Are Weed Seeds Illegal In Missouri

Exploring the cannabis seed paradox: cultivators must break the law in order to obtain seeds to grow legal cannabis. Can this issue be fixed? Transporting medical marijuana seeds into Missouri is illegal, but the first licensed growers have to start somewhere. The unofficial 'Immaculate Conception' policy turns a blind eye on how marijuana will be grown for the first year. Missouri Laws and Penalties Legislation was approved in 2014 to rewrite Missouri’s criminal code so that the possession of ten grams or less of cannabis is punishable by a fine only though the

The Cannabis Seed Paradox: Breaking The Law To Grow

You’ve seen our physicians at Green Health Docs . You have your certification. You’ve registered with the state and gotten proper authorization to grow medical cannabis at home. But then comes the cannabis seed paradox!

Find out what the cannabis seed paradox is below. And how cultivators get around it. (Hint: they break the law)

The Cannabis Seed Paradox

Once you have your home cultivation authorization, it’s time to start growing medical cannabis . But there’s one small hitch. Where the hell does one get seeds?

Well, here’s the rub. Seeds are illegal. That is, it is illegal under federal law to move cannabis across state lines. This includes full grown plants, clones, seedlings or even seeds themselves. Yup, you read that right. Home cultivators will need to do something illegal in order to grow legal medical cannabis.

Some clinics and cultivation businesses may offer seeds for free, a quick and easy way for patients to bypass this hurdle. But literally thousands of Missouri medical marijuana patients will be stuck searching for places to buy seeds. And regardless of legality, many patients will try to buy or order seeds online in order to get a specific strain that caters to their medical needs.

Selling Seeds is Illegal, Online or in Missouri

Even retailers are walking a thin line when it comes to selling cannabis seeds in Missouri. Proper state authorization is required in order to sell cannabis products, like dry flower, edibles or oils . Products can only be sold to state medical marijuana patients. Seeds will likely not be sold in medical marijuana dispensaries, though that’s a possibility at some point.

Anyone selling seeds outside the medical marijuana arena is likely doing so without legal authorization. This puts their business at risk for penalty or punishment if caught.

Seeds sold online are typically sold in states or countries where cannabis is legal. However, shipping seeds in the mail is a federal crime. If you’ve ever been burned by purchasing seeds online, chances are your seeds were simply confiscated by authorities before making their way to your door.

Seeds online are also a crap-shoot. You may get that award-winning strain, or you may get some messed up hybrid that gives you the jitters. And worse, you won’t know until harvest. Buying online isn’t the best way to get seeds, but sometimes it’s the only option from some cultivators.

Bypassing the Law?

Even large scale cultivators will face the cannabis seed paradox. In order to begin their grows, they must either bring in seeds or clones from another state or country. As cannabis is still illegal under federal law, crossing the border or state lines constitutes of federal felony. Getting caught could result in severe legal punishment, possibly even jail time.

And yet, cultivators grow cannabis in every state with an active marijuana program. That means the law was broken with no real consequence. Seeds, after all, are fairly innocuous and difficult to detect. A pack of seeds could fit into a wallet, or even a small envelope with no trouble whatsoever. Seeds give off little to no smell, and are largely indistinguishable from hemp seeds. It is a crime to move seeds across state lines, but it’s an undetectable crime that doesn’t harm anyone. This is likely why it goes unpunished.

Clones, on the other hand, are far easier to detect. Cannabis has a smell beginning around the first few leaves. The smell is surprisingly dank by this stage. Moving clones across state lines is a much riskier endeavor. Many cultivators will risk it, however, as it greatly speeds up the time to harvest. This means that patients get medical cannabis in their dispensaries much faster.

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Legalizing Cannabis Seeds

Even if the federal government decides not to reschedule cannabis, removing it from the list of the most restricted drugs in the country, something must be done about the cannabis seed paradox. This issue affects every single state with a medical marijuana or recreational marijuana program.

Ohio faced this issue when their program launched in 2016. Maryland also faced this paradox a year earlier with their program. And this same paradox struck Michigan, Pennsylvania and Illinois. The list goes on…

Legalizing cannabis seeds and clones for authorized businesses and medical marijuana patients makes sense. It allows the federal government to properly track each sale of cannabis seeds and clones. This gives them a better sense of what is moving where, and when. This could also lead to better tracking of black market cannabis.

And let’s be real. Legalizing cannabis seeds and clones allows safe passage for those seeds and clones, and the employees entrusted with the task of moving them. There are a lot of noble botanists trying their best to bring good quality cannabis to medical marijuana patients. But those heroes are putting a lot on the line when moving seeds across state lines or borders. Legalization would protect them and allow these employees to do their job more efficiently.

Legal Seeds for Patients

Patients with proper home cultivation authorization should also be allowed to purchase and transport seeds or clones across state lines from authorized retailers. Full stop.

Seed and clone tracking, if necessary, could be done through the same database established for tracking medical marijuana purchased in the state at dispensaries. The state could even regulate high potency strains, if such a thing were cause for alarm.

Regardless, a medical marijuana patient deserves the freedom to legally grow their cannabis, and one of those stages is buying the actual plant itself. If a patient is allowed to grow cannabis, they should be allowed to buy cannabis seeds. The whole process should be legal, from seed to medication.

Getting Your Certification

In order to grow cannabis at home, a qualifying patient must first get a certificate to use medical cannabis. You can do so by seeing one of our licensed medical marijuana physicians at Green Health Docs in Missouri . They can help you get certified, and our support team can walk you through the home cultivation application process. To get started, simply call 1-877-242-0362 today! Patients can obtain a card either in-person at our Missouri clinics, or through online.

‘Immaculate Conception’ needed to kickstart medical marijuana industry in Missouri

Transporting medical marijuana seeds into Missouri is illegal, but the first licensed growers have to start somewhere. The unofficial ‘Immaculate Conception’ policy turns a blind eye on how marijuana will be grown for the first year.

KANSAS CITY, Mo. — The thing about miracles is that no one questions how they happen. That’s the stance the medical marijuana industry and the state of Missouri are taking when it comes to how people are getting the seeds to start growing operations after voters passed Amendment 2 last November.

It’s illegal to transport marijuana seeds into the state and within the state under current law, but growers have to get the seeds for a potentially massive new industry from somewhere.

“It’s Immaculate Conception is what the industry-deemed word is,” Gerry Donovan, who owns Emerald Garden in Kansas City, Missouri, said.

For people like Donovan, who wants to grow and sell medical marijuana in the next few months, the process should be well underway.

“I don’t think anybody’s going to talk about how Jesus was made and, so, with that, after people have their license, then genetics that are within the state are going to be legal,” Donovan said.

Dispensaries will start popping up as the spring of 2020 approaches, so the product has to be ready. How it gets ready remains a legal gray area.

“The way the law is set up in Missouri, after December 31, 2020, you have to buy all your seeds from a licensed dispensary, but it’s totally silent as to how you get your seeds before that time,” Jon Dedon, an attorney who specializes in regulated industries, said.

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Medical marijuana is highly regulated and Dedon said the state law makes sense overall, but certain areas remain a little sticky because of existing federal law.

“I guess theoretically, yes, they are setting them (growers) up to break the law, but then, on the other hand, my understanding is the authorities are sort of playing along with it and looking the other way,” Dedon said.

The state’s website does not and will not tell you how or where to get seeds.

“The department cannot advise anyone on where to obtain the means to grow marijuana,” the Missouri Department of Health and Senior Services said in a statement. “The state does not have a supply. State law does not trump federal policy. Licensed facilities are permitted to transport product in Missouri.”

Buying them from another state where marijuana is legal might still put someone at risk from a legal perspective.

“Most of the clients that are coming to us are sophisticated enough that they know how to get the seeds in,” Dedon said.

Currently, people can have patient cards and grow medical marijuana, but it remains illegal to sell it for now.

Donovan suggested people might be getting their seeds from those people, but he will not comment on where he’ll find his supply.

Missouri is the 33rd state to legalize medical marijuana, so many other states have dealt with a similar issue.

“I suspect, and I’m not speaking for the government, but I suspect the federal government wants this to work,” Dedon said. “They don’t want to cause a big conflict between federal enforcement prerogatives and state medical marijuana programs.”

The state has yet to issue licenses for growing and selling medical marijuana. More than 2,200 businesses applied for a license, but only a small fraction will be accepted.

Copyright 2019 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Missouri Laws and Penalties

Legislation was approved in 2014 to rewrite Missouri’s criminal code so that the possession of ten grams or less of cannabis is punishable by a fine only though the offense remains classified as a criminal misdemeanor. These changes took effect on January 1, 2017. The possession of greater quantities of cannabis remains punishable by jail time.

  • See Chapter 579, RSMo Web Search
  • See Section 558.002, RSMo Web Search
  • See Section 558.011, RSMo Web Search
Possession

Possession of up to ten grams for first-time offenders is Class D misdemeanor, punishable by a maximum fine of $500, but no jail time.

Possession of over 10 grams but less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000. Second-time marijuana possession offenses are also classified as a Class A misdemeanor offense, even if the quantity possessed is under 10 grams.

Possession of 35 grams- 30 kilograms* is a Class D felony which is punishable by up to 7 years imprisonment and a maximum fine of $10,000.

*Depending on facts, possession of more than 35g, but less than 30kg, has often, historically, been charged as intent to distribute. Same as Distribution penalties below.

Sale, Distribution

The sale or manufacture of 35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.

Distribution 35 grams or less to a minor is a Class C felony punishable by a sentence of 3 – 10 years and a fine of $10,000.

The sale or manufacture of 35 grams-30 kilograms is a Class C felony which is punishable by a sentence of 3 – 10 years imprisonment and a fine of $10,000.

Distribution 35 grams-30 kilograms or less to a minor is a Class B felony punishable by a sentence of 5 – 15 years and a fine of 2x profit.

Distribution near school, recreational park or public housing is a Class A felony punishable by a sentence of 10 – 30 years, or life imprisonment and a fine of 2x profit.

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Trafficking

Possess or bring into state 30 – 100 kilograms is a Class C felony punishable by a sentence of 3 to 10 years and a fine of $10,000.

Possess or bring into state 100kg or more or 500 plants or more is a Class B felony which is punishable by a sentence of 5 – 15 years imprisonment and a fine of 2x profit.

Distribute, manufacture 30 – less than 100 kg is a Class B felony which is punishable by a sentence of 5 – 15 years imprisonment and a fine of 2x profit.

Distribute, manufacture 100 kg or more is a Class A felony which is punishable by a sentence of 10 – 30 years, or life imprisonment and a fine of 2x profit.

Cultivation

35 grams or less is a Class E felony which is punishable by up to 4 years imprisonment and a maximum fine of $10,000.

35 grams or more is a Class C felony which is punishable by a sentence of 3 – 10 years imprisonment and a fine of $10,000.

Any amount near school Class B Felony punishable by a sentence of 5 to 15 years and a fine of 2 x profit.

Hash & Concentrates

The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.

  • Section 195.010(24) of the Missouri Criminal Code Web Search
  • State v. Randall, 540 S.W.2d 156, 159 Web Search
  • State v. Evans, 637 S.W.2d 62 (Mo App. 1982) Web Search

(Mo.App.1976) (“Although ‘hashish’ is not specifically listed in the schedules, it is clearly included within the statutory definition of marihuana.”)

Paraphernalia

The possession of paraphernalia is a misdemeanor which is punishable by a fine of $500 for a first offense. A second offense is punishable a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Unlawful manufacture of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

For commercial purposes, manufacture of paraphernalia is a felony is punishable by a maximum sentence of 4 years imprisonment and a maximum fine of $10,000.

Miscellaneous

Possession or use of marijuana results in a driver’s license suspension if the offender is under the age of 21 at the time the offense was committed.

More Information
DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.