Posted on

pot seeds usa law

A guide to buying cannabis seeds

The first couple months of the year is a great time to start planning your cannabis garden to get a head start on the outdoor growing season, which roughly runs from March to November, depending on where you live.

Navigating the cannabis seed market can be challenging when states have different degrees of legality. This guide will answer your questions on buying seeds so you can be on your way to growing your own cannabis.

Is it legal to buy marijuana 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.

Seed banks exist outside of the US and can sell them for “souvenir purposes,” but it is illegal to bring seeds into the US and Customs will seize any cannabis seeds they find in packages or on a person.

Where can I buy cannabis seeds?

Many world-renowned seed banks are overseas in the Netherlands, the UK, Spain, and other countries where cannabis laws are less restricted. Seed banks provide seeds from a variety of different breeders.

In states with adult-use legalization or a medical marijuana program, you can buy seeds within your own state, either at a dispensary or through a specific seed company’s website.

How to buy cannabis seeds online

Before you purchase seeds online, you’ll need to figure out what strain you want to grow and what breeder you want to buy from.

Because US federal law still prohibits cannabis, it can be hard to find information on seed banks and breeders. Breeders who have a long history and positive reputation are usually a good place to start. To get an idea of what well-established breeders look like, check out:

Europe

  • Sensi Seeds
  • DNA Genetics
  • Dinafem
  • Green House Seeds

US

  • Southern Humboldt Seed Collective
  • Exotic Genetix

You can also do some research and find an online grow journal that details the whole growing process of a specific strain from a particular breeder. Through these, you’ll be able to look over another grower’s specific notes and see pictures of the final results.

If you grow some seeds and like the results, try growing another strain from that same breeder and see how it goes.

How to buy cannabis seeds at a dispensary

Although this option is only available to people living in states with medical and adult-use legalization, buying marijuana seeds at the dispensary is far more straightforward. However, your options are more limited.

Dispensary staff should be able to give you information on the seeds they’re selling, but keep in mind that a lot of dispensaries focus on selling flower and end-products. It’s a good idea to call ahead and talk to staff to see if they are knowledgeable about seeds and can give you specific information on growing.

How to look for quality genetics when buying marijuana seeds

Breeders talk about “unstable genetics,” meaning that a seed’s origin is unknown. Make sure that when you buy a packet of seeds that it or the breeder who produced them can list where the seeds came from and how they were crossed and/or backcrossed to get the seed that you hold in your hand. If you can’t get a seed’s history, it could be anything and the result of poor breeding practices.

An inexperienced breeder might cross a male and a female one time and sell the resulting seeds as a new hybrid strain, but professional breeders usually put their strains through several rounds of backcrossing to stabilize the genetics and ensure consistent plants that reflect those genetics.

Which strain should I grow?

Even one weed plant can produce a lot of buds come harvest time, so make sure you grow a strain you like. Note strains you enjoy when you pick something up at the dispensary or smoke with friends, and look for seeds of it when you want to start growing.

Some strains are easier to grow than others because they are more resistant to mold and pests, so if you’re new to growing, you may want to try an easier strain to start.

Some strains also take longer to grow than others. Depending on whether you’re growing indoors or outdoors, you may want to grow a quicker marijuana strain if you live in a climate that get cold and wet early in the season. For example, indicas are known for having a shorter flowering time than sativas.

All of this information should be available to you when buying quality seeds.

What’s the difference between regular, feminized, and autoflower seeds?

Regular 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 seeds

Seeds can come feminized, meaning you can just put them in soil and start growing for buds. These seeds are guaranteed to be bud-producing females and growing them cuts out the step of having to sex out plants and discard the males.

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.

Autoflower seeds

Autoflower plants change from the vegetative to flowering state with age, not the changing of their light cycle. They have a short grow-to-harvest time and can be ready to harvest in as little as 2 ½ to 3 months from when you put the seeds in the ground. The downside is that, typically, they are less potent, but autoflower seeds are great for people who want to grow cannabis but don’t want to spend a lot of time doing it.

How much do marijuana seeds cost?

Cannabis seeds usually come in a pack of 10 or 12 seeds and start at around $40 a pack and go up from there. Some high-end genetics can run between $200 to $500 a pack.

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.

How many seeds should I buy? Are they all going to survive?

When you grow any amount of seeds, a percentage of them won’t germinate, even if you get them from a reputable breeder. Always count on a few not germinating or dying off, or roughly 1/4 of the total you put in the ground.

When growing regular seeds, some won’t germinate and some will have to be discarded because they’ll turn out to be males. With feminized seeds, some won’t germinate, but a higher percentage of them will turn into flowering plants because there won’t be any males.

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.

Make sure to always stay within your state’s legal limit of growing plants.

How do I buy strain-specific cannabis seeds?

Strains like Blue Dream, Gelato, and Original Glue have gained in popularity in recent years. Check out these resources on how to buy these types of cannabis seeds:

Pat Goggins contributed to this article.

Navigating the cannabis seed market can be tricky from a legal perspective. Get the answer to your top questions about buying cannabis seeds today.

How to Legally Purchase Cannabis Seeds in the United States

By Kellie Pantekoek, Esq. | Reviewed by Bridget Molitor, JD | Last updated April 21, 2020

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.

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.

First and Foremost: Know Your State Laws

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.

Here are a couple of other factors to keep in mind about the legality of cannabis seeds:

  • State law treats growing marijuana for selling purposes differently from growing marijuana for personal use. Your state may allow you to grow a limited number of cannabis plants for personal use without a license. For example, Colorado residents over age 21 can grow up to six plants, with as many as three plants flowering at one time.
  • Cannabis seeds can often be purchased legally for uses other than growing marijuana such as fishing bait, bird food, and preservation. The government recognizes that cannabis seeds have other uses beyond just growing more marijuana.

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.

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.

It is also an option to buy cannabis seeds online from an online seed bank and then have the seeds shipped to you, so long as you are abiding by state law. The risk here is that your package could still be confiscated. While it is unlikely that you would face criminal charges, there is no guarantee because of the way federal law treats marijuana products.

Can I Buy Cannabis Seeds in Other States or Countries?

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.

In the United States, cannabis seeds cannot cross state lines because marijuana products are still illegal under federal law. Though rare, transporting the products across state lines could result in federal criminal charges. This is true even if you are purchasing cannabis seeds in a state that authorizes it and entering a state that also authorizes it.

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.

How Much Do Cannabis Seeds Cost?

How much you will pay for cannabis seeds depends on the strain of marijuana you buy. Typically, a pack of 10 or 12 seeds starts at around $40. You can expect to pay up to $500 for high-end strains. Again, it is important to only buy cannabis seeds from a legal and reputable seed bank or dispensary — and only if you know you are abiding by state law.

Legal Help for Cannabusiness Entrepreneurs

Cannabis law is an ever-evolving tangle of state and federal regulations that often contradict one another. Additionally, the cannabis industry is very new, and still illegal under federal law. For these reasons, it’s important to seek the advice of a business attorney well-versed in cannabis law so that your venture starts out on the right track and you avoid legal problems.

Many cannabis business owners wonder how to legally purchase cannabis seeds in the U.S. and beyond. Find your answers here at FindLaw.