Shipping weed seeds across the US may be legal, DEA says

Cali Bud might end up on the east coast easier than you think.

Commercial and residential cannabis growers can now source their seeds from across the country and not have to worry about breaking federal laws. Previously, due to federal illegality, cannabis seeds were restricted to the state in which they were produced, so a strain bred and grown in one state could not legally go beyond that state’s borders.

A recent legal clarification by the Federal Drug Enforcement Administration (DEA) could mean that the seeds of cannabis strains popular in one part of the country could be legally shipped to another part of the country, as the DEA controls all forms of cannabis seeds considered as such federal hemp.

That means strains popular in mature markets like Washington, Oregon, and California could find their way into legal East Coast markets in Massachusetts and Maine, and soon-to-be markets like New Jersey and New York.

Marijuana Moment reporter Kyle Jaeger recently unearthed a letter from DEA officials clarifying the definition of cannabis seeds, clones, and tissue culture, which could open up a whole range of possibilities for cannabis breeders and proliferate a variety of strains across all legal markets across the country, opening up the gene pool and leading to new trends and flavors in weed.

Related

Where to Buy Weed Seeds Online in the US?

Are Weed Seeds Illegal?

At the moment, cannabis strains are somewhat isolated in the regions where they are bred and manufactured, as they cannot be transported across state borders. For example, although recreational cannabis is legal at the state level in both California and Oregon, moving a plant from one of those states to the other is illegal at the federal level. This forces cannabis breeders and growers to operate within the confines of a particular state.

That’s not to say that a strain bred in California can’t end up in Oregon—it happens all the time, but it’s technically illegal under federal law.

Many cannabis breeders and seed banks sell seeds across the US, but they operate in a legal gray area. Typically, seed companies say their seeds are being sold for “novelty” or “souvenir” purposes, giving them a loophole to circumvent the law.

If cannabis seeds are found in the mail, they could be confiscated and the sender or recipient arrested. But the fact of the matter is that seeds are very difficult to spot. Cannabis seeds are typically less than ¼ inch in diameter and do not smell like weed. A packet of 10 seeds is about the size of four stacked quarters.

But all of that could have changed in 2018 without anyone knowing.

Related

Cannabis Seeds 101: How To Grow Marijuana From Seeds

Definition of “source” vs. “material”

In 2018, Congress passed a farm bill that legalized hemp in the United States. She defined “hemp” as any cannabis plant with less than 0.3% THC. This allows hemp to be grown and used for industrial purposes – to manufacture textiles and materials. The 2018 law also opened hemp production to the production of cannabinoids other than delta-9-THC, such as CBD, delta-8 and others.

Because CBD and Delta-8 products are typically extracted from hemp plants, meaning cannabis plants that contain less than 0.3% THC, they can be found in states that don’t have legal recreational cannabis.

In November, Shane Pennington, attorney at Vicente Sederberg LLP in New York, wrote to DEA officials asking for clarification on the definition of cannabis seeds, clones and tissue culture.

Cannabis seeds have always been considered illegal because they come from plants high in THC. The source of the seeds is over 0.3% THC and therefore anything derived from these plants, such as seeds, has also been considered illegal cannabis.

Pennington argued that the source of the material does not determine legality, but the material itself – meaning a cannabis seed itself contains less than 0.3% THC and should therefore be classified as hemp. When seeds are hemp, they’re not a controlled substance — and therefore legal federally.

“When it comes to determining whether a particular cannabis-related substance is federally legal ‘hemp’ or ‘marijuana,’ what matters is the substance itself — not its source,” Pennington wrote in a blog post.

Exotic Genetix Mike, founder of cannabis producer Exotic Genetix, said the DEA’s decision “is what we have always practiced. [Seeds contain] less than 0.3% THC – they are not a controlled substance.”

Mike welcomed the news: “It’s been settled. Not only is what we do legal, but the money we make from it is legal and not an illegal business.”

Related

Buying guide for cannabis seeds and grow equipment

What impact is this having on the cannabis industry?

If the DEA and the federal government allow seeds to cross state lines, adults could grow and consume seeds and strains from across the country in their own state. Certain strains would no longer be restricted to a specific region but could be enjoyed across the country.

“It’s going to innovate, if people can surface it, it can be regulated,” Pennington said in an interview with Leafly.

Regulation can bring more investment, bigger industry and more acceptance of the facility.

Breaking down transportation barriers between states would also open up the cannabis gene pool, giving breeders a greater variety of strains to work with. The number and variety of new varieties would likely increase, opening up new consumer trends and tastes.

More strains also means that certain strains could be specifically identified and bred for certain effects, whether medicinal or recreational.

But perhaps the biggest impact, according to Pennington, is that “this is clearly sending a signal to state legislatures, state regulators, and groups advocating for these people… federal law is more flexible than you realized.”

States look to the DEA for guidance when creating their own drug laws. If the agency relaxes its stance on shipping cannabis genetics, it could result in states following suit and breaking protectionist state laws.

This could also allow for more detailed study of the plant, according to Pennington. For decades, cannabis research was limited to the University of Mississippi, which grew weed with a low potency of around 8% THC. However, most pharmacies sell cannabis with a THC percentage of around 20%. Being able to ship genetics across the country would allow for more robust research into the plant, using strains that reflect what adults actually buy and consume in stores.

Related

DEA is finally ending the Fed’s monopoly on sloppy, research-grade cannabis

How binding is the DEA letter?

The DEA is calling the writing an “official decision,” but whether or not they’re legally bound by that position is a bit hazy.

“It certainly seems to me to be something that the agency would either be bound by, or at least very reluctant to deviate from in any enforcement context,” Pennington said.

For now, the DEA’s acknowledgment that cannabis seeds, clones and tissue cultures are not controlled substances is not law, but it is a major step forward in easing restrictions on cannabis.

Pat Goggins

Pat Goggins is a contributing editor at Leafly and has specialized in cannabis cultivation after working for a commercial grower in Oregon for two years. When you’re not correcting typos, chances are you’ll find him on a boat or in the mountains.

Check out Pat Goggins’ articles

By submitting this form, you are subscribing to Leafly news and promotional emails and agreeing to Leafly’s Terms of Service and Privacy Policy. You can unsubscribe from Leafly email communications at any time.