Is Selling Weed Seeds Legal

A business usually should purchase seeds locally, since bringing seeds across state or international borders can lead to confiscation and criminal charges. What’s legal Cannabis is legal in California. You can buy cannabis if you are: 18 or older with a physician’s recommendation (medicinal use) 21 or older (adult use) Cities and

Buying Cannabis Seeds

While some cannabis businesses focus on selling pre-processed products, others involve growing plants from seeds. States often allow their citizens to grow a certain number of marijuana plants for personal use without getting a license. However, commercial cannabis cultivation generally requires getting a license from the state and sometimes local regulatory authorities. Depending on the location and the scale of the operation, this process may be straightforward or exhaustive, but it is critical to comply with all applicable rules to ensure that your business operates within the law.

Rules frequently change in the cannabis industry as it continues to evolve. Moreover, operating in an industry that remains illegal under federal law can create pitfalls of which business owners should be aware. If you have questions about entering the area of cannabis cultivation, you may want to consult an attorney who has advised similar businesses.

Some people purchase these seeds for purposes unrelated to the cultivation and sale of marijuana. Traditional legitimate uses of cannabis seeds include bird food and fish bait. A state may allow its citizens to purchase cannabis seeds for these purposes, even if it does not allow them to purchase seeds for marijuana cultivation.

Purchasing Cannabis Seeds in Your State

A cannabis cultivator should try to buy seeds in their state if they can. For example, they should be able to get seeds from a seed company or dispensary. The cost tends to vary dramatically depending on the quality of the seeds. While some ordinary strains may cost less than $100, higher-quality strains may cost several hundred dollars. A purchaser of cannabis seeds should make sure that they buy seeds from a fully licensed and authorized provider, even if this results in greater costs. Employees or managers of a seed company or dispensary may be able to advise a purchaser on any legal compliance issues.

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Purchasing Cannabis Seeds Outside Your State

If their state does not offer ideal options for purchasing cannabis seeds, a grower might consider purchasing them in another state that permits these transactions. However, the grower might face problems in bringing the seeds to their state. This is because the federal government still criminalizes marijuana. One of the federal marijuana crimes involves transporting the drug or substances related to it (such as seeds) across state lines, even if both the origin state and the destination state have legalized cannabis activities. Federal prosecutors do not often charge this crime in connection with marijuana businesses, but the risk remains.

Some cannabis cultivators even consider purchasing their seeds outside the US, such as in the Netherlands or another nation with a strong foothold in the international marijuana industry. When the seeds arrive in the US, though, immigration authorities likely will confiscate them because bringing marijuana-related substances into the US violates federal law. The law of the state where the flight arrived makes no difference to this outcome.

Some cannabis cultivators prefer to buy their seeds online through a seed bank. State law may permit online purchases and shipping, but again the cannabis seeds might be confiscated during transit. In rare situations, a cannabis cultivator might even face criminal charges under federal law. Enforcement in this area tends to be unpredictable and subject to frequent, radical policy changes.

What’s legal

Cannabis is legal in California. You can buy cannabis if you are:

  • 18 or older with a physician’s recommendation (medicinal use)
  • 21 or older (adult use)
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Cities and counties may have stricter laws about cannabis than the state. Go to your city or county website to learn about rules in your area.

There are different rules for medicinal users and adult users. Medicinal users:

  • Have higher possession limits
  • Can grow more plants at home if their physician recommends it
  • Buy more cannabis each day if their physician recommends it

The Department of Cannabis Control (DCC) has resources for medicinal patients and their caregivers.

Where you can use cannabis

You can use cannabis on private property, but not in public places like restaurants or bars.

  • Smoke cannabis where it’s illegal to smoke tobacco
  • Smoke cannabis within 1,000 feet of a school, day care center or youth center while kids are present

Property owners can ban the use of cannabis on privately-owned property. If you rent, read your rental agreement to see if there are any restrictions.

Most hotels do not allow guests to use cannabis in their hotel room. Ask the reception desk about the hotel’s policy to be sure. If you stay in a vacation rental, check with the property owner about the rules for your stay.

Cannabis is still illegal under federal law, which means you also cannot:

  • Use or possess cannabis on federal lands, like national parks
  • Take cannabis across state lines

Growing cannabis at home

You can grow up to 6 cannabis plants at home if you’re at least 21 years old. If you turn the cannabis into a product, you cannot use volatile solvents like butane or propane.

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Some cities and counties have specific rules for home grows, such as permit requirements or requiring grows to be indoors. Contact your local office to learn the rules in your area.

Driving with cannabis

Having an open container of cannabis while driving or riding in a vehicle is illegal. If you have cannabis in a vehicle, it must be in either:

  • A sealed package or container
  • In the trunk of the vehicle

Law enforcement officers can pull you over to conduct a sobriety test if they suspect you are operating a car, boat or other vehicle under the influence of cannabis.

How to buy cannabis

All cannabis retailers must have a license from DCC. Licensed retailers have strict rules that:

  • Prevent sales to minors
  • Ensure all products are tested
  • Ensure the amount of THC and CBD on the label is accurate

Some stores that look legitimate are not actually licensed. Stores without a license may sell untested products. Untested cannabis can have:

  • Mold
  • Harmful chemicals
  • Pesticides
  • Mycotoxins

How to find a licensed retailer

Use the DCC license search to find a licensed retailer near you. Once you find a retailer, you can:

  • Order online for in-store pickup
  • Order online for delivery
  • Visit a store

Retailers must display their state license in their window so customers can see it. You can scan the QR code on the license certificate to verify their status.