CANNABIS EXCLUSION ENDORSEMENTS

(July 2026)

INTRODUCTION

Cannabis has traditionally been classified as Not Covered Property in the Businessowners Coverage form because, as a Schedule I drug under the Controlled Substances Act of 1970, it is considered contraband or property involved in illegal transportation or trade. However, recent Federal rule changes are creating some ambiguity. To clarify the intentions for both insured parties and insurers, ISO has introduced five new optional endorsements.

BP 15 30–Cannabis Property Exclusion

This endorsement could be considered to maintain the status quo and clarify the intended position of the insurance industry.

A.      Property Not Covered

Add cannabis to the list of Property Not Covered.

Example: Carrie sells a variety of lotions and similar products. All are legal, but some contain CBD oil. Her CBD-infused products are valued at $15,000, and her “all-other” products at $50,000. Carrie should purchase coverage only for the $50,000 because the $15,000 is property not covered by the policy.

B.      Business Income and Extra Expense Operations Not Covered

This eliminates business income or extra expense coverage for that part of the named insured’s operations that is attributed to any of the following cannabis-related operations which are suspended:

·         Design

·         Cultivation

·         Manufacture

·         Storage

·         Processing

·         Packaging

·         Handling

·         Testing

·         Distribution

·         Sale

·         Serving

·         Furnishing

·         Possession

·         Disposal

This item B. would apply even if the loss was due to damage to only non-cannabis property.

Example: Carrie will not receive payment for any income loss or additional expenses caused by the CBD-infused product. This does not affect pricing or limits because income loss is covered under a 12-month actual loss sustained basis. She estimates her income and extra expenses as follows:

Loss of income/extra expense attributed to CBD - $5,000.

Loss of income/extra expense attributed to all other products - $25,000.

C.     Cannabis Definition

If a good or product contains ANY amount of Tetrahydrocannabinol (THC) or another cannabinoid, it is classified as cannabis. This rule applies regardless of whether the cannabinoids are natural or synthetic.

Examples of items that could contain THC or a cannabinoid are:

·         All and any part of the Genus Cannabis L. Seeds, stems, flowers, stalks, and roots are all examples of parts.

·         Whether or not derived from the above, compounds, byproducts, extracts, derivatives, or mixtures containing THC or cannabinoids, such as the following:

o   Oil

o   Wax

o   Resin

o   Hash

o   Hemp

o   Infused liquid

o   Edible cannabis

Example: When a fire occurs, all of Carrie’s property is destroyed, and she is unable to resume operations for 60 days. Carrie will be paid $75,000 for the non-CBD property and for loss of income from the non-CBD property, while the $20,000 property and loss of income due to CBD property damage are not covered.

BP 15 31–Cannabis Property Exclusion with Hemp Exception

This endorsement is identical to BP 15 30, except for the addition of paragraphs under Items A and B, which remove certain types of cannabis products from the exclusion.

  1. Property Not Covered – Hemp Exception

Paragraph 2. states that the following hemp-derived or hemp-contained products are not subject to the Cannabis Not Covered item.

·         Seeds

·         Food

·         Paper

·         Clothing

·         Lotions, oils, or extracts

·         Building materials

A limitation exists: if any of the exempted products are illegal or prohibited by state or local laws where the product is located, they are not considered exempt.

Example: Carrie is located in a state that allows CBD sales. She requested that BP 15 31 be attached.

Scenario 1: The prior case, when she had a total loss, would be covered because the CBD would be considered covered property.

Scenario 2: Carrie decides to exhibit her product in a nearby state. She takes all of her products. When she has a car accident while traveling through one state to reach that nearby state, the damage to the CBD property is not covered because the state where the accident occurred does not permit CBD products.

  1.  Business Income and Extra Expense Operations Not Covered – Hemp Exception

Paragraph 2. states that the following hemp-derived or hemp-contained products are not subject to the Business Income and Extra Expense Operations suspension of cannabis operations not being covered.

·         Seeds

·         Food

·         Paper

·         Clothing

·         Building materials

·         Lotions, oils, or extracts

A limitation exists: if any of the exempted products are illegal or forbidden by state or local laws where the product or good is situated, then suspending operations for those products or goods is not exempt.

BP 15 32–Cannabis Liability Exclusion

The BP 00 03 does not explicitly exclude cannabis-related operations. However, carriers often avoid coverage by refusing to insure these activities. If a loss occurs and it is found that a cannabis-related operation was involved, coverage will be denied under the policy's Concealment, Misrepresentation, or Fraud clause, which voids the policy due to deceit or concealment.

However, because cannabis use is spreading, ISO has developed an exclusion specific to it.

Adding this endorsement might serve as a clarification of the current situation. Nonetheless, since it removes some ambiguity about cannabis coverage, including this exclusion should be seen as decreasing coverage. Ambiguities in coverage tend to cause uncertainties, usually favoring policyholders and disadvantaging the insurer.

This endorsement applies to both BP 00 03–Businessowners Coverage Form and BP 05 96– Electronic Data Liability – Broad Coverage Endorsement.

  1. Section II - Liability

Insurance in this policy does not apply to:

1.      Bodily injury, property damage or personal and advertising injury that arises from the following:

a.      Cannabis

·         Design

·         Cultivation

·         Manufacture

·         Storage

·         Processing

·         Packaging

·         Handling

·         Testing

·         Distribution

·         Sale

·         Serving

·         Furnishing

·         Possession

·         Disposal

b.      Cannabis

·         Inhaling

·         Ingesting

·         Absorbing

·         Consuming

·         Contact

·         Exposure

·         Existence

·         Presence

that is threatened, alleged, actual, or merely suspected

Example: Carrie sells CBC products to her customers. A customer has a negative reaction to the drug and sues Carrie. Because BP 15 32 is attached, Carrie will not be defended or indemnified against the claim.

2. Property damage TO cannabis

Example: Carrie is a vendor at a cannabis/hemp exhibition. She sets up her candles a bit too close to the neighboring vendor’s product and is shocked when that vendor’s cannabis-based product begins smoldering. When the vendor sues Carrie, coverage is denied because the vendor’s product is cannabis as defined in the endorsement.

This exclusion, similar to those for liquor and auto claims, also covers claims related to alleged neglect in supervising, hiring, employing, training, or monitoring another person by an insured, when the claim arises from any of these activities.

An especially important exception applies that bodily injury or property damage due to an individual doing any of the items in 1.b above does not apply when that individual is either an insured or is someone that an insured is responsible for under law. This exception does not apply, however, if the named insured sold, served, or furnished the cannabis to the excepted person.

Example: Marjory owns Marjory’s Joys. One day she consumed a little too much of a cannabis-infused brownie. While in her drugged state, she tripped and fell against Patricia, a customer. Patricia sued for the injuries she sustained in the fall.

Scenario 1: The brownie was an edible sold at Marjory’s store. All coverage that would have been provided by the CP 00 03 is excluded because Marjory had consumed a brownie sold in her store.

Scenario 2: The brownie was homemade and a friend shared it with her that morning. Marjory was quite surprised by its impact. Patricia’s claim will be defended because Marjory is an insured AND the brownie was not a product of her store.

  1. The following exception to Exclusion A. applies to personal injury and advertising injury when the offense is due to either of the following:

1.      Imprisonment, false arrest, or detention

2.      Violations of the right of a tenant’s private occupancy. This includes wrongful eviction from, wrongful entry into, or invasion of a space or a premises a person occupies. The act must be committed by the owner, landlord or lessor, or by parties that act on their behalf.

Example: Russ is terribly upset when he smells marijuana smoke coming from one of the apartment units he leased out because he had a strict non-smoking policy. He entered the apartment to confirm his suspicion and then proceeded with the eviction. When the tenant filed a claim for wrongful entry and wrongful eviction, Russ’s carrier defended him even though the BP 15 32 was attached.

  1. Electronic Data Liability

NOTE: This applies only if CP 05 96–Electronic Data Liability – Broad Coverage Endorsement is attached to the policy.

Insurance in this endorsement does not apply to:

1.      Loss of electronic data that arises from the following:

a.      Cannabis

·         Design

·         Cultivation

·         Manufacture

·         Storage

·         Processing

·         Packaging

·         Handling

·         Testing

·         Distribution

·         Sale

·         Serving

·         Furnishing

·         Possession

·         Disposal

b.      Cannabis

·         Inhaling

·         Ingesting

·         Absorbing

·         Consuming

·         Contact

·         Exposure

·         Existence

·         Presence

that is threatened, alleged, actual, or merely suspected

Similar to the method used in liquor and auto exclusions, this exclusion also applies to claims alleging any neglect by an insured in the supervising, hiring, employing, training, or monitoring of another individual when the claim is due to any of the above.

A key exception is that bodily injury or property damage caused by an individual performing the actions in 1.b does not apply if that individual is either an insured or someone the insured is legally responsible for. However, this exception does not apply if the named insured sold, served, or furnished the cannabis to the person in question.

  1. Cannabis Definition

If a good or product contains ANY amount of Tetrahydrocannabinol (THC) or another type of cannabinoid, it is considered cannabis. This applies whether the amount is natural or synthetic.

Examples of items that could contain the THC or cannabinoid are:

·         All and any part of the Genus Cannabis L. Seeds, stems, flowers, stalks, and roots are all examples of parts.

·         Whether or not derived from the above, compounds, byproducts, extracts, derivatives, mixtures containing THC or cannabinoids such as the following examples:

o   Oil

o   Wax

o   Hash

o   Resin

o   Hemp

o   Infused liquid

o   Edible cannabis

BP 15 33–Cannabis Liability Exclusion with Hemp Exception

This endorsement is the same as BP 15 32, with two additions to Paragraph B: an Electronic Liability exception in Paragraph D. and the relettering of the Cannabis Definition from D. to E.

Change in Paragraph B.

In BP 15 32, personal and advertising injury from specific activities are exceptions to Paragraph A. This exception stays the same, except it is now listed as item 3.

Item 1 is added, stating that bodily injury, property damage, or personal and advertising injury due to the following hemp-derived or hemp-contained products are not subject to the Paragraph A exclusion.

·         Seeds

·         Food

·         Paper

·         Clothing

·         Building materials

·         Lotions, oils, or extracts

Item 2. is added stating that property damage TO cannabis described in Item 1 above is not subject to Paragraph A.

Paragraph B has a limitation. If any of the above-exempted products are illegal or prohibited, that product or good is not exempted. The determination of whether the product is illegal or prohibited is based on the laws, regulations, and ordinances of the state where any of the following apply:

·         The injury or damage occurs

·         The occurrence takes place

·         The personal and advertising offense was committed

Example: Carrie is in a state that allows the sale of all items listed in paragraph B. She sells some items to Jeremy. Jeremy then takes the product to his home state, where it is illegal. Upon using the product, Jeremy has a severe negative reaction, and an investigation links the issue to Carrie’s negligent manufacturing. The incident technically occurred in a state where sale was legal, but since the bodily injury occurred in a state where the product was illegal, Carrie is not covered when Jeremy sues her for damages.

Addition of Paragraph D

In BP 15 32, personal and advertising injury caused by specific activities is an exception to Paragraph A. This exception stays the same except it is now listed as item 3.

Item 1. now states that loss of electronic data caused by the specified hemp-derived or hemp-contained products is not covered under the Paragraph A exclusion.

·         Seeds

·         Food

·         Paper

·         Clothing

·         Building materials

·         Lotions, oils, or extracts

Item 2. is added stating that loss of electronic data due to the:

·         Design

·         Manufacture

·         Distribution

·         Sale

·         Serving

·         Furnishing

·         Use

·         Possession

of any of the products described in item 1. above is also excepted.

Paragraph D has a limitation: if any of the listed exempted products are illegal or prohibited, they are not considered exempt. Whether a product is deemed illegal or prohibited depends on the laws, regulations, and ordinances of the state where the electronic data loss occurs.

BP 15 34–Cannabis Liability Exclusion with Hemp Exception and Lessors Risk Exceptions

This endorsement is identical to BP 15 33 except for one item added to the Paragraph B.

Item 3. now states that bodily injury, property damage, or personal and advertising injury resulting from the insured owning, maintaining, or using a leased premises is not excluded under Exclusion A. This is especially significant for insured owners of property, as there are no limits to this exception. Owners with multiple properties may not be aware of all activities—legal or illegal—occurring on their premises. Due to the absence of restrictions in this exception, landlords gain considerably more protection compared to the unendorsed BP.

Example: Jerry owns properties in various states. Some states legalize cannabis, others only permit hemp, and in some, all cannabis-related products are prohibited. A tenant involved in manufacturing cannabis products causes a fire at the premises. This results in multiple bodily injury and property damage claims against the tenant. The tenant’s insurer denies coverage, citing misrepresentation of operations. Jerry faces a negligence lawsuit as the landlord for leasing to the tenant. Due to this exception, Jerry should have coverage for defense costs and indemnity.