Cannabis seeds can be legally bought and sold, says the DEA

The Drug Enforcement Administration (DEA) has officially stated that cannabis seeds are primarily uncontrolled and legal, although it is still illegal under federal law. The legality still stands regardless of how much THC would ultimately be produced in buds if those seeds were grown. The DEA recently reviewed the federal statute and its implementing regulations in response to a request from Shane Pennington, an attorney specializing in cannabinoid regulatory matters, regarding the legality of cannabis tissue cultures, seeds and “other genetic material” containing a maximum of 0.3% THC .

The department confirmed that marijuana seeds were once tightly controlled, but that’s no longer the case due to federal hemp laws, as discussed by Shane Pennington in an episode of his On Drugs newsletter. The US Drug Enforcement Administration (DEA) has recognized that marijuana seeds are not controlled substances under the Controlled Substances Act (CSA), regardless of how much THC the plant they grow into ultimately produces. Because the seed has a THC content of less than 0.3% dry weight and thus meets the definition of hemp.

The legislative decision could have far-reaching consequences for the future. Still, it will likely be limited to facilitating interstate transportation and increasing consumer sales of cannabis seeds. On the other hand, companies that sell seeds need to be careful about how they market their products to consumers in order not to violate other cannabis prohibition laws.

Shane Pennington contacted the DEA last November to inquire about the legality of cannabis seeds. Pennington told CBD-Intel that he received numerous calls as soon as the report was released. People are starting to use his letter in a variety of ways, and he’s confident that changes will soon be visible.

Pennington anticipates that cannabis companies will begin to rely on the DEA’s letter to bolster their legality in court and before state regulators. DEA’s announcement is likely to result in changes to the business, including those affecting tax implications and trademark rights on products that can now be legally marketed.

Pennington said he would see how various officers and judges reacted. He thinks we’ll see that in the coming month or so.

Aside from seeds, the new DEA letter clarifies that any other substance extracted or derived from the marijuana plant meets the criteria of “hemp” and is therefore not subject to the CSA.

Possible resistance at the state level

Currently, the transport sector is the most affected sector. The benefits of breaking down transport barriers include expanding the cannabis gene pool, leading to new and improved flavors and trends. It would also be beneficial if the effects of different strains on medical patients are studied.

According to the DEA decision, marijuana seeds should be allowed in and out of the United States, including across state lines. Assuming the DEA agrees to classify seeds, extracts, and genetic material with less than 0.3% THC as hemp, which would be the logical choice. In that case, there should be no import/export restrictions on cannabis seeds, Pennington added. The problem is you never know unless you see it in action.”

Meanwhile, the official view at the state level is that there should be no federal interference in the shipment of products such as seeds, extracts, and cellular components that meet the THC criteria for hemp exemption. However, states can still ban products that are not monitored by the CSA and are therefore permitted under federal law. This implies that the terms will still be able to ban the transfer of illegal cannabis products across their borders.

However, according to Pennington, states often tend to structure their drug policies based on DEA rulings, which will almost certainly lead to state-level reforms. That decision could soon have some impact on state laws.

Manage marketing and sell weed at the same time

The statement clarifies business practice for companies that sell cannabis seeds. However, this new regulation could become entangled with other legal requirements. According to Rod Kight, a cannabis industry lawyer, even though the sale of cannabis seeds is legal, taking part in the production of a banned substance like cannabis is still illegal.

As a pro-marijuana advocate, Kight told CBD-Intel that he believes any advancement by law enforcement agencies that allows for broader interpretation of the legislation is usually favorable. The most significant change, he says, is that companies that sell cannabis seeds can now openly advertise that their products have high THC potential. He believes this is a trap.

The promotion of the potential of cannabis seeds, such as B. a specific genetic strain recognized for the production of plants high in THC would increase the demand for them. Still, law enforcement could also view it as a conspiracy to commit a crime. According to Kight, during his interview with CBD-Intel, you can sell marijuana seeds, but of course there isn’t much profit for pure sources. He added that when his customers approach him about marketing their products, they advise them against it as it could cause problems.

Kight believes the DEA’s letter on marijuana seeds should be viewed with skepticism, given the agency’s long history of opposing changes to relax cannabis laws. You might want to reconsider if the DEA says anything that seems beneficial to cannabis.

Conclusion

Because hemp and marijuana seeds generally contain nominal THC levels that would not exceed the legal threshold, the DEA essentially concedes on paper that people can have cannabis seeds. This rule still applies regardless of how much THC the resulting plant might produce, as long as the seeds contain less than 0.3 percent delta-9-THC.

Of course, it’s still federally illegal to use cannabis seeds to grow still-banned marijuana. For this reason, Kight’s warnings and call for the utmost caution regarding the new development should not be ignored. To be on the safe side, it’s best to watch how things unfold before running these cannabis seed advertisements.

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