All Cannabis Seeds are now Legal to Sell Under Hemp
Since hemp was federally legalized in 2018, new industries have emerged to accommodate the growing interest in CBD and minor cannabinoids. However, cannabis seeds produced by marijuana plants weren’t believed to fall under the protected hemp status for years after the Farm Bill. That is until April of 2022, thanks to the work of an independent journalist and an under-the-radar statement by the DEA.
In this article, we will discuss the significance of the DEA’s response to the classification of cannabis seeds derived from marijuana plants. In addition, we will provide how the new information impacts the industry going forward.
DEA Acknowledges Cannabis Seeds Don’t Contain THC
On April 4, 2022, Shane Pennington released an article titled The Source Rule is Dead on his Substack. The piece argues that the source of the cannabis seed shouldn’t have any determining factors regarding its status as hemp or marijuana under the 2018 Farm Bill. Pennington states, “When it comes to determining whether a particular cannabis-related substance is federally legal “hemp” or schedule I “marihuana,” it is the substance itself that matters—not its source.”
We agree that according to the wording in the Farm Bill, cannabis seeds, regardless of their origin, meet the requirements for hemp. While the DEA handled seeds derived from marijuana as controlled substances years following the legislation, Pennington’s article brought forward a reassuring revelation from the DEA.
According to Marijuana Movement (Pennington paywalled the source of the statement), Terrence L. Boos, chief of DEA’s Drug & Chemical Evaluation Section, wrote in a letter that “marihuana seed that has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis meets the definition of ‘hemp’ and thus is not controlled under the CSA.”
Cannabinoids and Cannabis Seeds
The wording in the 2018 Farm Bill has caused multiple instances of confusion regarding the sale, manufacturing, and consumption of cannabinoids. However, cannabis seeds don’t contain detectable levels of THC, CBD, or any other minor cannabinoid, making the classification as a controlled substance contradictory to federal law.
Thankfully, the revelation has cleared up this confusion, and hopefully, the USDA will be more diligent in the future when writing cannabis policy.
How the Decision Affects the Industry
Cannabis seeds being classified as a schedule 1 controlled substance is a significant concern for companies selling hemp seeds and genetically modifying strains to produce CBD-rich cannabis varieties. Companies have been limited to the types of seeds they can sell and grow for fear of violating the CSA. Moving forward, it will be far easier for hemp seed banks to appeal to more customers and safely work with marijuana genetics to develop new hemp phenotypes.
F.A.Q
Are cannabis seeds legal to sell and buy in the USA?
Which states allow you to purchase cannabis seeds?
Is it illegal to buy cannabis seeds in Florida?
Where to buy cannabis seeds legally?
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