In accordance with the Adult Use of Marijuana Act, individuals living in California can “cultivate, possess, plant, harvest, dry or process not more than six live plants, and possess the produce of the plants”.
Like the rest of the USA, California’s cannabis market suffered after the ‘reefer madness’ campaign, which turned public opinion heavily against the drug. In 1907, the state passed the Poison and Pharmacy Act, which banned the sale of many substances; six years after, cannabis was added to the list. In fact, California was actually one of the first states to ban cannabis use.
Can you grow cannabis in California?
It’s legal to possess and use cannabis in California. The Adult Use of Marijuana Act (Prop 64), was approved in 2016, and permits individuals over the age of 21 to possess, privately use, share and give away up to one ounce (29 grams) of cannabis. They’re also allowed to cultivate up to six plants in a private residence.
The 1937 Marihuana Tax Act (which made cannabis illegal at federal level) didn’t actually have much impact in California; as the state’s authorities were already punishing those who consumed, grew or sold the drug. By the 1950s, being in possession of cannabis could land the offender in prison for as long as ten years.
A recent survey showed that attitudes towards cannabis in California can largely be divided into three groups.
Los Angeles marijuana dispensaries routinely sell pot seeds over-the-counter, and cost is roughly $12 for a pack of 10, though higher-end strains can run several hundred dollars. Dispensary options are limited compared to what one might find online at a California cannabis seed bank.
Many marijuana growers pride themselves on their extensive knowledge of marijuana growth, which obviously begins with the seed. The three basic types of cannabis seeds are regular, autoflowering and female, with each containing broad subtypes, often referred to as “strains.” Many cannabis cultivators pride themselves on various elements of the strains they grow, as the effects can vary widely depending on seed properties. Certain strains are better for those seeking medicinal relief, while others are better for creating various degrees of intoxication and still others for a distinct taste. Growers are increasingly asserting intellectual property rights, something all cultivators should discuss with their cannabis business attorney.
As the legal cannabis market has expanded, selling cannabis seeds has become more commonplace, especially as consumers’ tastes become more refined. Still not all cannabis seed sales are lawful.
Cannabis Seed Sales and California Law
But are sales of cannabis seeds legal? Some growers serve both the grey and legal market marijuana seeds.
Last month marked the start of the typical marijuana grow season, which runs March through November, which meant individuals and large cannabis firms in California were on the hunt for high-quality seeds for purchase on the legal market. Cannabis seeds are at the core of the California marijuana industry, and the internet can connect farmers from San Diego to San Francisco and beyond to the growing demand.
However, other countries are much more strict about what can be imported and for what purpose. Los Angeles cannabis lawyers strongly advise anyone conducting international sales of any cannabis product to consult with an attorney. Failure to do so could affect your pocketbook (if customs in another country refuses to allow your shipment to reach its final destination). However, it can also draw the attention of U.S. law enforcement agents, with the possibility of criminal charges.
Generally speaking, cannabis seeds can be lawfully purchased by adults states with legal adult recreational use (like California) either at a dispensary or online intrastate (meaning not purchased from another state – even one that has also legalized the drug). The reason for this restriction is that interstate sales fall under the purview of federal law, which still considers marijuana a dangerous narcotic.