DEA says it's legal to ship cannabis seeds across the U.S.

Cannabis growers—whether commercial or recreational—can now obtain their seeds throughout the country, without fear of violating federal law.

Previously, because cannabis was illegal at the federal level, cannabis seeds (or clones) were restricted to the state in which they were produced, so that a strain grown legally in one state could not be transported beyond that state’s borders.

Of course, the varieties grown in California can very easily make their way into the neighboring state of Oregon, but this is technically illegal under federal law.

A recent legal clarification of the Drug Enforcement Administration (DEA) could mean that the seeds of the cannabis varieties Seeds that are legal in one part of the country could be shipped legally to another part of the country, since the DEA considers all forms of cannabis seeds to be legal hemp under federal law.

Marijuana Moment reporter Kyle Jaeger recently revealed a letter from DEA officials clarifying the definition of cannabis seeds, clones, and tissue cultures.

A change dating back to 2018

In 2018, the U.S. Congress passed a the agricultural law that legalized hemp in the United States. The law defines «hemp» as any Cannabis plant containing less than 0.3 % of THC. This allows hemp to be cultivated and used for industrial purposes—to create textiles and materials—as well as for food and for «minor» cannabinoids such as CBD, delta-8, and others.

Last November, Shane Pennington, an attorney at Vicente Sederberg LLP in New York, wrote to DEA officials to request clarification on the definition of a cannabis seed, a clone, and a tissue culture.

Cannabis seeds have always been considered illegal because they come from plants with high THC content. The THC content of the seeds exceeds 0.3 %, and therefore, anything derived from these plants—such as the seeds—has also been considered illegal cannabis.

Shane Pennington argued that it is not the source of the material that determines its legality, but the material itself—which means that because a cannabis seed contains less than 0.3 % of THC, it should be classified as hemp. If the seeds are hemp, they are not a controlled substance and are therefore legal at the federal level.

«When it comes to determining whether a particular cannabis-related substance is federally legal »hemp« or Schedule I »marijuana,» it is the substance itself that matters, not its source," Mr. Pennington wrote in a blog post, which the DEA has confirmed.

What are the implications?

For now, the DEA’s acknowledgment that cannabis seeds, clones, and tissue cultures are not controlled substances does not have the force of law, but it is a major step forward in the’easing of cannabis restrictions.

Beyond the issue of seeds, this discovery could open up a whole range of possibilities for cannabis growers and could bring a variety of strains to legal markets across the country—and even beyond—broadening the gene pool and leading to to new trends and tastes when it comes to weed.

This could also pave the way for more detailed research on the plant. For decades, research on cannabis was limited to the University of Mississippi, who grew cannabis with a low THC content (about 8 %). However, most dispensaries sell cannabis with a THC content of about 20 %.

The ability to ship genetic products nationwide would allow for more in-depth research on this plant, using strains that reflect what adults actually buy and consume in stores.