In January 2022, an official of the US Drug Enforcement Administration (DEA) quietly confirmed that, yes, cannabis seeds fall under the legal definition of hemp and, yes, they can be sold openly without a crime. .
Farmers and ranchers haven’t really taken to running that idea, yet.
“Marijuana seed containing no more than 0.3 percent delta-9-tetrahydrocannabinol by dry weight meets the definition of ‘hemp’ and is therefore not regulated under the CSA,” it said. Terrence Boos, head of Drug and Chemical. Evaluation Section of the DEA’s Emissions Control Section. The official ruling proposed the statutory language of the 2018 Farm Bill. Read Boos’ full letter below.
Boos responded to a letter from Vicente Sederberg’s attorney Shane Pennington, who sought clarity on the matter.
“This is one of the areas where I get a lot of questions,” Pennington said Cannabis Business Times, which represents both genetic and genetic factors in the industry. He noted that the 2018 Farm Bill, with its definition of hemp as a plant condition containing less than 0.3% THC, requires a license to buy and sell cannabis seeds that have a cover mark — “no someone believed in me.”
So, he wrote a letter and sent it directly to the top brass at the DEA. He knew the DEA was under no obligation to respond to him, but on January 6 Boos wrote his response. Marijuana Moment first talk on the news.
While the cannabis seed market often operates outside the purview of the legal, licensed business landscape, the DEA’s decision says it will provide more transparency for farmers and growers. But is this what the industry wants?
Cannabis grower Rick Mosca of Mosca Seeds said, at the very least, the acknowledgment from the DEA is “a lot of comfort for a lot of people.” He pointed out that this official decision could pave the way for brick and mortar seed sales in the future, something that has yet to be deployed in practice. Mosca doesn’t plan to open a store like this (Mosca Seeds is sold online and through distributors), but the premise of the issue would be a good fit for the industry.
In Chicago, MoneyTree Genetics is opening a new genetic bank that will sell seeds and clones to cannabis growers—including those operating in legal markets that offer THC-rich cultivars. Business leaders spoke Cannabis Business Times they are operating under the guidance of the 2018 Farm Bill, and DEA’s 2022 official decision has given them even more support for their work.
Elsewhere, developers are eager to embrace a rare government decision that benefits the industry.
“We are very interested in the new DEA [determination], ”said the CEO of the California Black Forest, Daniel Grace. “There seems to be a green light from the feds that genes can move across state lines. Many breeders are taking advantage of this. However, most, if not all, are government regulations still require closed seeds to buy systems. As a result, government regulations and regulators are still in trouble here. The irony, in this case, is that feeds ‘yes,’ but the government keeps saying ‘no.’ We hope that governments will act quickly to eliminate this disparity and allow the genetic space between and around the world to grow.”
In Michigan, for example, licensed growers can buy seeds from other licensed growers or from licensed caregivers who treat medical patients. However, patrons can buy marijuana from out of state, bringing it through the back door into an adult-licensed drug market in Michigan.
In Massachusetts, licensed growers are given 90 days from where they receive a certificate of occupancy to pick up seeds. Agribusinesses can get genetics from seed banks or fellow farmers—but only within that 90-day window. This is known as the “immaculate conception” principle. After that 90-day window, sources of all genetics must be reported in the state’s METRC tracking system (for example, through METRC-labeled mother plant cuttings and METRC-labeled seed sales in the state).
It’s the right time for new licensed garden businesses to identify helpful, clear seed buyers right from the get-go. “It’s good to work with proven companies,” said Mosca, “companies that have entered the industry and produce quality and consistency in their genes. We share a lot of information through on social media and in magazines. Word of mouth is in this secret part of the market. But it’s not a simple solution for garden groups.
On record, farmers in Michigan, Massachusetts and elsewhere have confirmed it Cannabis Business Times the seed question is the “don’t ask, don’t tell” phenomenon.
With that in mind, Dark Heart has yet to begin selling seeds directly to licensed growers—“because of the state-legal disconnect,” Grace said. The company currently sells packaged seeds commercially through licensed agencies.
The disconnect between the federal position (with the 2018 Farm Bill and the 2022 DEA authorization decision) and state positions (a variety of policies is a good reminder to know your laws -region when you enter in. this business) is an obstacle that must be faced by the growth companies.
“The irony is, in this case, the feds are saying ‘yes,’ but the government is still saying ‘no.’
– Head of Dark Nursery Daniel Grace
Matt Simmons of Elev8 Seeds said this undermines good faith in stocking a genetic library when launching a seed business.
“At the time [the DEA official determination] There is a lot of variation in the state, there are many states in the ‘seeds’ that define what cannabis is, “he said. “Because of the definition at the state level, this is not given to producers in that state have a clear way of how they can get new genes. In the government’s attempt to completely control everything related to growth, they are directly reducing the quality of the product they rely on for tax revenue that has no benefit to them. keeping THC out of the hands of the underprivileged. .”
He suggested a simple amendment, one that would include clear guidance from the DEA that would be sent to state regulators as a program of action: “What we want to see is other legal states to adopt the the word ‘seed’ from the definition of cannabis. . . This allows legal growers in that state to have access to the genetic variety.”
Until then, one of the most important functions of the legal drug scene remains in the hands of the legal language.
The result is a de-facto policy that defines the prohibition of the drug, even in the newly licensed country from coast to coast.
“Everybody knows that the drug market is illegal,” Pennington said. “No way maybe illegal. Is is illegal. It is very dangerous and dangerous that we are in this situation. No one wants to talk about it, because it’s so embarrassing. Government markets are based on discrimination between countries.
Will the DEA’s position encourage the industry to move toward an open genetics market?
“It can, if people want to understand it,” Pennington said.
At this year’s CannaCon B2B events, exhibitors, including Elev8 Seeds, reportedly sold seeds on the show floor in places like the Greater Richmond Convention Center in Richmond, Va.— openly and under the auspices of the assembly itself. Those in-person meetings are an opportunity for discussions about the products being sold. This is especially helpful in an unusual transaction, such as in the case of genetics that will be the backbone of a new company’s cultivation. Developers can share detailed information about seeds and the phone to better understand what matters to the farmer.
However, as late as 2022, months after the DEA’s decision was made public, there were very few human samples.
“The seed and cloak and sword area is still a secret,” said Grace. “Some illustrators in these areas are doing great work, but it is difficult to distinguish the experts from the experts. Because the power of the government-law is still unclear, many illustrators are not yet professional. Most, for example, have not yet received formal intellectual property protection on the genes they produce. This also benefits other farmers in the industry, but it means that These breeders keep releasing new varieties. This means they can’t spend a lot of time or money perfecting a variety. That’s why you see a lot of ‘pollen removal’ ‘ in place. With the DEA memo and the prospect of future action from states, I expect to see some growers step up their efforts and introduce higher quality seeds. . I am very confident in the high-quality hybrid seed. In the next five years, I believe we will see You have some strong offers in this area. I hope these releases will change the cannabis industry.”
Intellectual property protections for drug genes remain in their infancy (due, in part, to regional restrictions on drug ownership).
The 2023 Farm Bill could also lead to more seed sales. While that federal law aims to improve agricultural policy, the bill is expected to provide more favorable language on hemp cultivation—including the definition of hemp.
And that’s where it all started: with the conventional wisdom that cannabis seeds (whether they’re grown in industrial hemp plants or the THC-rich varieties of your garden party’s newest blooms) fall flat. in the definition of hemp. It is illegal to distribute it to representatives of the federal government.
But the word “child” is important here. The trading conditions have not yet matured into information about the state of the cannabis seed market above.
“I would say right now oranges are the bread and butter, but our line of merchandise has grown every year,” Grace said. “Commercially, seeds and plants are growing among outdoor farmers, especially those grown for extraction.”
Grace also offered advice for farmers—both the licensed novice and the licensed veteran.
“Don’t think about anything,” he said. “Know your source as much as you can, and try to work with reputable partners. Don’t put all your eggs in one basket. Get as many genes as possible from different partners and test them against themselves.”
US DEA Official Decision on the Importance of Cannabis Seeds by sandydocs on Scribd