Here are a couple of other factors to keep in mind about the legality of cannabis seeds:
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.
It’s Best to Shop Local, but Buying Online Is an Option
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.
You shouldn’t have any trouble buying cannabis seeds in another state or country if it’s legal there. It’s bringing the seeds back to your home state that can get you into trouble.
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.
For that reason, you may want to seek the advice of an attorney well-versed in cannabis law to make sure you are protected when buying seeds.
Other online marijuana seed sellers in the U.S. may use incorrect labels when shipping, with terms like “luxury bird food” or “fishing bait additives.” Stores also may sell seeds as “collector items” or “additives.”
Even though the United States is one of the world’s most progressive countries in terms of cannabis legalization, the herb remains federally illegal. For this reason, it might be best to get your seeds from a friend or buy directly from a licensed shop. However, in these cases, you’ll have limited options that may not be suited to how and what type of cannabis you want to grow.
What to buy
If that’s the case, and you’re ready to start planting, where can you find seeds?
There are three distinct types of cannabis seeds.
How much you will pay for seeds depends on the strain you buy. Typically, a pack of 10-12 seeds can be as low as $40 but expect to pay up to $500 for high-end strains.
Cannabis seeds are not illegal in the European Union, and technically it’s not illegal to purchase seeds from another country. The Single Convention on Narcotic Drugs, a 1962 framework for marijuana legalization, is an international treaty signed by 180 countries stating that marijuana is classified as an illegal substance, but it says nothing about seeds.
Marijuana seeds are considered a cannabis product just like flower, edibles, and concentrates. Their legality depends on which state you live in. People living in states with adult-use legalization can buy, produce, and sell seeds within their own state, but seeds can’t cross state lines. People living in states with medical marijuana legalization can only buy seeds if they have a medical card.
If you want six total cannabis plants to harvest for buds and are growing from regular seeds, start with about 4 times as many, or 24 seeds. Some won’t germinate and some will turn out to be males, and then you’ll want to discard down to the six best phenotypes. If growing feminized seeds, you can probably start with about twice as many seeds in this case (about 12); a couple won’t germinate, and then discard down to the six best phenotypes.
Where can I buy cannabis seeds?
If you buy a packet of regular seeds, they’ll come with a mix of males and females. A lot of cultivators prefer to grow these because they haven’t been backcrossed—essentially inbred—as much as feminized or autoflower seeds. You’ll need to sex out the seeds once their reproductive organs show during the flowering phase and discard the males—because they don’t produce buds and will pollenate females, resulting in seeded flowers.
Feminized and autoflower seeds will cost more because more breeding work was put in to creating them and they take less time for the grower to get buds.
It also reduces the risk of having a stray male sneak into your crop—just one male can pollinate a huge crop, causing your females to focus their energies on producing seeds instead of buds.