Is Selling Weed Seeds Illegal

Federal laws of Canada Many people wonder if they can buy cannabis seeds online. Is it legal to buy marijuana seeds from Europe? Is it better to buy them online? Seed Licensing, Registration, and Other Frequently Asked Questions Provisions in Act 329, the Michigan Seed Law, authorize the Michigan Department of Agriculture & Rural Development to regulate

Seeds Act (R.S.C. , 1985, c. S-8)

1 This Act may be cited as the Seeds Act .

  • R.S., c. S-7, s. 1

Interpretation

Marginal note: Definitions

2 In this Act,

means a person designated as an analyst pursuant to section 5; ( analyste )

means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; ( document )

means the components of the Earth and includes

(a) air, land and water,

(b) all layers of the atmosphere,

(c) all organic and inorganic matter and living organisms, and

(d) the interacting natural systems that include components referred to in paragraphs (a) to (c); ( environnement )

, in respect of seed, includes any class of seed; ( catégorie )

includes any mark, description or designation of a grade; ( dénomination de catégorie )

means a person designated as an inspector pursuant to section 5; ( inspecteur )

(b) anything used in an activity regulated under this Act, and

(c) a document that is related to seed or to any activity regulated under this Act; ( chose visée par la présente loi )

includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package; ( étiquette )

means the Minister of Agriculture and Agri-Food; ( ministre )

includes a sack, bag, barrel, case or any other container in which seed is placed or packed; ( emballage )

means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; ( sanction )

includes any vehicle, vessel, railway car or aircraft; ( lieu )

means prescribed by regulation;

means any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant; ( semences )

includes agree to sell, or offer, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration. ( vente )

means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act ; ( Commission )

means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act . ( violation )

  • R.S., 1985, c. S-8, s. 2
  • R.S., 1985, c. 49 (1st Supp.), s. 2
  • 1994, c. 38, s. 25
  • 1995, c. 40, s. 86
  • 1997, c. 6, s. 87
  • 2012, c. 24, s. 89
  • 2015, c. 2, s. 74

Accredited Laboratories

Marginal note: Power of Minister

2.1 For the purpose of this Act and the regulations, the Minister may designate all or part of any building or place used for grading, testing or analysing seeds as an accredited laboratory.

Prohibitions

Marginal note: Seed not conforming to standard, etc.

3 (1) Except as provided by the regulations, no person shall

(a) sell, import into Canada or export from Canada any seed unless the seed conforms to the prescribed standard and is marked and packed and the package labelled as prescribed; or

(b) sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered in the prescribed manner.

Marginal note: Grade name resembling other grade name

(2) No person shall

(a) sell, import into Canada or export from Canada seed under a grade name or designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor; or

(b) apply to seed or to a package containing seed a grade name or other designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor.

Marginal note: Exception

(3) Subsection (2) does not apply if the seed meets the requirements prescribed for the grade, has been graded and inspected as required by the regulations and is marked and packed and the package labelled in the prescribed manner.

  • R.S., 1985, c. S-8, s. 3
  • R.S., 1985, c. 49 (1st Supp.), s. 3

Marginal note: Seed presenting risk of harm

3.1 No person shall sell, import or export in contravention of the regulations any seed that presents a risk of harm to human, animal or plant health or the environment.

  • 2015, c. 2, s. 75

3.2 No person shall sell seed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act .

  • 2015, c. 2, s. 75

Regulations

Marginal note: Regulations

4 (1) The Governor in Council may make regulations

(a) establishing grades with appropriate grade names for seeds;

(a.1) providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used;

(a.2) respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment;

(a.3) respecting the sending or conveying from one province to another or the importation or exportation of any seed;

See also  White Weed Seeds

(a.4) respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another;

(b) prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested;

(b.1) respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;

(c) prescribing the minimum standards of purity, germination, quality and disease for seeds;

(d) respecting the packing and marking of seeds and the marking and labelling of packages of seeds;

(e) prescribing the terms and conditions under which variety names of seeds may be used;

(f) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations;

(g) respecting the taking of samples and the testing of seeds for the purposes of this Act;

(g.1) requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

(h) respecting the fees that may be charged for any services provided under this Act;

(h.1) prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale;

(h.2) respecting the registration of varieties of seeds and the amendment of the register of such varieties;

(h.3) specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations;

(h.4) prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2);

(h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

(h.6) respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject;

(i) respecting the detention, preservation and safeguarding of anything seized under section 8;

(i.1) providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure;

(j) respecting the disposition of anything forfeited under section 8;

(j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

(i) the information in those documents,

(ii) the manner in which they are to be prepared, kept or maintained,

(iii) the place where they are to be kept or maintained, and

(iv) the manner in which they are to be provided or access to them is to be provided;

(j.2) respecting the issuance of certificates or other documents for the purpose of section 4.11;

(j.3) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

(k) prescribing anything else that by this Act is required to be prescribed; and

(l) generally, for carrying out the purposes and provisions of this Act.

Marginal note: Weed seeds

(2) The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds.

Marginal note: Paragraphs (1)(a.2) and (a.3)

(3) Regulations made under paragraph (1)(a.2) or (a.3) may, among other things, establish preclearance or in-transit requirements for any imported seed or anything imported with it.

Marginal note: Paragraph (1)(j.1)

(4) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that seed presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

  • R.S., 1985, c. S-8, s. 4
  • R.S., 1985, c. 49 (1st Supp.), s. 4
  • 1994, c. 26, s. 65(F)
  • 2001, c. 4, s. 117
  • 2012, c. 19, s. 473, c. 24, s. 91
  • 2015, c. 2, s. 76

Incorporation by Reference

Marginal note: Incorporation by reference

4.1 (1) A regulation made under subsection 4(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

See also  Dill Weed Seeds

Marginal note: Accessibility

(2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 4(1), including any amendments to the document, is accessible.

Marginal note: Defence

(3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 4(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

Marginal note: No registration or publication

(4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 4(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 1988, c. 65, s. 144
  • 2011, c. 25, s. 38
  • 2015, c. 2, s. 77

General

Marginal note: Export certificates

4.11 The Minister may issue any certificate or other document setting out any information that he or she considers necessary to facilitate the export of any seed.

  • 2015, c. 2, s. 77

Marginal note: Disposition of samples

4.12 A sample taken by an inspector, or provided to the Minister or an inspector, under this Act may be disposed of in any manner that the Minister considers appropriate.

  • 2015, c. 2, s. 77

Marginal note: Consideration of information

4.13 In considering an application made under the regulations in relation to seed, the Minister may consider information that is available from a review or evaluation of seed conducted by the government of a foreign state or of a subdivision of a foreign state or by an international organization, or association, of states.

  • 2015, c. 2, s. 77

Licence

Marginal note: Issuance of licence

4.2 (1) The President of the Canadian Food Inspection Agency may, subject to the regulations, issue a licence authorizing any person to perform any activity specified in the licence that is related to controlling or assuring the quality of seeds or seed crops, including the sampling, testing, grading or labelling of seeds.

Marginal note: Conditions

(2) The President may, subject to the regulations, make the licence subject to any condition that he or she considers appropriate.

Marginal note: Not transferable

(3) The licence is not transferable.

Marginal note: Amendment

(4) The President may, subject to the regulations, amend, suspend or revoke the licence.

Is It Legal to Buy Cannabis Seeds? Is It Better to Buy them Online?

Cannabis seeds are considered cannabis products the same as cannabis buds, plants, oils, or any other marijuana byproducts. In short, the legality of marijuana seeds depend on the state. For example, people living in a state where cannabis is legal can buy seeds but only use them within their own state.

If you plan to buy seeds abroad, customs will control and seize any cannabis products coming in. Consequently, the safest way to buy marijuana seeds is if you buy it within your own state. Nonetheless, these European seeds could be shipped if it’s done as “souvenirs”. Shipping them as collector’s items is the most common shipping methods of cannabis seeds from EU to the US.

The degree of their legality often depends on the state one is living in. For instance, in California, it’s possible to buy seeds from a cannabis seed bank for both recreational and medicinal uses. Furthermore, they are also permitted to sell and cultivate marijuana seeds within the state.

Where Can I Buy Cannabis Seeds?

Online Stores

There are many reasons why a person decides to buy marijuana seeds. For example, it could be someone who wants to have more control of the product they consume or simply people who want to make their own cannabis oils for vaping.

Most of marijuana seeds are from Europe, but there are also some breeders in the US. As we explained above, you cannot buy seeds from other states or from abroad. Therefore, buying seeds from Europe is not an option for you if you live in the US unless these seeds are sent as “souvenirs”.

Cannabis Seeds in Europe or US?

In Europe, you have online stores where you can buy cannabis seeds such as Greenhouse seeds and DNAgenetics in the Netherlands or Dinafem in Spain. Nonetheless, you can safely only purchase in these sites if you live in the EU. For instance, you will always find the following message:

germination of marijuana seeds is illegal in most countries including the USA”.

As mentioned above the only way these seeds could be shipped from EU to the US is as collector’s items. For example, weedseeds express has the following disclaimer as a footer:

“as germination and growing of cannabis seeds is illegal in many countries, we do not encourage anyone to do so. weedseedsexpress is selling cannabis seeds strictly as souvenirs and for storage purposes only in case laws change in the future”.

You can also find online store in the US. These stores sell all sort of cannabis seeds such as feminized cannabis seeds, male seeds and many different cannabis strains. For example, Sensiseeds and kingofcbdgenetics are well-established online stores in the US.

See also  Weed With Seeds Under Leaves

Remember that if you decide to grow your own cannabis, there are many processes that you must know to obtain quality cannabis buds. In addition, if you want to make your own cannabis vape oil, you also need to master many processes, such as extraction of cannabinoids, decarboxylation or remove excess chlorophyll.

Offline: Dispensaries

This option is available to Americans who live in states where medical marijuana is legal. Obviously, this option is more straightforward as you just need to go to the dispensary and buy it. Nonetheless, you will have more cannabis seeds available online that at these dispensaries. On one hand, buying cannabis seeds at dispensaries is more straightforward and convenient. On the other hand, online you will have lots of cannabis strains, feminized seeds, male seeds, etc.

Marijuana Seeds: Where to Buy them

They are available online and at cannabis dispensaries. In the US, you can buy it within you state (obviously if they are legal in your state). There are seed banks in the US, but the biggest ones are from Europe. Although it is illegal to buy marijuana for germination and growing, it is not if you buy it as a souvenir. Therefore, all marijuana seeds are shipped as souvenirs from Europe to the US.

In conclusion, you should be able to buy seeds from Europe, just make sure you do your research and find a reputable seed bank. Furthermore, do not trust seed banks selling very cheap seeds as they might be scammers.

Seed Licensing, Registration, and Other Frequently Asked Questions

Provisions in Act 329, the Michigan Seed Law, authorize the Michigan Department of Agriculture & Rural Development to regulate the labeling, coloration, advertising, sale, offering, exposing, or transporting for sale of agricultural, vegetable, lawn, flower, and forest tree seeds. Act 329 also authorizes the Director of Agriculture to adopt rules for its enforcement, provides for the inspection and testing of seed, and prescribes penalties for violations.

Act 221, the Certification of Seed law, characterizes certified and certain classes of seed, authorizes the Director of Agriculture to promulgate rules and regulations governing the certification of seed as to certain genetic and other standards, authorizes the designation of official seed certification agencies, and provides penalties for violations.

  1. An inspector from MDARD issued a “Violation Notice” or “stop sale” to my retail store preventing me from selling specific seed lots because of labeling problems. What do I need to do to have the stop-sale removed?
  1. I received a seed analysis report indicating that my seed product had problems and that it cannot be sold. How do I correct the problem? Who should I notify when I have corrected the problem?
  • If test results revealed that the seed’s germination has fallen below the required minimum standards, it cannot be sold.
  • If the seed’s quality does not meet standards for other crop, inert material or weed seed, it cannot be sold unless it can be reprocessed in such a way that it meets those standards.
  • The seed is misbranded:
    • Testing showed that it failed to meet the label’s stated claims or guarantees.
    • The test date had expired.

    In cases of misbranding the problem can usually be corrected by simply replacing the original labels with new labels that reflect the information found in the official seed analysis report. If the test has expired, a new label showing the date of the latest test is required.

    If the seed cannot be sold, contact the supplier to see if they will replace it or give you credit for it. Any seed that cannot sold or returned should be destroyed.

    When the problem has been corrected, contact the inspector who issued the violation notice or stop sale order. It is illegal to resume selling any seed that is the subject of a violation / stop sale notice until a representative of the Michigan Department of Agriculture & Rural Development has verified that the seed has been made legal.

    1. What does the term KIND refer to?
    1. KIND means 1 or more related species or subspecies which singly or collectively is known by 1 common name, including, but not limited to, oats, wheat, soybeans, corn, Kentucky bluegrass, annual ryegrass, and petunia.
    1. What is a seed VARIETY?
    1. VARIETY means a subdivision of a kind which is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; uniform in the sense that variations in essential and distinctive characteristics are describable, and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties; for example, Heritage oats, Augusta wheat, Corsoy soybeans, Marion Kentucky Bluegrass.
    1. What is the difference between a seed MIXTURE and a seed BLEND?

    A blend of seed consists of more than one variety of the same kind of seed being sold in the same bag/container, each variety present comprising at least 5% of the whole. For example, a BLEND may consist of different varieties of Kentucky blue grass.