The Greenspoon Marder Cannabis Team would like to share an encouraging article recently published by the Cannabis Business Times here.
In full disclosure, the article features one of the firm’s clients: MoneyTree Genetics and its owner, Tom Wilson. Regardless of our affiliation, however, the article does an effective job outlining an important issue in the cannabis industry—the legality of selling cannabis seeds and clones.
In short, in April 2022, the cannabis industry learned about a January 2022 DEA letter confirming the DEA’s position that a cannabis seed that has a delta-9 THC concentration that does not exceed 0.3% is legal hemp under the 2018 Farm Bill. Because virtually all cannabis seeds have delta-9 THC concentrations below 0.3%—regardless of whether they eventually produce hemp or marijuana—the DEA letter provides comfort that genetics retailers are not running afoul of federal marijuana laws. Further, the letter at least calls into question the continuing viability of the “Source Rule.” For both sides of that debate, see here and here.
We are proud of the work MoneyTree Genetics is doing and wanted to share that on our blog. For any legal questions concerning cannabis genetics, please contact the author.
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