No! Currently, the sell of Illegal drugs, drug paraphernalia, and drug-like substances are not allowed on EBay. The sale of prohibited drugs and drug paraphernalia violates state, federal, and international laws, so it’s forbidden on eBay.
On EBay, the items that are not allowed to be listed include narcotics, steroids and other controlled substances (including any substance listed in Schedules 2 & 3 of the Commonwealth Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990).
Also items that claim to provide a “legal high”, pipes, or any item marketed for use with marijuana or illegal drugs are not allowed. Even though tobacco pipes and other smoking accessories not intended for drug use, are allowed, vaporizers intended to be used with alcohol, marijuana, or illegal substances are not allowed.
Note that every activity that doesn’t follow eBay policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid paid in relation to listings or accounts on which EBay takes any action will not be refunded or otherwise credited to your account.
The massive online shopping site eBay also says that CBD products will continue to be banned globally on its platform, even as other companies like the payment processor Square are working to make it simpler to market hemp – derived goods.
Note that a quick search of eBay does turn up several listings for CBD products, including oils, gummies and lotions. But as far as the company is concerned, those sellers are violating a policy that has been a source of frustration for CBD consumers for years.
Note that EBay Community forums discussing the platform’s CBD ban go back to at least 2015, with many challenging eBay’s rationale. Meanwhile, it is the case that while Congress and President Trump acted to legalize hemp and its derivatives late last year, FDA does maintain regulatory authority over CBD and has said it’s currently unlawful to market the cannabis-derived compound as a food item or dietary supplement.
However, it sure doesn’t appear that eBay competitor Amazon has commented on their policy on selling CBD products, but again, a search of the site reveals thousands of hits for a wide range of hemp-based items. Generally, e-cigarettes may not be sold on eBay.
However, they do allow certain pre-approved sellers to list e-cigarettes, Electronic Nicotine Delivery Systems (ENDS), and e-liquids on the US eBay website (eBay.com) as long as they follow federal, state, local, and other applicable laws and regulations. The policies that may be applicable to those approved sellers and buyers who transact with them include:
Requirements to Bypass EBay Rules and Become an Approved Seller of Vapes
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Approved e-cigarette sellers
According to eBay, Pre-approved sellers must comply with the following requirements:
- Listings must be in the following category: Health & Beauty > Electronic Cigarettes
- Listings must include a link to their tobacco and smoking accessories policy page: https://www.ebay.com/help/policies/prohibited – restricted – items/tobacco – policy?id=4273
- Use a shipping service that will verify, upon delivery, that the buyer or recipient is at least 21 years old
- Include the following disclaimer within the listing description:“I will not sell e – cigarettes and related products to persons that are under 21 years old”
- Include the FDA required health warning statements on the packaging and within the listing description
- Offer delivery and sales within the US only
- Comply with all federal, state, and local laws regarding the sale and delivery of these products
Note that to purchase e-cigarettes, ENDS, or e-liquids from pre-approved sellers, buyers are expected to meet the following requirements:
- Be at least 21 years old
- If the recipient is not the buyer, the buyer must make sure that the recipient is at least 21 years old
- Make sure that the transaction complies with all applicable laws
Requirements for e-cigarette transactions on eBay
You have to ensure that you meet all the following terms and conditions when buying or selling e-cigarettes, ENDS, or e-liquids on eBay. Note that these terms and conditions may change over time and it is your responsibility to visit EBay pages to see if and how it may have changed, so that you can remain compliant.
4. Limitation of liability
Note that both buyer and seller will acknowledge and agree that eBay shall not be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on the eBay site.
5. Representations and warranties
Each seller represents and warrants that the seller has the right, power, and authority to sell the product. Also the recipient (and buyer if different from the recipient) has proven he or she is 21 years of age or older prior to deliver. The transaction must comply with all relevant federal, state, and local laws and regulations. Each buyer represents and warrants that the buyer is at least 21 years old, the recipient of the e – cigarette is at least 21 years old and the transaction will comply with all relevant federal, state, and local laws and regulations
The seller is primarily responsible for compliance with all laws associated with the sale of e-cigarettes, ENDS, or e-liquids. The seller indemnifies eBay of all responsibility and liability associated with this sale. It is however the seller’s sole discretion as to whether to complete the transaction based on the seller’s ability to ensure that the transaction is in compliance with all laws associated with the sale of e-cigarettes, ENDS, or e-liquids.
Have it in mind that the recipient has to be in possession of photo identification confirming they are 21 years of age or older. The buyer, if different from recipient, is expected to also show proof of age. The sale of prohibited drugs and drug paraphernalia violates state, federal, and international laws, so it’s forbidden on eBay. Because the sale of controlled substances is illegal, eBay doesn’t allow sellers to list these products.