Hemp Seeds, Not Controlled Substances
Contrary to popular belief, cannabis seeds are entirely legal to buy, sell, and possess within the United States. They fall squarely under the definition of hemp and are not classified as controlled substances.
Why are cannabis seeds legal?
- Lack of THC: Cannabis seeds inherently lack the necessary elements to contain any THCA, the precursor to THC.
- 2018 Farm Bill: This landmark legislation explicitly removed hemp from the Controlled Substances Act (CSA). Since cannabis seeds are classified as hemp, they are no longer controlled substances.
- DEA Confirmation: In a January 2022 letter, the DEA reaffirmed that cannabis seeds with a ∆9-THC concentration below 0.3% (the legal limit for hemp) are not controlled substances.
- Interstate Commerce: The interstate transfer of hemp, which includes cannabis seeds for the reasons discussed above, is authorized by 7 USC § 1621 subsection 10114(b), which states in relevant part: “No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products through the State or the territory of the Indian Tribe, as applicable.”
Based on the 2018 Farm Bill, the CSA, the DEA’s clearly stated position, and interstate commerce regulations, cannabis seeds that do not contain ∆9-THC concentrations in excess of 0.3% are classified as hemp and are not controlled substances under federal law and may be possessed, sold, purchased, distributed and transported within the United States.
State Laws and Hemp
While federal law clearly permits the buying, selling, transporting, and possession of cannabis seeds, it's essential to be aware of individual state laws. Some states may have additional regulations regarding the consumer cultivation or use of hemp products.
In conclusion, cannabis seeds are legal to handle and trade within the United States. However, as with any legal matter, it's always advisable to consult with legal counsel for specific guidance related to individual circumstances.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice.
References:
- Farm Bill: https://www.congress.gov/115/bills/hr2/BILLS-115hr2enr.pdf
- CSA: S. Code § 801 et seq.
- DEA Letter Jan 6, 2022: https://s3.documentcloud.org/documents/21580238/21-7692-shane-pennington-cannabis-seeds-tissue-genetic-material-11-18-21-signed-1.pdf
