If you’re considering cultivating hemp within the US, it’s crucial to familiarize yourself with the legal landscape of your area. The laws governing hemp growth vary significantly between federal and state levels, affecting its legality. Interestingly, in many areas, individuals are allowed to cultivate hemp, even for recreational use.
Now, let’s address a common concern: the legal status of possessing hemp seeds. Here’s what you need to know.
For those concerned about the legality of possessing hemp seeds in the US, there’s positive news. In 2022, the Drug Enforcement Agency (DEA)—the federal body responsible for regulating controlled substances—indicated that hemp seeds are legally permissible. This means that buying, owning, and collecting hemp seeds is considered legal under federal law.
So, is purchasing hemp seeds illegal in the United States? To understand this, we’ll start with the federal perspective. Remember, the DEA classifies hemp plants with a THC content above 0.3% (excluding hemp) as controlled substances subject to legal action. Yet, hemp plants only begin producing significant THC levels during their flowering stage. What does this mean for hemp seeds?
Hemp seeds that have not germinated are not considered illegal substances nationwide.
Before germination—that is, before the seed’s taproot breaks through its casing—hemp seeds do not contain THC. They lack the necessary components to produce THCA, THC’s precursor. Therefore, under the Controlled Substances Act (CSA), hemp seeds are not deemed illegal. However, this status changes once germination begins. The DEA clarifies that seeds, tissue cultures, and plant materials with less than 0.3% THC content are not covered by the CSA.
State laws on hemp seeds can vary from the federal stance. Fortunately, a significant number of states have legalized hemp cultivation, whether for medical or recreational purposes. These include states like Alaska, Nevada, Oklahoma, Oregon, Vermont, New York, Montana, Washington, Rhode Island, and Virginia, among others.
For those in states where hemp cultivation is prohibited, it’s imperative as a grower to research state-specific laws and understand the associated risks to avoid legal issues when ordering seeds.