Key risks and insurance considerations for businesses in the hemp and CBD industry

The hemp and CBD industry has experienced significant growth in recent years. In fact, the sector is projected to be valued at nearly $28 billion by 2028, up from $5.6 billion in 2020.¹ Specifically, the rising popularity of cannabidiol—a cannabinoid also known as CBD—has largely contributed to the hemp industry's surging success, with a wide range of CBD products appearing on the shelves in thousands of stores across the United States.²

While this industry is certainly growing, it also carries numerous risks. Of course, businesses within the hemp sector face exposures common to every industry—including property damage, business interruptions and equipment breakdowns—but they are also susceptible to industry-specific risks. Both the production and distribution of CBD and other hemp products are still under the process of being regulated at the federal and local levels, thus creating compliance challenges. The nature of these products also makes them increasingly subject to potential liability concerns, including customer lawsuits.

Whether businesses manufacture, distribute or sell CBD or other hemp products, it's important for them to understand their unique risks and take steps to protect against those exposures by securing sufficient insurance coverage. Here's an outline of hemp industry risks and coverage solutions for businesses within the sector to consider.

Industry risks

Businesses that operate in this sector face a variety of possible exposures. Some key risks include the following:

• Compliance concerns—Businesses selling hemp or CBD must take note of a handful of regulatory hurdles. Because CBD and other hemp products are still being regulated, compliance requirements can vary between states. What's more, this legislation is subject to change over time. Here are some regulations to keep in mind:
  • Although the 2018 Farm Bill legalized the cultivation of hemp in U.S. soil and therefore permitted CBD products derived from hemp to be sold throughout the country, states are allowed to develop their own laws regarding hemp cultivation and what type of CBD products can be offered.³ For example, some states only permit businesses to sell CBD products if they are derived from hemp, meaning they contain less than 0.3% tetrahydrocannabinol—also known as THC. Other states with medical or recreational marijuana laws allow CBD to be derived from either source, with specific rules in place for where it can be sold and in what kinds of products.
  • At the federal level, the U.S. Food and Drug Administration (FDA) restricted CBD products from being called "dietary supplements." The FDA made this decision after approving a drug known as Epidiolex with CBD in it. Although states are permitted to form their own legislation on this topic, the FDA's ruling means that CBD items cannot be sold or marketed in food or beverage products within the scope of interstate commerce. In other words, these products cannot cross state lines.⁴
  • While businesses generally do not need any licensing to sell CBD or other hemp products, most states—primarily, those that adopted the 2018 Farm Bill—require such certifications in order to legally grow hemp plants as well as extract and manufacture CBD products from these plants. Some states prohibit hemp planting and CBD extraction altogether.⁵
• Customer lawsuits—Businesses that sell or manufacture CBD or other hemp products should be aware of the potential for customer lawsuits or other liability issues stemming from the use of these items. Even though customers may seek these products out for wellness reasons, it's critical to refrain from making medical claims about their CBD or other hemp offerings. Businesses that market their products as capable of providing specific health benefits or treating certain conditions could face significant legal action from customers if their products fail to work as advertised. In addition, ingredients of their CBD and other hemp products should be clearly listed within the items' packaging to help customers identify potential allergens and irritants. Further, businesses should refrain from marketing any products as "THC-free," as such claims cannot be officially certified. Even trace amounts of THC should be identified. After all, customers could sue businesses for any damages they suffer after using products that didn't include full ingredient labels.
• Equipment mishaps—To manufacture CBD or other hemp products, businesses typically need a range of planting and extraction equipment. While beneficial to operations, this equipment can be both costly and complex. If any of this equipment breaks down or malfunctions, businesses could encounter significant expenses and disruption concerns.
• Transportation issues—If businesses are responsible for distributing CBD or other hemp products, they need to address the risk of any problems that may occur during the transportation process. Namely, if these products are lost or damaged in transit, businesses could experience delivery problems, schedule delays and other costly consequences. Additionally, businesses that get caught trying to illegally transport food‐ or beverage-based CBD products over state lines could face regulatory ramifications at the federal level.