Marijuana Seeds in Gray Area With the Feds, but Not in ColoradoPosted by MMP News AuthorOn July 7, 2022

Marijuana seeds are sorta-kinda legal now, according to the federal Drug Enforcement Administration, but Colorado’s licensed pot businesses have been warned to stay away from doing business outside of the state’s framework.

Hemp and marijuana are the same plant with different THC amounts in their blooming flowers, but neither hemp nor marijuana seeds exceed 0.3 percent THC — the federal line that differentiates the two. Earlier this year, the DEA confirmed that marijuana seeds, clones and other parts of the cannabis plant with under 0.3 percent THC are now considered hemp products, legal under 2018’s Farm Bill that ended federal hemp prohibition.

Since then, some marijuana breeders have interpreted the DEA’s confirmation as a green light to ship marijuana seeds or clones (immature marijuana plants that haven’t yet bloomed) across the country. However, a June 28 memo from the state Marijuana Enforcement Division warned Colorado business owners that buying or selling seeds outside of the state’s seed-to-sale tracking system could still be considered illegal.

“Regulated marijuana businesses are only permitted to transfer marijuana seeds, immature marijuana plants, marijuana or marijuana products to other regulated marijuana businesses,” the MED announcement reads. “Licensees transferring marijuana seeds, immature marijuana plants, marijuana, or marijuana products in conflict with the marijuana code or the Colorado marijuana rules could be subjecting their licenses to…