Looking for CBD credit card processing? Here’s what you need to get CBD merchant processing, plus the 6 best picks for online & retail shops. On Monday/, Friends NYC, Emma Kadar-Penner and Mary Meyer filed a complaint in the Eastern District of New York against PayPal Holdings Inc. for allegedly CBD Payment Gateways & PayPal Issues Over the past few months, a number of CBD brands and online stores have had their PayPal removed, leading them to ask me questions about why this has
Looking For A CBD Merchant Account? Here Are The 6 Best CBD-Friendly Payment Processors To Work With
CBD merchant accounts inevitably come with higher prices and more restrictive policies than low-risk accounts but good options include PaymentCloud, PayKings, and more.
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Products derived from CBD oils have been available for several years now, but the legalization of hemp by the 2018 Farm Bill really kicked the market for CBD products into overdrive. Unfortunately, the payment processing industry hasn’t been very welcoming of this new class of products, leading to significant challenges for CBD merchants in finding a merchant account that will allow them to process credit and debit card sales.
Cannabidiol (or CBD) is a substance (or phytocannabinoid, to be more precise) that’s derived from hemp (Cannabis sativa) plants. Now, you’re probably already aware that marijuana also derives from Cannabis plants. The major difference between CBD products and marijuana is that the former contain little or no THC (tetrahydrocannabinol) or any of the other psychoactive ingredients that marijuana contains. In other words, CBD products won’t get you “high.” Despite this rather obvious distinction, CBD-based products had been illegal under federal law until just a few years ago. While that’s no longer the case, CBD laws today vary widely from one state to the next.
Almost all states currently allow you to purchase or distribute hemp-derived CBD products that contain less than 0.3% THC, but each state imposes specific legal requirements for doing so.
Although medical marijuana and, by extension, CBD products are now legal in the majority of US states, most banks and credit card processors have been extremely reluctant to approve CBD businesses for merchant accounts, and many such companies have had their accounts suddenly closed without notice. In this article, we’ll update you on the current (as of September 2021) legal status of CBD products and recommend several merchant account providers that accept businesses selling them.
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What Is A CBD Merchant Account?
A CBD merchant account is a merchant account that has been specifically approved for use in selling some or all types of CBD products. CBD businesses are considered very high-risk, so most of the popular merchant account providers (and even many high-risk specialists) will not accept merchants selling these products.
Why Do You Need A High-Risk Merchant Account For CBD Sales?
As you might expect, the processing industry has placed CBD products firmly in the high-risk category, making it much more difficult and expensive to get a merchant account. Businesses can find themselves labeled as high-risk for any number of reasons, but for CBD products, the main reasons are (1) unsubstantiated claims regarding the efficacy of the products, (2) high chargeback rates, and (3) legal issues affecting distribution of the product.
Like many products in the nutraceutical category, the purported beneficial effects of CBD oils have not been approved or validated by the Food & Drug Administration (FDA). With little or no peer-reviewed research currently available to evaluate the benefits of CBD use, the flood gates have been opened for businesses to tout CBD as a potential cure for… well, just about anything. Initially offered as a way to help you relax and alleviate stress, CBD is now claimed (by some people, at least) to cure depression, anxiety, and even autism.
Chargebacks are a known risk for just about any type of business, but the chance of experiencing one is much higher with CBD products. Unfortunately, the unproven claims of CBD’s beneficial health effects that we’ve discussed above make it much more likely that consumers will file a chargeback if they feel that the CBD-based product they purchased didn’t help them or make them feel better at all.
The banks that underwrite merchant accounts also don’t like to deal with businesses that sell a product that is on shaky or unclear legal ground. Currently, CBD laws vary widely from state to state, creating a number of legal conundrums for merchants who sell them.
The 6 Best CBD Merchant Services Providers
A CBD merchant account is simply a merchant account that allows you to accept credit card payments but has been approved by your provider for selling CBD-derived products. Due to the inherently higher risk associated with CBD products, CBD merchant accounts inevitably come with higher prices and more restrictive policies than low-risk accounts.
Here’s a brief overview of six of the best merchant account providers in the industry that accept CBD merchants:
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- No application or account setup fees
- “Free” credit card terminal with each retail account
- Dedicated account manager for customer support
- No pricing disclosures on website
California-based PaymentCloud has been providing high-risk merchant accounts since 2010 and now accepts CBD businesses as well. The company has a very high success rate at getting merchants approved for an account, and – unlike most high-risk providers – doesn’t charge an application or account setup fee.
Like most high-risk specialists, the company utilizes a quote-based pricing system and doesn’t disclose any standardized processing rates or account fees. Retail merchants are eligible for a “free” EMV-compliant terminal with each account. In this case, “free” means you’re free to use it for as long as you maintain your account, not that you can keep it even if you later close your account or switch providers.
PaymentCloud also offers Authorize.Net as its payment gateway, although its system is compatible with other third-party gateways as well. Additionally, it provides a free virtual terminal with each account. Note that PaymentCloud is currently only approving accounts for CBD merchants that sell products that are applied externally, such as oils and lotions. Ingestible CBD products, such as gummies, dog treats, etc., are currently prohibited.
2. National Processing
Get a free Clover Go card reader from National Processing when you sign up. Claim your card reader.
- Full line of Clover terminals and POS systems
- Excellent online reputation
- Low-cost echeck/ACH payment processing
- “Free” equipment may require a long-term contract
- Early termination fee charged for “free” equipment
National Processing is mainly known for its excellent low-risk payment processing services, which feature competitive rates and transparent terms. So you may be surprised to hear that National Processing also offers high-risk merchant accounts to CBD vendors.
High-risk merchants will have access to most of the same features National Processing offers to lower-risk merchants, including terminals, mobile payment processing, eCommerce support, and chargeback prevention tools. Be prepared to pay higher transaction fees than those listed on the company’s website, however. High-risk merchants also pay a $15 monthly account fee.
National Processing may be of particular interest to CBD merchants who want to use the Clover line of terminals. National Processing supports the full line of terminals and add-ons.
Get a free card swiper from Square at no cost when you create a free account. Claim your card reader.
- Predictable flat-rate pricing
- No monthly fees
- Very affordable processing hardware
- Suitable for low-volume CBD businesses
- Account stability issues
- Below-average customer support
Square has been offering CBD processing services since 2019. Transaction processing rates are notably higher than the company’s low-risk rates, but the lack of account fees makes it a great alternative to getting a traditional high-risk merchant account. Although it’s still listed as an “early access” program on the Square website, you no longer need an invitation to sign up.
As with Square’s extremely popular services for low-risk businesses, the company fully discloses all prices on its website. This transparency allows you to make a reasonably accurate estimate of what it will cost you on a monthly basis to use its services. Processing rates are quite reasonable, although they’re naturally higher than what low-risk merchants are charged:
- 3.9% + $0.10 per transaction for in-person (i.e., card-present) transactions
- 4.2% + $0.30 per transaction for online and in-app transactions
- 4.8% + $0.15 per transaction for keyed-in and card-on-file transactions
Believe it or not, these are actually very good rates for any high-risk business, but especially for an industry like CBD. One word of caution: Square charges the same rate for credit and debit cards, which means that you’ll be paying a much higher rate for PIN debit transactions than you would under an interchange-plus rate plan. At low volumes, this is a reasonable tradeoff to avoid all of the numerous monthly and annual fees that come with a traditional merchant account.
Now that Square is an option for low-volume CBD merchants, we feel that this is a great opportunity for businesses that up until now have had to operate on a cash-only basis. You’ll have access to all of the same great products, services, and contract terms that low-risk merchants have been enjoying for years. Square operates on a pay-as-you-go basis, eliminating virtually all of the onerous “hidden” fees that most other providers add to your bill. At the same time, you need to be aware that Square does have its limitations. As a payment service provider (PSP), Square aggregates your payment account with those of other merchants, rather than providing you with a true full-service merchant account. Because of this limitation, the risk that your account will suddenly suffer a freeze, hold, or termination is higher than it is with a traditional merchant account. Also, Square’s reputation for customer service and support isn’t that great, although it has improved significantly in this area within the past few years.
4. Easy Pay Direct
Easy Pay Direct
- Accepts CBD merchants selling ingestible and topical products
- No monthly minimum
- No early termination fee
- Possible $250 application fee
Easy Pay Direct has been providing high-risk merchant accounts for over nine years. It now accepts CBD merchants, although it doesn’t take startups unless they’re either very well-funded or have previous operating experience. The company’s primary product is its proprietary EPD Gateway. While you’ll have to pay a premium in terms of processing rates and account fees, you’ll be set up with a domestic bank or credit card processor. It’s also one of the very few CBD providers to offer some pricing disclosures on its website. US and Canadian merchants who qualify can get approved for an account in about 7-14 days.
The company’s processing rates start at 2.50% + $0.25 per transaction, although these are volume-based rates, meaning that only the largest businesses will qualify. There’s also an account fee of $29.99 per month. One very positive feature of Easy Pay Direct’s contracts is that they do not have an early termination fee, even for high-risk businesses. While this isn’t quite the same thing as true month-to-month billing, it does make it much easier to close your account without penalty if you have to. Also, there’s no monthly minimum.
One helpful feature offered by Easy Pay Direct is called load balancing, where a business can divide its incoming funds among multiple merchant accounts. It’s particularly beneficial for high-risk businesses that often exceed the monthly processing volume limits imposed by the processor underwriting their accounts. Just be aware that you’ll usually have to pay separate monthly fees for each account, so it might not be cost-effective for some merchants. Also, be aware that you might not need this feature if you opt for an offshore account. Underwriting guidelines in some (but by no means all) foreign countries are more relaxed than they are in the United States, and you might not have a monthly processing limit imposed on your account at all.
- No setup or application fees
- Multicurrency options
- eCheck processing offered
- Interchange-plus pricing offered
- Early termination fee
- May require rolling reserve
PayKings specifically advertises to CBD merchants, particularly those who’ve had their accounts with more traditional providers shut down. The company works with over two dozen backend processors (including several offshore banks) to get you approved for an account. Best of all, it takes care of the application and underwriting process without charging you any application or account setup fees.
PayKings also offers interchange-plus pricing, but it’s not cheap. Rates are advertised as being interchange + 1.0% and higher. While this is quite a bit more than rates typically offered to low-risk businesses, it’s still a better deal than getting stuck with the even higher costs of a tiered pricing plan. Fortunately, PayKings provides a very broad array of products and services, including numerous third-party integrations. The company enjoys a mostly positive reputation among merchants, although problems with early termination fees and rolling reserves have come up. These two requirements are actually imposed by the backend processor, not PayKings, and are difficult to avoid for any high-risk merchant.
6. SMB Global
- Accepts CBD businesses through offshore merchant accounts
- Reasonable pricing and contract terms
- Excellent customer service
- Requires a minimum $50,000 monthly processing volume for offshore accounts
- No mobile processing system at this time
- No information available about credit card terminals or POS systems
SMB Global is a high-risk specialist that spun off from one of our favorite providers, Payline Data, in 2016. Headquartered in South Jordan, Utah, the company specializes in providing merchant accounts to high-risk and offshore businesses. Using a variety of back-end processors, it’s able to approve a merchant account for almost any high-risk business, including those selling CBD oils. The company primarily serves eCommerce merchants, offering a choice between the NMI and Authorize.Net payment gateways, as well as integrating with over 175 popular online shopping carts.
Because it works with so many banks and processors to get you approved for an account, the company doesn’t offer any specific pricing information. Processing rates, account fees, and contract terms vary widely depending on which back-end processor is handling your account. While we highly recommend that you request an interchange-plus pricing plan, be prepared to have to accept a tiered plan instead, particularly if you haven’t been in business for very long. Likewise, you can also expect to have a standard three-year contract with an automatic renewal clause and an early termination fee. As a CBD merchant, you should be prepared to have a rolling reserve included in your account agreement.
SMB Global requires a minimum processing volume of $50,000 per month for an offshore merchant account, which can present a formidable barrier to a newly established CBD business. The company will occasionally waive this requirement if your business has a very strong financial history. Offshore accounts support multicurrency processing, allowing you to avoid cross-border fees. It also features dynamic currency conversion, letting your customers pay in either their local currency or the currency in which you bill them. SMB Global appears to accept CBD merchants only through offshore accounts at this time.
Looking For One Of These CBD Merchant Processors?
As CBD products become more mainstream, the number of merchant services providers offering CBD processing is steadily increasing. Unfortunately, many of these providers either don’t have much of a public track record, or we simply haven’t yet subjected them to a full review. In either case, while they might be a great choice for your business, we can’t include them in a “best of” list at this time. The following providers are worth looking into if you’re struggling to get approved for an account:
BestMerchantRates (formerly PayWize) is a very small provider that has only been in business since 2017. However, it’s affiliated with Payment Depot, one of our top choices for low-risk businesses. The company’s one-page website discloses some details about its CBD processing service, but doesn’t mention specific prices. You can expect credit/debit card processing, eCheck acceptance, flat-rate pricing, and no rolling reserve. While the company appears promising, the lack of online feedback from users makes it impossible for us to confirm that merchants are happy with their service. BestMerchantRates is still worth checking out, particularly if none of our top five recommendations have worked out for you.
Shift Processing is a high-risk specialist that markets its services to both retail and eCommerce CBD merchants. The company provides much more information about its services on its website than many other providers we’ve seen, but doesn’t include specific pricing information. Shift Processing uses surcharging programs to help you pass some of your processing costs onto your customers and make it more affordable for you to accept credit cards. Online feedback for the company is generally positive, but we haven’t completed a full review of Shift Processing at this time.
Legal Issues In The CBD Oil Industry
Until late 2018, CBD-based products were still listed as Schedule I drugs by the Drug Enforcement Agency (DEA), effectively prohibiting their sale, transportation, or use under federal law. However, many states (36 as of this writing) have passed medical marijuana laws that legalized the use of marijuana and CBD-based products for medicinal purposes. Eighteen states have gone even further, legalizing marijuana for recreational purposes and removing most prohibitions against CBD-based products.
The 2018 Farm Bill was supposed to change all of that. Under this law, hemp-based products (defined as containing less than 0.3% THC) were removed from the Schedule I list of controlled substances. However, you must be a licensed grower and comply with all applicable federal and state laws to produce and sell your product legally. With so many variations in state laws, it’s well beyond the scope of this article to attempt to cover them all. We recommend that you look into your state’s laws and consult with an attorney or qualified consultant to determine the specific requirements that apply to your business.
Passage of the 2018 Farm Bill was supposed to open the floodgates for the CBD industry, making it much easier for CBD merchants to obtain merchant accounts and accept credit cards just like any other business. For a time, it seemed that this would actually happen. Elavon began accepting CBD merchant accounts but suddenly shut them down just a few months later due to quality control issues with the product. If merchants don’t take adequate steps to ensure that their products contain less than 0.3% THC (as happened here), they could easily put themselves in legal jeopardy for selling a controlled substance.
Another factor behind Elavon’s decision to pull out of the CBD business was that the regulatory framework simply wasn’t in place yet to properly handle these types of businesses without taking on unacceptable risks.
For example, the Food and Drug Administration (FDA) still considers ingestible CBD products (e.g., gummies, dog treats, etc.) to be illegal because it has already approved the drug Epidiolex, which derives from CBD, for use in treating certain forms of epilepsy. The FDA has not approved the use of CBD-based products for any other purpose at this time. Research that might confirm the touted health benefits of CBD (and, presumably, lead to FDA approval) is still in its infancy, so don’t expect this situation to change anytime soon. It’s for this reason that some of the merchant account providers we’ve profiled above are only willing to take on merchants who limit themselves to selling CBD products that are applied externally (e.g., oils, salves, etc.).
Today, only a few high-risk specialists accept CBD businesses, and in many cases, they’ll require you to obtain an offshore merchant account. Of the few providers that do take CBD merchants, there are an even smaller number that we feel comfortable recommending. Our recommended processors are ones that we know already accept CBD merchants and have a strong reputation for providing fair prices and honest service.
You can, however, still expect to be assigned a high-risk merchant account – one that will, unfortunately, come with some very high processing rates. Until the day arrives when CBD products are fully legalized in all 50 states and approved by the FDA, we don’t anticipate that low-risk merchant accounts will become available. Also, be aware that some providers accepting CBD merchants impose additional restrictions beyond those typically required for a vanilla high-risk account. Some providers will only accept established businesses, while others impose a very high minimum monthly processing volume. Be sure to discuss these restrictions when you obtain a quote from any provider.
How To Choose Credit Card Processing For CBD Products
Finding a good high-risk merchant account provider for your CBD business involves the same criteria as a low-risk provider. It’s just harder to find a provider that offers the right combination of reasonable prices, fair contract terms, and high-quality customer service. Here are the most important considerations:
- Account Approval: The underwriting process required to get approved for a merchant account can be tedious for any merchant, but it’s particularly difficult if you sell CBD products. Nonetheless, completing this process before you start processing credit card sales can save you from having your account suddenly shut down once you’ve started using it. You should be skeptical of providers offering “instant” approval of your merchant account, as they often defer this critical step until after you’ve already signed a long-term contract.
- Pricing: The bottom line here is that any high-risk merchant account is going to cost significantly more than a comparable low-risk one. Be prepared to have to accept a tiered pricing model (although some established businesses might be able to negotiate a more affordable interchange-plus model). You can also expect to be charged higher monthly and annual fees as well, although the difference in these costs isn’t as much as it is with processing rates. Another additional “expense” that most high-risk merchants have to contend with is a rolling reserve. That’s where your processor withholds a certain percentage of your funds every month until the reserve is met. While you’ll eventually receive all your money, rolling reserves can create serious cash flow problems for a small or newly established business.
- Contracts: While we prefer month-to-month billing arrangements that don’t lock you into a long-term contract or force you to pay an early termination fee (ETF) if you close your account early, CBD merchants will usually have to accept both a long-term contract (typically for three years) and an ETF. Be aware that almost all long-term contracts include an automatic renewal clause that extends your contract, typically for one-year periods at a time.
- Processing Hardware: If you plan to sell CBD products out of a retail location, you’ll need a dedicated countertop credit card terminal or a mobile processing system that uses your smartphone or tablet in conjunction with a mobile card reader. Your terminal should be able to accept EMV payments at a minimum, and preferably NFC-based (“contactless”) methods as well. For some specific recommendations, check out our article, The Best Credit Card Machines & TerminalsFor Small Business. We also highly recommend that you purchase your terminals outright rather than leasing your equipment. Leasing arrangements lock you into noncancelable long-term contracts, and you’ll wind up paying several times more in leasing fees than what your machine is worth.
- eCommerce Support: Naturally, you’ll want to be able to sell your CBD products to as many customers as possible, and selling via a website allows you to do that. As we’ve noted above, there are still many legal grey areas regarding CBD sales across state lines that you’ll want to be aware of before you launch your website. At the same time, the recent legalization of hemp-based products is creating eCommerce opportunities that weren’t there as recently as three years ago. All of our recommended providers can set you up with a high-quality payment gateway that will allow you to process transactions over the internet and significantly expand the reach of your business. As not all states have relaxed their marijuana laws, you’ll want to find a gateway that will automatically filter out customer addresses where CBD products are still restricted.
- Customer Support: In researching dozens of merchant account providers, we’ve found that high-quality customer service is the real secret ingredient that separates the merely average providers from the truly outstanding ones. Customer support issues occur more frequently with CBD and other high-risk merchants, so you’ll want to pay particular attention to a provider’s reputation in this area.
CBD Payment Gateways & eCommerce
While they’re essential for eCommerce, payment gateways are increasingly finding their way into retail businesses as well, often as part of an integrated payments platform. Although the core function of a payment gateway is to process a transaction over the internet, integrated platforms add many additional functions, including inventory management, employee scheduling, and sales analytics and reporting. Integrated platforms allow you to manage your business from anywhere – as long as you have a device with a web browser and access to the internet.
Before you can use a payment gateway to sell CBD products, however, you’ll have to have an account with a payment service provider (PSP) or merchant account provider that has approved this activity. Many fledgling CBD businesses have ground to a halt because the merchant didn’t realize that their provider expressly prohibited CBD sales until it was too late. Getting your account shut down can make it more difficult to find a new provider that will approve you, so it’s critically important that you sign up with a company that explicitly supports CBD sales and be completely honest about the nature of your products during the onboarding process. Here’s a summary of the policies regarding CBD sales of some of the most well-known payment processors:
Square CBD Policy
In the early days of the CBD industry, many merchants simply signed up with Square, only to quickly have their accounts terminated when the company discovered what they were selling. Today, Square openly accepts CBD merchants through a specialized program. Introduced in 2019, this program imposes processing rates that are significantly higher than Square’s low-risk rates. However, there are no long-term contracts or monthly fees, and you’ll still have access to the company’s ever-expanding lineup of products and services.
PayPal CBD Policy
While PayPal will allow almost anyone to sign up for a business account, its Acceptable Use Policy has always prohibited using its platform to sell any CBD products. Violation of this policy will result in the closure of your PayPal account. As of 2021, this policy is still in effect, and we haven’t seen any indication that it will change anytime soon.
Shopify CBD Policy
Shopify supports the sale of hemp-derived CBD products (but not marijuana-derived products) in states where it’s legal to do so. However, you’ll have to sign up with a third-party payment gateway provider (DigiPay and PinWheel are the only choices at the moment) and ensure compliance with all applicable state and federal laws. The Shopify Payments credit card processing service is not available for CBD sales at this time.
BigCommerce CBD Policy
BigCommerce offers extensive support to CBD businesses, including access to a choice of over 65 third-party payment gateways. The company also provides extensive information about the ins and outs of running a CBD business on its website, and is an excellent resource to refer to when setting up your CBD business.
Authorize.Net CBD Policy
Visa-owned Authorize.Net doesn’t like to talk about CBD, but the truth is that you can process CBD sales over the Authorize.Net gateway. In addition to other legal requirements, you’ll have to be using a merchant services provider that has approved your business for CBD sales. This shouldn’t be a problem, as PaymentCloud and many other CBD merchant account providers use Authorize.Net as their primary gateway option. Note that if you’ve signed up for payment processing services directly through Authorize.Net, you probably won’t be able to use that account for selling CBD products.
Check out our full post on how to sell CBD online to find the eCommerce right platform for your shop.
Which CBD Payment Processor Is Best For My Business?
Despite the passage of the 2018 Farm Bill and the deregulation of hemp and hemp-based products, the CBD industry continues to struggle with a mass of conflicting state laws that make it challenging to find a merchant account. Elavon’s abrupt decision in 2019 to pull out of the industry altogether left many CBD merchants struggling to find a substitute provider. As of early 2021, the availability of CBD payment processing continues to expand as reputable providers such as Square now openly offer CBD payment processing.
At the same time, the industry continues to suffer from a combination of conflicting regulations, a high chargeback rate, and an often-erroneous association with the marijuana industry. For these reasons, CBD merchant accounts can be unusually expensive – even compared to other high-risk industries – and consumers ultimately bear that cost. We firmly believe that the regulatory issues affecting the CBD industry will get sorted out – eventually. The process of updating the law is never swift, and with 50 different legislative bodies working independently on these issues, it will probably be quite some time before most major banks and direct processors will feel comfortable working with the CBD industry. Further action by the Food and Drug Administration (FDA) is also critical to the future of the CBD industry. If the FDA finds that CBD products are medically effective, there is the risk that they’ll be restricted to prescription-only status. At the same time, FDA studies that fail to back up the numerous health claims made by CBD proponents could doom the industry altogether.
As long as you meet their acceptance criteria, any of the five providers we’ve highlighted above should be able to provide you with high-quality service at a reasonable price. Square is probably the best and most reliable option available for smaller CBD merchants or those just starting out. PaymentCloud, Easy Pay Direct, and SMB Global are better choices for larger businesses that need the stability of a full-service merchant account.
If you’re in the process of launching your CBD business, you may need a business loan in addition to a payment processor. Our article, How To Get A Loan For Your CBD Business (Without Getting Scammed In The Process), offers some great tips and recommendations, so check it out!
In Summary: The 6 Best CBD Merchant Services Providers
: Best choice for merchants selling topical CBD products and seeking personalized customer support. : Best choice for merchants who want to use Clover terminals. : Most affordable choice for low-volume CBD merchants and startups. : Best choice for merchants looking for transparent pricing and a domestic merchant account. : Best for merchants looking for interchange-plus pricing. : Best choice for high-volume CBD merchants.
Frank Kehl has been researching and analyzing merchant services, payment gateways, and international money transfer services since 2015. He has a Bachelor of Science degree from Penn State and a Juris Doctorate from the Ventura College of Law.
PayPal Sued for Freezing Account of CBD Products Seller
On Monday/, Friends NYC, Emma Kadar-Penner and Mary Meyer filed a complaint in the Eastern District of New York against PayPal Holdings Inc. for allegedly locking their business’ account and withholding money from them, allegedly because they sold CBD products.
According to the filing, the plaintiffs opened a PayPal account in 2012, which they used as a third party vendor to collect payment for the sale of their products, which included home goods, gifts, and clothing. According to the complaint, Friends NYC expanded their product line and began to include CBD products that contained oil with 0-3% THC.
The plaintiffs alleged that on December 2, 2020, PayPal sent them a message stating that “both their business and personal accounts were locked, that Plaintiffs were permanently barred from transacting any business sales with [PayPal].” Furthermore, a hold of $9,000 was placed on their account. PayPal supposedly told them they would need 6 months to investigate, but they “were given no information as to the cause for a 6 month period.”
According to the 2018 Hemp Farm Act, “no State … shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946,” and cannabis and low derivations of THC (such as CBD products) were removed from the definition of marijuana in the Controlled Substances Act, making it legal to transport and sell in New York.
To make matters worse, the plaintiffs claimed that they were never given any updates and were charged $3,958.01 as “damages” on May 20th, 2021. On June 11th, PayPal permanently locked their account for “sale of narcotics.” As a result, the plaintiffs are suing on the counts of breach of contract, interference of possession of bank accounts and deprivation of property without due process.
Friends NYC are seeking 9% interest for the $9000 hold on their account, damages in the amount of $3958.01 plus interest, punitive damages, attorney’s fees and costs of no less than $100,000 and other relief.
CBD Payment Gateways & PayPal Issues
Over the past few months, a number of CBD brands and online stores have had their PayPal removed, leading them to ask me questions about why this has happened, what the PayPal policy is around the sale of CBD and what they can do to fix the situation. So, let’s step back and look at the PayPal policy first.
I contacted PayPal directly, speaking to Claudia from their Press Office, asking for advice and what message they would like to send to any brands wanting to sell CBD. They sent the following response:
“As reflected in our Acceptable Use Policy, PayPal currently does not permit the use of our payments platform for the sale of products containing Cannabidiol (CBD)”.
But I had an issue with this. You see, if you were to go onto Holland & Barrett, Boots or Lloyds Pharmacy, you will find you can purchase CBD oil using PayPal. It would appear one set of rules is being applied to them which doesn’t meet their Acceptable Use Policy. I enquired about this matter, but the response I got was:
“PayPal has no further comment to add on this.”
It would appear this isn’t the first time they have been asked this and the solution is to ignore the question, quite frustratingly.
It should also be stated, to those saying this is unfair, that PayPal isn’t a regulated bank and actually have every right to do this (even if we all find it very frustrating). In their actual policies, it states that they can freeze your funds for up to 180 days if they feel you are breaking their acceptable use policy, meaning any money you have in the account could be held for an extensive period of time, which could be devastating to many brands cashflow situations.
So what about other payment gateways that you could use?
This is unfortunately another roadblock, as Stripe have stated the following:
“We aren’t able to support businesses selling CBD products at this time”.
While some brands allow other forms of hemp products to be sold, a representative from Stripe has stated “we impose a blanket ban on the sale of any products related to marijuana, including hemp and CBD oil.”
Even when asking around products that contained zero THC, the answer was a no.
However, there was a positive note at the end. They had this policy because at the time it was set, CBD was a schedule 1 drug, whereas now they know it isn’t, they will undoubtedly change the rule at some point in the future. Without the threat of them receiving large fines, the door is ajar, we just need someone to push hard enough.
Who Says Yes?
I’m sure you must be scratching your head wondering what options you have left! Well I’ve listed below all the different CBD Payment Gateway options for you to consider and tried to list all of the associated costs.
They claim to have a 100% approval rate, which is relieving for many brands that work in a supposed ‘high risk’ area such as CBD. The brand has a strong reputation for working with brands within gambling and adult entertainment, as well as CBD.
The payment gateway solution has PCI-DSS level 1 security in place, while they accept over 100 currencies in 196 countries.
Direct Pay Net
Launched in 2009, this company is a full merchant service solution provider, while they offer their services to CBD brands.
They will require a history of financials, proof of company ownership, licensing for any regulated products and website compliance.
One great option is MWB Solutions, which has an e-commerce gateway which works with various platforms such as WordPress, Shopify, WooCommerce, Magento, Joomla and Drupal. They also have a PoS and credit card terminals.
Speaking to their owner Warren, they stated:
“We do process payments for CBD based products, as long as it contains less than 0.2% THC and the application is quite thorough.”
As of October 2019, Square have also started opening up payment processing for CBD products, following an announcement at a conference. They do state that there is a very strict level of due diligence taken on the companies that are selling, but that they are relaxing their rules, charging CBD sellers 3.9% in the US and an extra 10 cents per transaction for swipe, tap and dip payments.
Lumi-Pay offer a one-click solution, integrating with the main content management systems such as WordPress, Shopify, Magento and Joomla. The brand focuses on the UK and countries within the EU, while they’re open to working with high-risk industries such as CBD.
So in conclusion, you will miss out on a fair amount of earnings as a number of people want to do payments via PayPal, but it looks like PayPal are shooting themselves in the foot and missing out on a large amount of revenue, as companies will be looking to alternative solutions for their e-commerce payment gateways.