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is it illegal to possess marijuana seeds

By Kellie Pantekoek, Esq. | Reviewed by Bridget Molitor, JD | Last updated April 21, 2020

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If you live in a state that permits the sale of marijuana seeds, your best bet is to shop locally for high-quality seeds. This means visiting a dispensary, local farmers market, or seed company in your state to make your purchase. There, you can get the in-person help you need to make your purchase legally.

The same is true for buying cannabis seeds in another country. It may sound like a great idea to buy cannabis seeds while visiting one of the world-renowned marijuana seed banks that exist in places such as the Netherlands or the United Kingdom. But when you re-enter the U.S. with your goods, Customs and Border Protection will seize any seeds they find, even if your plane landed in a state where they are legal. Again, it goes back to marijuana being illegal under federal law.
How much you will pay for cannabis seeds depends on the strain of marijuana you buy. Typically, a pack of 10 or 12 seeds starts at around $40. You can expect to pay up to $500 for high-end strains. Again, it is important to only buy cannabis seeds from a legal and reputable seed bank or dispensary — and only if you know you are abiding by state law.
In the United States, cannabis seeds cannot cross state lines because marijuana products are still illegal under federal law. Though rare, transporting the products across state lines could result in federal criminal charges. This is true even if you are purchasing cannabis seeds in a state that authorizes it and entering a state that also authorizes it.
If your business will include cannabis growing or cultivation, then you are probably wondering how to get your hands on weed seeds. legally. Before taking that step, though, make sure your business has the necessary license to operate legally in your state.

  • State law treats growing marijuana for selling purposes differently from growing marijuana for personal use. Your state may allow you to grow a limited number of cannabis plants for personal use without a license. For example, Colorado residents over age 21 can grow up to six plants, with as many as three plants flowering at one time.
  • Cannabis seeds can often be purchased legally for uses other than growing marijuana such as fishing bait, bird food, and preservation. The government recognizes that cannabis seeds have other uses beyond just growing more marijuana.

It is also an option to buy cannabis seeds online from an online seed bank and then have the seeds shipped to you, so long as you are abiding by state law. The risk here is that your package could still be confiscated. While it is unlikely that you would face criminal charges, there is no guarantee because of the way federal law treats marijuana products.

Many cannabis business owners wonder how to legally purchase cannabis seeds in the U.S. and beyond. Find your answers here at FindLaw.

The reference to “overstepping the line” is understandable in light of section 6(1) MDA, which criminalises the cultivation of any plant of the genus cannabis. If D1 sells cannabis seeds to D2, D1 may, depending on the facts, be regarded as committing an inchoate criminal offence by inciting D2 to cultivate cannabis. In these circumstances, which inchoate offences could D1 be charged with?

The Court’s decision is based on a deliberate but nonetheless curious lacuna in UK law. Cannabis has been classified as an illegal drug in the UK since 1928 (and since 1971 it has been illegal for doctors to prescribe it for medical use). However, at no point have cannabis seeds been criminalised under UK law. Cannabis seeds are not a controlled drug for the purposes of the Misuse of Drugs Act 1971 (“MDA”). Consequently, selling cannabis seeds is not a supplying offence, nor is the export or import of cannabis seeds prohibited or restricted. The Court in Gypsy Nirvana cited with approval R v Jones [2010] 2 Cr App R 10, in which Leveson LJ observed that:
Although the common law offence of incitement was repealed in 2008, several statutory offences of incitement remain in force. These include section 19 MDA, which provides that:

In R v Marlow [1998] 1 Cr App R 273, the defendant appealed against his conviction for incitement to cultivate cannabis contrary to section 19 MDA. The defendant had sold approximately 500 copies of his book on cannabis cultivation. The prosecution argued that the book was a “grower’s guide”, such that the defendant’s intention in inciting others to cultivate cannabis was self-evident. The defence argued that the book simply gave advice and information which was freely available elsewhere, and that its sale was too remote from the actions of those reading it to constitute incitement. His conviction was upheld.
But in Gypsy Nirvana, unlike in Marlow or Jones, it seems that there was no evidence that the defendant had said or done anything which could be construed as positive encouragement or advice as to how the seeds should be cultivated. The evidence in the US extradition request proved only that the defendant had sold the seeds. Even the widely and elaborately drafted inchoate liability provisions of the SCA (which postdate Marlow and Jones) could not stretch wide enough to capture the conduct of which the defendant was accused. These provisions could not be used to close the deliberate lacuna in UK law that the mere selling of cannabis seeds is lawful, unlike the position under US law.
Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation to decriminalise cannabis at the federal level. In the UK, institutions as diverse as the Green Party and the Institute of Economic Affairs have added their voices to the chorus of people calling for cannabis to be legalised. Against this background, a recent extradition request from the US to the UK has exposed an intriguing discrepancy between the criminal laws of both countries concerning cannabis seeds.
In The Queen on the application of the United States of America v Gypsy Nirvana [2018] EWHC 706, the US sought the extradition from the UK of a defendant accused of trafficking, exporting and importing marijuana seeds (and related money laundering). The District Judge at first instance found, and the Divisional Court on appeal agreed, that this conduct did not constitute a criminal offence contrary to UK law. Thus the “double criminality” rule of extradition was not satisfied, i.e. had the defendant trafficked, exported or imported marijuana seeds in the UK, he could not have been prosecuted in the UK. The defendant was therefore discharged from the extradition proceedings.
“it is not illegal to offer for sale or supply the paraphernalia associated with smoking cannabis and nor is it illegal to offer for sale or supply the equipment necessary to grow the plant, books which explain how cannabis may be grown or, indeed, cannabis seeds. As a result, there are a number of shops and other outlets which offer these goods for sale but it is obviously very important that these premises do not overstep the line and incite the commission of an offence.”

To prove an offence of incitement it is not necessary to prove that anyone was in fact incited. The offence of incitement is committed when the inciting words or conduct take place. In Marlow, the book was capable of persuading someone to cultivate cannabis, and it was clearly published and sold for that purpose, regardless of whether anyone tried to implement its advice. Likewise, in Jones, the advice relayed to the undercover officer, together with the sale of the equipment, evidenced a desire to encourage the officer to cultivate cannabis.

The curious case of cannabis seeds and the criminal law Blog Corker Binning Blog Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation