The regulatory landscape for shipping cannabis and hemp vapes equipped with lithium batteries in the US is set to change significantly in 2025 and beyond. New rulemaking from PHMSA, updated FAA guidance, and evolving major carrier policies are converging to create both opportunities and hurdles for cannabis businesses handling vape devices—whether THC, CBD, or non-nicotine.
This comprehensive overview covers the new PHMSA lithium battery cannabis vapes rules, air cargo restrictions, packaging mandates, and the practical realities posed by transportation companies like UPS, FedEx, and USPS. Learn what to expect for B2B restocking, warranty returns, and compliance in the face of changing federal and carrier requirements.
Regulatory Background: Lithium Battery Hazards in Cannabis Vape Supply Chains
Lithium-ion batteries (classified as UN3481 or UN3091 when packed in/with equipment) are critical to the operation of vape devices, but they present well-documented fire risks during shipment. As THC/CBD and hemp vape hardware distribution scales nationwide, shipping compliance has become a top compliance concern for:
- Dispensaries
- Vape cartridge manufacturers
- Wholesalers and distributors
- Direct-to-consumer platforms (where legal)
Regulators and carriers have instituted granular rules that create a compliance minefield. Most notably, regulations—and enforcement—differ for:
- Nicotine vapes vs cannabis/hemp devices
- Air vs ground transport
- Damaged vs new batteries
2025: A Turning Point for Lithium Battery Shipping Rules
In mid-2025, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking targeting the shipping of lithium batteries under the Materials of Trade (MOTs) exception (source). The aim is to ease certain ground-transport burdens on domestic companies—including cannabis businesses—that need to move small quantities of battery-equipped devices while enhancing package safety standards.
Key Proposed Changes:
- Relaxed MOTs Limits: Increases the allowable quantity of lithium batteries that can be shipped under the MOTs exception for certain trades, including service returns and B2B resupplies.
- Enhanced Packaging Requirements: Newly defined rules focus on short-circuit prevention, robust outer packaging, drop-test resistance, and explicit prohibition on transporting known defective or damaged batteries.
- Mandatory Battery Markings: Even under exceptions, packages may need the lithium battery Class 9 label and applicable UN number if weight per package exceeds 30 kg (ICC Compliance Center).
- Clarified Training: Extends the requirement for hazmat employee training, with new scenario-based modules covering both cannabis and non-nicotine devices.
Takeaway: Many small-batch B2B cannabis vape shipments may qualify for reduced paperwork under MOTs—but only with upgraded package safety processes and proper markings.
FAA Guidance & Air Cargo: Lithium Battery Restrictions for 2025–2026
The Federal Aviation Administration (FAA) has redoubled its warnings on the risks of lithium battery fires aboard passenger and cargo aircraft, noting record-high numbers of smoking or overheating incidents in 2025 (AeroTime Aero).
Recent FAA Safety Alerts (SAFOs):
- Require operators to update crew and hazmat training for battery response (more than 50 aircraft battery fire incidents YTD 2025)
- Mandate airlines and shipping partners to communicate battery risks on manifests, packaging, and passenger materials
- Emphasize the need for batteries to remain accessible during flight and restrict bulk shipments (especially loose lithium cells)
49 CFR & IATA DGR: Air Shipping Essentials for Cannabis Vapes
Air shipment of THC/CBD and hemp vapes falls under:
- US 49 CFR 173.185 for domestic legal air movements
- IATA Dangerous Goods Regulations (DGR) for international air shipments
Both sets of regulations require:
- Battery limits: Generally ≤100 Wh or less; total battery weight and number of cells per package strictly controlled
- Installation: Batteries must be installed in equipment (UN3481/UN3091); shipping loose vape batteries is typically prohibited
- Declaration: Shipments often require a Dangerous Goods Declaration and Class 9 lithium battery label
Air cargo rules are highly restrictive: Many US air carriers (UPS, FedEx) refuse vape/B2B shipments with lithium batteries unless pre-approved and often ban any cannabis-related devices, regardless of THC or CBD content. USPS bans nearly all vape shipments containing THC or CBD (see CannabisRegulations.ai PACT Act update).
Major Carrier Policies in 2025: UPS, FedEx, and USPS vs Lithium-Equipped Vapes
1. UPS (How to Ship Batteries)
- Ground: Accepts lithium batteries when installed in equipment (UN3091/UN3481). Requires upgraded outer and inner packaging, explicit UN and Class 9 labeling if above threshold limits
- Air: Strictly limits or bans battery-in-device shipments for air, particularly for cannabis/hemp vapes, regardless of nicotine/THC content
- Pre-Approval: Fully regulated battery shipments require pre-authorization; some exceptions for equipment under MOTs, but not for DTC cannabis vapes
2. FedEx
- Ground Service: Similar to UPS policies for battery-in-equipment shipments; marking and documentation required for packages over the small-battery threshold; DTC shipments of cannabis/hemp vapes are typically not permitted
- Air Service: Major restrictions apply; battery-related vape shipments are subject to carrier denial, especially if not explicitly legal/approved
3. USPS
- Public Position: Bans shipment of any vaporizer or vape device containing THC/CBD (almost all cannabis vapes), including for business-to-business (B2B) or warranty returns, following the PACT Act changes
- Exception: Nicotine-free hemp-derived vapes (<0.3% THC) may sometimes be eligible for shipment if all local, state, and federal cannabis/hemp and battery requirements are met, but this is rare and subject to special exemptions (Federal Register)
Summary: Even where federal rules permit MOTs/lithium battery shipment, most carriers will not move THC/CBD vape devices, and those that do enforce strict documentation, packaging, and weight limits.
Packaging and Design: Compliance for Lithium Battery-Equipped Vapes
Whether shipping domestically or internationally, all compliant THC/CBD vape shipments must address the following packaging standards:
Short-Circuit and Fire Protection
- Batteries must be protected from accidental activation and short-circuit (e.g., by tape, battery compartments, robust inner packaging)
- Packages must pass a 1.2-meter drop test and resist crushing/puncture hazards
Watt-Hour and Battery Count Limits
- Only batteries ≤100 Wh per cell/package in most B2B shipments (not applicable to bulk DTC)
- Maximum number of batteries per device/package may apply
Damaged/Defective Battery Prohibition
- No shipment of damaged, suspect, or recalled batteries—strictly prohibited under any exception
Labeling and Documentation
- All packages must bear the correct UN number (UN3481/UN3091) and, in many cases, a Class 9 lithium battery hazard label
- For air or ground shipments exceeding small-battery thresholds, retain signed Dangerous Goods paperwork
Hazmat Employee Training for Cannabis Vape Supply Chains
As per PHMSA’s proposed rule, cannabis businesses must ensure:
- Hazmat training for all staff handling battery-in-device shipments
- Scenario-based modules that address unique risks of shipping cannabis/hemp vapes vs nicotine devices
- Periodic retraining as required by 49 CFR and carrier-specific updates (PHMSA Lithium Battery Guide)
Key Point: Businesses must distinguish between devices intended for nicotine e-liquids (covered by tobacco/vape laws) and those for THC/CBD/hemp when completing shipper documentation, as some carrier systems require explicit product classification.
Practical Tips for Cannabis Businesses Shipping Vapes in 2025–2026
- Audit your entire return/replenishment supply chain: Ensure only eligible, fully functional battery-in-device vapes are sent, and maintain records of all packaging, marking, and declarations
- Stay current on PHMSA and carrier-specific updates: Proposed PHMSA rules may ease ground shipping for compliant small batches, but only if you match upgraded packaging, labeling, and training requirements
- Segment your device SKUs: Maintain clear records and labeling to differentiate between cannabis/hemp and nicotine-based devices for regulatory and logistical purposes
- Consult internal compliance and trusted supply chain advisors: Complexities for each carrier and channel are significant; consider regular compliance checks
Conclusion: The Road Ahead for PHMSA Lithium Battery Cannabis Vapes Compliance
The interplay of PHMSA regulatory reform, FAA safety guidance, and heightened carrier restrictions makes lithium battery vape hardware one of the most tightly regulated and scrutinized elements in the US cannabis supply chain as of 2025–2026. While select relaxation under the Materials of Trade exception may benefit licensed B2B interstate commerce on ground shipments, significant barriers remain for air and direct-to-consumer logistics—especially as battery fire incidents persist.
Stay vigilant, updated, and proactive. For ongoing interpretation of rulemaking, packaging design, and SOP documentation, visit CannabisRegulations.ai or connect with our compliance resource specialists to protect your business and meet every regulatory update head-on.
