Delta 8 is a compound — one that is related to marijuana — that has become wildly popular over the past few years. Legalized somewhat unintentionally by the passage of the 2018 Farm Bill, the drug is known for creating a high similar to marijuana. However, this has predictably led to a great deal of blowback over the compound, particularly as governments and merchant processing accounts crack down on it and make it harder to sell.
Many merchants don’t allow for Delta 8-related purchases, including a variety of online realtors, like Amazon. If you sell products on Shopify and are interested in selling Delta 8, you should ask yourself this fundamental question: Can you sell Delta 8 on Shopify?
The answer is highly confusing and requires specific testing of your product. Of course, this may not be a bad thing for consumers.
What You Need If You Want to Sell Delta 8 on Shopify
Selling products like Delta 8 can be challenging, as this product often requires vendors to jump through additional hoops to access merchant account services. This can get very complicated, as you often need to work extra hard to reduce your processing fees.
The short answer? Yes, you can sell Delta 8 on Shopify. This is different than other websites, like Amazon. However, the longer answer is much more complicated and may require more work on your end.
Let’s start here: Delta 8 is currently in a bit of a legal grey area. The federal government unintentionally legalized it thanks to the language of the 2018 Farm Bill, and vendors immediately began to sell the compound, noting that it now appeared to be legal as a direct result of changes to the Farm Bill. The specifics of the Farm Bill said that any hemp-related product could be sold if it contained less than .3% THC or tetrahydrocannabinol. THC — and specifically Delta-9 THC — is the compound within marijuana that is responsible for the high. .3% THC will not get anyone high, and these levels are common in CBD products.
However, Delta 8 THC is measured differently than Delta-9 THC. It has similar effects to Delta-9 THC but with less intensity. As a direct result of the vagrancy within the language of the 2018 Farm Bill, vendors began to sell the compound. The FDA started to crack down on its sale; however, a federal court decision said that only Congress, not Executive Branch agencies, could stop the sale of Delta 8. As such, Delta 8 was legal.
Confusing enough for you? It gets better. Certain states have banned or applied their regulations to Delta 8 THC. Currently, Delta 8 THC is illegal in fourteen states, and that number may increase.
Back to Shopify. Shopify’s guidelines specifically say that you can sell Delta 8 THC on the website, provided that:
1) It conforms with existing laws.
2) It’s marketed in line with FDA guidance. As such, you can’t make unproven medical claims about the product.
3) It contains less than .2% THC.
Not .3% THC, which is in line with federal standards. .2% THC. Why that number? Who knows. But, if you meet these markers, you can sell it on Shopify.
Now, what does that mean? Consider the following:
- You must be careful with how you market Delta 8 products and ensure that you do not state or imply that it will have any medical impact.
- You can’t ship to any of the banned states, or you’ll be using Shopify to violate the law. Furthermore, different forms have different regulatory schemes, and if you want to sell to those states, you need to comply with those guidelines.
- You must ensure that your product contains less than .2% THC. This may mean you have to test your product and provide proof of testing, known as a Certificate of Analysis, upon demand.
Adhering to these regulations isn’t just a little complicated. It is extremely complicated. So, while you can sell Delta 8 THC on Shopify, it can be very confusing, expensive, and time-consuming to keep up with their requirements. Many vendors have found it easier to sell Delta 8 THC from their websites. If you decide to do that, you will need a high-quality merchant account processor. At Bankcard, we offer these services and can help get your Delta 8 business off the ground and access the financial assistance you need.
What Does This Mean for the Future?
So, yes, you can sell Delta 8 on Shopify. However, there’s no guarantee that this will always be the case. Indeed, the cannabis area of law is known for frequent changes. As a result, private merchants have no choice but to adhere to the regulations placed by Shopify or other private merchants. As such, you will need to keep an eye out on local, state, and federal laws, ensuring that you comply with the government’s rules and that Shopify continues to allow you to use the platform to sell Delta 8 THC.
Pay attention to the rules and develop alternate selling plans, like other high-quality, high-risk merchant account services.
What Records Should You Keep?
If you’re going to sell Delta 8 products, you should keep the following records:
- Records that confirm Delta 8’s legality within the state you are both creating and shipping.
- A copy of all marketing efforts confirms that you are marketing the drug within the law’s specifications.
- A copy of the lab test — often known as the Certificate of Analysis — confirms that the sold drug contains less than .3% THC.
Numerous studies have found that CBD and related drugs are often mislabeled concerning THC levels. These issues have caused an increase in consumer distrust about buying CBD or Delta 8 products. As such, it’s a good idea to contain a link to the Certificate of Analysis for the batch of Delta 8 you are selling. Providing this information can increase the comfort level of any customer when they buy the product from you, as it makes it clear you are transparent with what is in your product.
Having a copy of these records can make your life much easier for Shopify and your own business, as it can likely help you gain access to merchant account services that you may struggle to access otherwise. For example, if you try to sell Delta 8 CBD on your website, you may be asked to provide proof that the product is legal. If you need a high-risk merchant account for Delta 8 or any other uses, consider checking out Bankcard, which offers an array of high-risk merchant solutions.
What About Other Merchant Solutions?
If you have tried to sell Delta 8 or other cannabis products, you’ve almost certainly run into various other issues. For example, many merchant account processors are unwilling to work with any vendor that sells any cannabis product, even one that has been ruled legal by the federal courts. Alternatively, they may be willing to work with you, but only if you sign up as a high-risk merchant. High-risk merchant accounts are necessary for vendors that merchant account processors believe are at exceptionally high risk of refunds or face other reputational challenges. Common high-risk merchant accounts include CHD and THC vendors.
High-risk merchant account services are often necessary to sell this compound. As such, you should always examine alternatives to selling on Shopify. Bankcard can offer these services and various ways to integrate merchant account services with the multiple aspects of your business.
What Services Might I Need If I Sell Delta 8?
Shopify may change its policies and procedures one day, disabling the option for you to sell Delta 8 products. As such, you should make sure that you manage your website and point-of-sale devices that enable you to sell your products, regardless of whether or not you have access to Shopify.
As such, you should investigate a full suite of products that can enable you to sell Delta 8 or any other product. These services include:
- High-risk eCheck processing: Many high-risk industries struggle to process eChecks, which are alternative payment forms that many websites accept. If you process eChecks, you may need access to services that will allow you to do so safely, inexpensively, and quickly. eCheck processing often crosses into ACH payments, another commonly used method of processing paperwork.
- High-risk online payment gateway: If you process payments on your website, you will need a high-risk online payment gateway. This gateway should be capable of running any transaction that crosses your website. Such a gateway will also include running credit or debit cards and may involve integrating with other merchant account services, like PayPal. For example, suppose you need a high-risk online payment gateway. In that case, you may find that the merchant account provider you’re working with is implementing costly fees that can make it very difficult to do business. While higher fees may be part of doing business as a high-risk vendor, you still deserve affordable access to these services. As such, when looking for a high-risk online payment gateway, check out the fees being levied against you.
- Cryptocurrency payments: Various cryptocurrencies are becoming increasingly popular in their use. However, most online payment processors can’t handle crypto payments. That being said, if you sell Delta 8 on Shopify, your customers may come to expect access to crypto payments, as Shopify does accept crypto. As such, you can sell Delta 8 on Shopify and use crypto, and you should make sure that customers can do the same when making purchases on your website or other platforms.
- Retail merchant services: With Delta 8 commonly being sold in many retail locations, you will need to ensure that you allow individuals to purchase Delta 8 in a retail store if you have one. You will need access to point-of-sale equipment and the technical support that allows you to process credit cards or cash payments in this manner. Furthermore, you should ensure that any retail merchant services you use have a free set-up, no hidden fees, and no cancellation fees and provide you with the support necessary to manage any potential issues.
- Integrations: Many vendors need specific integrations to integrate their merchant account services with websites, retail stores, social media platforms, and more. For example, while you can sell Delta 8 on Shopify, this may create a variety of accounting complications unless you integrate these operations with your broader business ventures. This may involve customized programming or working with your accounting and inventory services to ensure that you can quickly transfer information. As such, these integrations are critical for overall operations.
As you can see, you can sell Delta 8 THC on Shopify, but it’s more complicated than that: You have to ensure that you obey the rules and operate within the confines of the strict regulations that Shopify places on vendors. However, doing so is ultimately good for your business, as it will help you retain access to the critical merchant account services you need.
As such, you may find that other options offer you a better pathway forward. If you’re interested in learning more about other high-risk merchant account services, Bankcard offers many benefits for your high-risk business venture. We can provide you with access to the financial assistance that you need. Contact us today if you’re interested in learning more about Bankcard’s offerings.