Cannabis might be federally prohibited, but the Drug Enforcement Administration (DEA) has effectively acknowledged that the plant’s seeds are generally uncontrolled and legal, regardless of how much THC might end up being produced in buds if those seeds were cultivated.
DEA recently carried out a review of federal statute and implementing regulations in response to an inquiry from attorney Shane Pennington regarding the legality of cannabis seeds, tissue culture and “other genetic material” containing no more than 0.3 percent THC.
The agency affirmed that while it used to be the case that cannabis seeds were controlled—full stop—that’s no longer the case because of the federal legalization of hemp, as Pennington discussed in an edition of his On Drugs newsletter on Substack on Monday.
Following the enactment of the 2018 Farm Bill, hemp has been excluded from the Controlled Substances Act’s (CSA) definition of cannabis, making it so all parts of the plant Cannabis sativa L. are uncontrolled as long as they don’t exceed 0.3 percent THC.
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