DEA Acknowledges Cannabis Seeds are Legal Under Farm Bill

The Drug Enforcement Administration (DEA) has acknowledged that cannabis seeds are considered hemp under the 2018 Farm Bill as long as they don’t exceed the 0.3% THC limit, Marijuana Moment reports. The DEA recently carried out a review of federal law and regulations in response to an inquiry from attorney Shane Pennington who shared the response on his “On Drugs” Substack newsletter.

“… Marihuana seed that has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis meets the definition of ‘hemp,” Terrence L. Boos. Ph.D., chief drug & chemical section diversion control division, wrote to Pennington in his response, “and thus is not controlled under the CSA. Conversely, marihuana seed having a delta-9-tetrahydrocannabinol concentration more than 0.3 percent on a dry weight basis is controlled in schedule I under the CSA as marihuana.”

Pennington told Marijuana Moment that it is his view that “the letter is significant” because of confusion over the source rule – that is whether a cannabis product is a controlled substance based on the sample’s source or, as Pennington explains “the argument that the legal status of a cannabis product hinges on whether it is ‘sourced’ from marijuana or hemp.”

“The lesson here? When it comes to determining whether a particular cannabis-related substance is federally legal ‘hemp’ or schedule I ‘marihuana,’ it is the substance itself that matters – not its source. If the substance exceeds the .3% threshold (and isn’t a mature stalk, fiber, etc.), it’s schedule I marijuana. Otherwise, it’s hemp and not a controlled substance.” – Pennington, “The Source Rule is Dead,’ April 4, 2022

Pennington told Marijuana Moment that the letter makes the DEA’s reliance on the source rule “much harder to defend.”

Since both hemp and THC-rich cannabis seeds generally contain small amounts of THC, the letter effectively gives individuals the right to possess seeds that would produce THC-rich plants as long as the seeds contain less than 0.3% THC; however, it is still federally illegal to grow any cannabis plant that would exceed federal THC limits.

Get daily cannabis business news updates. Subscribe

Have an additional perspective to share? Send us a message to let us know, and if your comment is chosen by our editors it could be featured here.

Thanks for reading our latest news article. Stay up to date on the latest hemp news, sourced and approved by HempRevs. If you have any questions or comments, please feel free to leave us a message in the comments!

Sign up for our weekly newsletter to stay up to date on the latest Industry news and follow our site for our next news story!

Source Disclaimer: This article was was sourced from Ganjapreneur.com (the Original Publisher). In order to maintain the functionality, trust, and safety of HempRevs.com, the content sourced from the Original Publisher may have been altered. Read the original article here:
DEA Acknowledges Cannabis Seeds are Legal Under Farm Bill

Recent Articles

spot_img

Related Stories

Leave A Reply

Please enter your comment!
Please enter your name here

Stay on op - Ge the daily news in your inbox