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  • Writer's pictureJohn Kim

The Legal Status of Cannabis Seeds: A Closer Look

The cannabis industry has faced a number of challenges in recent years, including difficulties in selling and acquiring genetics under strict regulations in some states. However, the recent clarification from the Drug Enforcement Agency (DEA) that cannabis seeds containing less than 0.3% THC on a dry weight basis are legal under the 2018 Farm Bill has created a new opportunity for the industry.

iStock / Victoriia Paliy

In early 2022, the DEA responded to an inquiry by Shane Pennington of Vicente Sederberg with a letter clarifying the legality of cannabis seeds. This news was considered a win for the industry, though it also created a state-federal disconnect. The legality of non-licensed cannabis growers or breeders selling seeds under state-legal cannabis programs is still in question, leaving the industry uncertain about which law takes precedence and how to move forward.


The DEA's clarification on the legality of cannabis seeds has created both opportunities and challenges for the industry. We will be monitoring this opportunity and how it will impact the future of the cannabis seeds market and how you can take advantage of this exciting time in the industry.


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