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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.