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 governs if and how you can operate your cannabis growing business, and each state takes a slightly different approach. Your state may offer a large number of permits with few prerequisites, a small number of permits with an extensive application process, or something in between.
In addition to studying your state’s regulations, you should also join local cannabusiness groups and meet with aВ local cannabis business attorneyВ for assistance. There is no such thing as going into the marijuana business too prepared. Once you are ready to take the step of legally buying cannabis seeds, you have a few options to choose from.
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.
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.
Thank you for subscribing!
By Kellie Pantekoek, Esq. | Reviewed by Bridget Molitor, JD | Last updated April 21, 2020
Thinking about starting your own cannabusiness? You are not alone. From CBD to medical marijuana to edibles, legal cannabis has become one of the fastest-growing industries in the United States, with few signs of slowing down any time soon.
Here are a couple of other factors to keep in mind about the legality of cannabis seeds:
Many cannabis business owners wonder how to legally purchase cannabis seeds in the U.S. and beyond. Find your answers here at FindLaw.
Considered by many to be the motherland of cannabis in Europe, it’s no surprise that cannabis seeds and CBD are legal to purchase. However, what may come as a surprise is that cannabis is still illegal in the Netherlands. It is merely allowed under a “tolerance policy”. Growing cannabis is also a criminal act, although law enforcement tolerates a small number of plants grown for personal use.
If the legal landscape of cannabis wasn’t confusing enough, cannabis seeds operate in a separate space. Generally considered legal, it’s often the act of germination that attracts the attention of law enforcement. We break down major European countries and their stance on cannabis seed legality.
While this broad approach applies to Europe, when a product enters a specific country, it is then subject to that country’s laws. Therefore, it is possible to buy seeds prohibited in your own country, but legal in another.
The above are but a small sample of European countries. We would always recommend reviewing your own nation’s stance on the legality of cannabis seeds and cannabis to ensure you do not attract the attention of law enforcement. As the buyer or owner of said seeds, you are liable for any fines or penalties that may accompany such attention. Generally speaking, the purchase of cannabis seeds as a collector’s item or for purposes other than growing is seen as legal.
Spain is unique in that it operates as a series of decentralised regions, each one capable of making their own regulations in regards to cannabis. Generally, the same approach can be applied to Spain as a whole. While seed shops will need legal authorisation to sell cannabis seeds, their private use remains legal.
The legislation is rapidly changing, and with it is the cannabis landscape. However, as we have already alluded to, cannabis seeds in principle are not illegal across Europe. It is actually possible to buy seeds from other countries and have them shipped to your home address.
Cannabis seed legality is an obscure topic. With each country taking its own approach to cannabis legality, many buyers assume the seeds will be treated in the same vein. It is, however, the process of germination that attracts the eyes of the law when it comes to purchasing cannabis seeds. Therefore, in theory, it is perfectly legal to buy cannabis seeds as long as it cannot be proven that you intend to grow cannabis from them, either privately or commercially.
Where does that leave consumers interested in cannabis seeds? Germany is still subject to the principle of free movement of goods in the EU, so having cannabis seeds shipped to Germany is permitted. You will not be subject to criminal repercussions if you order cannabis seeds online. Cannabis is legal by exception for users who have been granted a prescription by a medical professional.
If you live in the USA, you are at the mercy of your own state’s specific legislation. Technically speaking, cannabis seeds are prohibited under federal law in every state. What complicates matters is that several states have now authorised marijuana for recreational use as well as medicinal use. If you do live in a state with legalized weed, rules surrounding the purchasing of seeds vary. As always, check the technicalities at a local level.
The world differs widely regarding cannabis legalization. However, the sale of cannabis seeds is largely legal through a series of loopholes.