Effective Date: May 1, 2025
This Policy applies to every product listed, advertised, offered, sold, or fulfilled through the Smoke App Platform. It is part of the Smoke App Merchant Agreement. Capitalized terms not defined here have the meanings in the Merchant Agreement.
1. Core Rules
1.1 Lawful where offered. A Merchant may offer a product only if it is lawful for that Merchant to possess, advertise, sell, and fulfill it, and lawful for the Customer to receive it, under federal law and the law of the state and locality where the Merchant is located and where the product is picked up or delivered, on the date of the sale.
1.2 Merchant responsibility. For merchant sales, Merchants are responsible for knowing and following the laws that apply to their products. Smoke App’s filters, category rules, and reviews help enforce this Policy but do not guarantee that any product or sale is lawful.
1.3 Stricter rules control. If federal, state, or local law, or a Merchant’s payment provider, delivery provider, or other partner, imposes a stricter rule than this Policy, the Merchant must follow the stricter rule.
1.4 No circumvention. Merchants may not misname, miscategorize, bundle, describe as a “gift” or “sample,” or otherwise disguise products to avoid this Policy or Smoke App’s filters.
1.5 Smoke App sales. For orders in which Smoke App is the seller, this Policy applies to Smoke App in the same way, and Smoke App limits those orders to product categories and locations for which it holds every required license and registration.
1.6 Minimum age. Every product in Section 3 or Section 4 of this Policy is restricted to Customers 21 or older on the Platform, even where a state allows sales to younger adults.
2. Definitions
Prohibited Products may not be listed or sold anywhere on the Platform.
Restricted Products may be listed and sold only where lawful and only if the conditions in Section 4 are met.
Hemp-Derived Cannabinoid Products means products derived from hemp that contain cannabinoids, including CBD, CBG, CBN, Delta-8 THC, Delta-9 THC, Delta-10 THC, THCA, and similar compounds, in any form, including flower, pre-rolls, vapes, edibles, beverages, tinctures, topicals, and concentrates.
3. Prohibited Products
The following are prohibited everywhere on the Platform:
- Marijuana and cannabis outside the federal hemp definition, including any product that does not meet the federal definition of hemp in effect on the date of sale, regardless of state marijuana laws.
- Controlled substances and their analogues, including psilocybin and psilocin mushrooms, spores sold for cultivation of those mushrooms, and synthetic cannabinoids sold as “Spice,” “K2,” or similar products.
- Unauthorized tobacco and nicotine products, including ENDS (e-cigarettes, disposable vapes, pods, and e-liquids) that are not lawfully marketed under federal law, including by having received any required FDA marketing granted order, and any tobacco product subject to an FDA order, import alert, or seizure that makes its sale unlawful.
- Products concentrated in or synthetically enhanced with 7-hydroxymitragynine (“7-OH”), and any kratom product containing added synthetic alkaloids.
- Nitrous oxide marketed or sold for inhalation, and “whipped cream chargers” sold alongside smoking or cannabinoid products.
- Drug paraphernalia marketed or designed primarily for use with illegal controlled substances, including products marketed with references to illegal drugs.
- Products that appeal to minors, including products or packaging that imitate candy, snacks, cereal, soda, or other food brands, or use cartoons, toys, school supplies, superheroes, or other youth-oriented imagery, and devices disguised as other objects (such as phones, highlighters, or backpacks) to conceal use.
- Products making disease or drug claims, such as claims to treat, cure, or prevent disease, anxiety, pain, addiction, or other medical conditions.
- Prescription drugs, including products containing FDA-approved drug ingredients.
- Alcohol, including alcoholic beverages combined with cannabinoids.
- Counterfeit, stolen, diverted, adulterated, expired, recalled, or tax-evaded products, including cigarettes lacking required tax stamps.
- Weapons, explosives, and fireworks.
- Any product whose sale or delivery to the Customer’s location is prohibited, including products subject to local flavor bans or delivery-sale bans.
4. Restricted Products
4.1 Tobacco and Nicotine Products
Includes cigarettes, cigars, cigarillos, pipe tobacco, roll-your-own tobacco, hookah tobacco, smokeless tobacco, and nicotine pouches. Conditions: the Merchant holds every required tobacco retail license; products comply with FDA requirements, required warnings, and state product directories; products comply with state and local flavor restrictions, including menthol restrictions where applicable; cigarettes bear required tax stamps; the Merchant complies with the PACT Act and state delivery-sale laws wherever they apply; and delivery is enabled only where state and local law permit delivery to consumers.
4.2 ENDS (E-Cigarettes and Vapor Products)
Includes devices, disposables, pods, cartridges, coils, and e-liquids, whether or not they contain nicotine where state law regulates them. Conditions: the product is lawfully marketed under federal law; the product appears on, or is not excluded by, any state directory or registry that applies where it is sold; the product complies with state and local flavor bans; listings and product pages display required nicotine warnings; the Merchant holds every required license; and the Merchant complies with PACT Act registration, reporting, age-verification, and delivery requirements wherever they apply.
4.3 Hemp-Derived Cannabinoid Products (CBD, Delta, THCA, and Similar)
Hemp-Derived Cannabinoid Products are permitted where lawful, subject to all of the following conditions:
- Federal hemp definition. The product meets the federal definition of hemp in effect on the date of sale (see the timeline below).
- Certificate of analysis. The listing links to a current, batch-specific certificate of analysis from an ISO/IEC 17025-accredited laboratory showing the full cannabinoid profile (including Delta-9 THC, THCA, and total THC), contaminant testing where required by state law, and an amount of THC per serving and per container.
- State and local law. The product complies with the law of each location where it is sold, picked up, or delivered, including registration, licensing, testing, labeling, packaging, potency limits, age limits, and bans on specific product types (such as smokable hemp, intoxicating cannabinoids, or cannabinoid beverages).
- Labeling and packaging. Labels state cannabinoid content, serving size, batch number, and required warnings. Packaging is child-resistant where required and does not appeal to minors.
- No claims. No disease, drug, or health claims.
- Partner approval. The Merchant’s payment provider and delivery provider permit the product category.
Federal timeline. Under Section 781 of H.R. 5371 (2025), as its effective dates were modified by H.R. 6500 (2026):
- Through November 11, 2026: the current federal hemp definition applies (no more than 0.3% Delta-9 THC on a dry-weight basis), together with state law.
- Beginning November 12, 2026: products containing cannabinoids that the cannabis plant is not capable of naturally producing are no longer hemp under federal law and become Prohibited Products. Merchants must remove them by 11:59 p.m. local time on November 11, 2026.
- Beginning December 11, 2026: unless Congress changes the law, the federal definition applies a total THC standard (including THCA), excludes additional categories of synthesized or manufactured cannabinoids, and limits final hemp-derived cannabinoid products to 0.4 milligrams of total THC per container. Products that do not meet those limits, including most intoxicating Delta products and many full-spectrum CBD products, become Prohibited Products. Merchants must remove them by 11:59 p.m. local time on December 10, 2026.
Automatic enforcement. Smoke App will disable, on or before each date above, any Hemp-Derived Cannabinoid Product listing that lacks a certificate of analysis demonstrating compliance with the rules taking effect on that date, and may disable entire categories in any jurisdiction.
4.4 Kratom
Permitted only where state and local law allow its sale; only in unadulterated leaf, powder, or capsule form that complies with any applicable state kratom consumer protection law (including labeling, testing, and alkaloid limits); and never with vendor-added 7-OH, synthetic alkaloids, or disease claims.
4.5 Mushroom Products
Non-psychoactive functional mushroom products (such as lion’s mane or reishi) are permitted if they comply with FDA food and dietary supplement requirements and make no disease claims. Amanita muscaria products and other psychoactive non-controlled mushroom products are permitted only where state and local law allow, may not be marketed as psilocybin products or as containing controlled substances, and require Smoke App’s prior written approval of the category. Psilocybin products are prohibited under Section 3.
Drafting note: Consider prohibiting Amanita muscaria products outright. Several states and localities have acted against them, and they create high reputational and payment-partner risk.
4.6 Smoking Accessories
Pipes, water pipes, rolling papers, wraps, grinders, scales, and similar accessories are permitted if marketed for lawful use with tobacco or hemp products, not marketed with references to illegal drugs, and compliant with state paraphernalia and age laws (some states restrict sales of papers and accessories to adults 21 or older).
4.7 Lighters, Torches, and Butane
Permitted if disposable and novelty lighters meet federal child-resistance requirements, butane products comply with state age restrictions, and delivery complies with hazardous-materials rules and the delivery provider’s terms.
4.8 Pet Products Containing Cannabinoids
Permitted only where state law allows, subject to Section 4.3, with no health claims.
5. Listing Requirements for All Products
Listings must use accurate product names and categories; display prices and availability accurately; include all warnings required by law; disclose nicotine strength or cannabinoid content where applicable; link to certificates of analysis for Hemp-Derived Cannabinoid Products; avoid youth-appealing imagery or language; and avoid health, safety, or “FDA approved” claims unless the claim is lawful and substantiated.
6. Geographic Restrictions
Merchants must configure delivery areas, pickup availability, and product availability so that products are offered only where lawful. Smoke App may maintain jurisdiction rules that automatically hide or block products, but Merchants remain responsible for configuring and confirming them.
7. Enforcement
Smoke App may, without prior notice and without liability: remove or hide listings; block brands, SKUs, categories, or jurisdictions; cancel or hold orders; require additional documentation; suspend Regulated Product sales or delivery; and suspend or terminate Merchant accounts. Repeated or intentional violations may lead to immediate termination and reporting to authorities.
Review requests. A Merchant that believes a listing was removed in error may request review by emailing compliance@smoke.app with the listing, the reason it believes the product complies, and supporting documents such as licenses, FDA authorization information, or certificates of analysis. Smoke App will respond within [5] business days. Listings stay disabled during review.
8. Changes
Smoke App may update this Policy at any time. Changes required by law, a court or government order, or a partner requirement may take effect immediately. Other material changes take effect [14] days after notice to Merchants.
9. Reporting a Concern
To report a listing that may violate this Policy or the law, contact compliance@smoke.app.