The short answer: Yes, but no, but maybe, if the conditions are perfect.
First and foremost, I must state I am not a lawyer, nor is this to be taken as Legal Advice. This is simply my understanding of a given scenario using various pieces of legislation and interpretations.
If I'm not a lawyer, why listen to me? Well, I'm a farmer/grower/owner/operator/employee that reads most applicable laws and regulations himself. My name is Jared of Mellow Moose Farms and I'm the steward of TexanHemp.com. I've been part of the recreational marijuana industry in Oregon, as well as the hemp industries in both Oregon and Texas. In doing so with breeding as my focus, the acquisition of hemp seed, as well as "weed seeds" were part of our research and development. The business of getting said "weed seeds" was relatively easy, however the sales model and "intent" on which the seeds were legally allowed to be sold was questionable and very grey-area.
As with all good things taking time, the eventual passing of the 2018 Farm Bill led to the further defining of "hemp" and the first-half of the answer to the question: Can you get arrested for weed seeds?"
Can you get arrested for weed seeds?
The first half of the answer revolves around the question - Are "weed seeds" legally considered weed or hemp?
Weed, legally considered marihuana, or marijuana, is Cannabis sativa L, where any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, have a Delta-9-Tetrahydrocannabinol content above 0.3% by dry weight.
Hemp by legal definition is Cannabis sativa L, where any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, have a Delta-9-Tetrahydrocannabinol content at or below 0.3% by dry weight.
Seeds tested by Brothers Grimm and others have shown that cannabis seeds and genetics, whether originating from hemp or "weed", contain less than 0.3% Delta-9-Tetrahydrocannabinol by dry weight.
When posed with the same inquisition, Mr. Shane Pennington, Esq wrote an email to the DEA for further elaboration on the subject on November 18, 2021.
This means all cannabis seeds are legal for sale, although the cultivation of some chemotypes
may not be legal in your state or country.
What is a chemotype?
A chemotype can be considered the "chemical makeup" of a plant.
In cannabis, there are five defined chemotypes at the moment, although who knows what the future holds.
Type I (1): High THCA
Also known affectionally as weed, ganja, pot, green, nug, bud, marijuana, marihuana, etc
Type II (2): THCA:CBDA
This can be an equal mix or any variation between
Type III (3): High CBDA
Also known as hemp
This type also contains varietals for fiber, grain, tricrop and non-THC cannabinoid production
"This means all cannabis seeds are legal for sale, although the cultivation of some chemotypes may not be legal in your state or country." – Jared Sherman of Mellow Moose Farms
Type IV (4): High CBGA
Also known as hemp
CBGA is a precursor to all other cannabinoids, gaining the title "the Mother Cannabinoid"
Flower typically has a zesty citrus nose
Type V (5): Unknown Cannabinoids or Undetectable
The tip of the arrow for all other constituent production that is unknown or undetectable
Now for the second half of the answer to the question: Can you get arrested for weed seeds?
Ok, so "weed" seeds are actually hemp seeds by law, so they're legal, at least Federally...what about your local state or county?
Well, that's the tough part. States and locales are allowed to impose further restrictions on the USDA's hemp program, however, various jurisdictions may have inadvertently found a loop hole with the perception that cannabis seeds are considered paraphernalia if used in connection with any illegal activity.
Based on Florida's definition of paraphernalia, a local law firm interpreted the situation a little different, "If you have sandwich baggies, they are just regular sandwich baggies; you put the sandwich in them, no problem. If they have two marijuana seeds in there, you can be charged with paraphernalia because you are holding and containing a controlled substance."
Finally, in the small 2.4 square mile village of Bellwood, Indiana, city ordinance definitions seem to imply that while seeds produced or sold by a licensed dispensary are legal, the same items sold or produced from an unpermitted organization would be labeled as drug paraphernalia and addressed as such.
All in all...
The seeds themselves are federally defined as hemp, so the DEA shouldn't be knocking. Unless given a reason to think otherwise, the post office being a government agency shouldn't be concerned either. However, depending on the situation, it is possible that under the right circumstances and jurisdiction, a person in possession of seeds from the genus Cannabis may become detained or arrested given local ordinances.
Although the arrest may at best inconvenient, it would be wise to make sure you do your due diligence on all state, local and federal laws, regulations and ordinances before you buy weed seeds, buy hemp seeds, buy cannabis seeds, buy cbd seeds, buy cbd seeds near me or buy cbd seeds online.
Hopefully that answers your question: Can you get arrested for weed seeds?
If all looks good and you want to continue your journey, Buy Hemp Seeds from us at TexanHemp.com!
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