By Kellie Pantekoek, Esq. | Reviewed by Bridget Molitor, JD | Last updated April 21, 2020
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.
Here are a couple of other factors to keep in mind about the legality of cannabis seeds:
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.
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.
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.
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.
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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.
Many cannabis business owners wonder how to legally purchase cannabis seeds in the U.S. and beyond. Find your answers here at FindLaw.
Germany presents a complicated stance on cannabis seeds. Seeds do not fall under the German Narcotics Act, which therefore makes them legal to buy. However, Germany has prohibited the sale of cannabis seeds countrywide, being the only European nation to have done so.
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.
The act of buying, selling, or trading cannabis seeds is legal in the UK, whether you are receiving them domestically or from other European countries. The biggest legal issue surrounds the germination of cannabis seeds. This is illegal, and anyone found doing so will be subject to prosecution. It is important that the seeds are purchased from reputable vendors and that no discussion is had about germination. This could be construed as buying “with intent”, which would make the activity illegal.
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.
This blog post is for informational purposes only. The contents of this post should not be interpreted as legal advice.
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.
To make matters even more confusing, in 1962, the Single Convention on Narcotic Drugs formed the framework for legislation worldwide. 180 member states signed the international treaty, which deems cannabis an illegal substance. Cannabis seeds, however, are not. In seed form, they do not possess any narcotic components. International law does take precedence over national law, meaning cannabis seeds are technically legal in all of the member states.
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.
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.
The world differs widely regarding cannabis legalization. However, the sale of cannabis seeds is largely legal through a series of loopholes.