To be clear: we aren't talking about selling CBD on Shopify Payments, nor on Shopify at all. That's all handled externally.
A brand that sells CBD products is looking to also sell branded merchandise in a separate stand-alone store.
So the question is:
If a brand manufactures a product which would be against Shopify's Acceptable Use Policy ...
Then does merchandise advertising said brand also violate the Acceptable Use Policy?
Even if the Shopify store is being run by a 3rd party entity, and the brand is merely licensing their logo to that 3rd party entity to print t-shirts with it?
The AUP is pretty clear that you can't sell "products and services with varying legal status on a state-by-state basis", but it doesn't say you can't sell merchandise bearing a brand of a company who sells CBD outside of Shopify. So where does that boundary begin?
Would hate to have to use Magento or WooCommerce for this one.
I'm about 99% certain that this is allowed.
If you're selling T-Shirts/Hoodies/etc., then you can pretty much put any graphics you want on them, as far as I'm aware. For example, you can sell t-shirts with a pot-leaf on them, and that's not (or shouldn't be) against the TOS, since you're not selling pot ... you're selling t-shirts.
As long as it's a stand-alone store with the merch you're selling, and it's clear that the store is ONLY selling merch, then you should be good to go.
Worst case scenario, you could still use Shopify to build the store/website, but then use a different payment gateway (such as Authorize.net) to handle the payments.
Hope this helps! :)
Thanks for insight Stephen! I was basically thinking the same thing. What has me worried is that the AUP is very broad. It says "The following categories of businesses and business practices". One of those categories is "Marijuana dispensaries and related businesses". So one could interpret that as "we don't want to work with you if you are in one of these categories, even if the products you sell on our platform would otherwise be acceptable".
Unfortunately, using an external payment gateway is a non-starter for this client due to the 2% fee Shopify still charges. We are already trying to make the case for Shopify to a client who is fond of WooCommerce. This seems to be the last point of friction.
I don't see anything wrong with this. There is nothing bad with CBD and that is a primary product of that brand. I don't want to bother someone with my opinion. I just want to share my experience with CBD oils and explain why i don't see anything bad in this. My leg hurted for a couple of years and i didn't know what to do with that because i didn't want to take pills and my doctor prescribed me to make massage with CBD oils and it helped me. I also don't suffer from insomnia anymore thanks to massage with CBD oils. I went to Massachusetts Dispensaries and Marijuana Stores and met there really great people who explained me how to make massage and which oils i needed to buy.