Why is this declaration for marijuana seeds and legal hemp so significant? Read more… They may all look the same, but within them lies infinite variety. Here we present ten interesting facts about cannabis seeds for you to enjoy and share. The U.S. Food and Drug Administration has completed its evaluation of three generally recognized as safe (GRAS) notices for hemp seed-derived food ingredients.
DEA Declares Marijuana Seeds Below THC Limit are Legal Hemp
A January letter from the Drug Enforcement Agency (DEA) revealed its official stance that marijuana seeds with a delta-9 tetrahydrocannabinol (THC) concentration lower than 0.3% on a dry weight basis are considered hemp and are not controlled under the Controlled Substances Act. This declaration is significant because a marijuana product’s legality was previously thought to be determined by whether it was sourced from marijuana or hemp. This new guidance establishes that the legality of marijuana seeds, tissue culture, and other genetic material depends solely on delta-9 THC concentration.
Guidance on marijuana seeds
The 2018 Farm Bill excluded hemp from the Controlled Substances Act (CSA)’s definition of marijuana, lifting control on all parts of the plant Cannabis sativa L., so long as such parts don’t exceed 0.3% delta-9 THC concentration. Shane Pennington, a New York attorney, wrote to DEA requesting the control status of Cannabis sativa L. seeds, tissue culture, and other genetic material of the plant under the CSA. In response, DEA conducted a statutory review of the CSA and its implementing regulations and determined that legality, and thus control status, hinges on delta-9 THC concentration.
Thus, marijuana seeds with a delta-9 THC concentration of less than 0.3% on a dry weight basis meet the definition of hemp and are not controlled under the CSA. Conversely, marijuana seeds with a delta-9 THC concentration above 0.3% on a dry weight basis constitute marijuana, which remains a Schedule I substance under the CSA.
Both hemp and marijuana seeds generally contain nominal THC levels that do not exceed 0.3%, however, this doesn’t guarantee that the resulting plant’s THC level will also fall below the threshold. By differentiating solely on the seeds’ THC concentration, it follows that DEA’s letter may have implied that individuals can legally possess what otherwise would be considered marijuana seeds, so long as the seeds have less than 0.3% THC. However, DEA’s guidance fails to address whether people may possess marijuana seeds and avoid criminal prosecution under the CSA if the plants produced from such seeds were to exceed the permitted THC concentration. Keep in mind that despite the laws in your state, it remains federally illegal to use any cannabis seeds with the intent of growing marijuana. Additionally, the DEA’s letter is only guidance without the full force and effect of the law or of official DEA regulation.
In addition to guidance on marijuana seeds, DEA again relies on the delta-9 THC concentration to clarify the control status of other material derived or extracted from the cannabis plant, such as tissue culture and other genetic material. This guidance mirrors that of marijuana seeds, namely that if such material has a delta-9 THC concentration of less than 0.3% on a dry weight basis, that material constitutes hemp and is not controlled under the CSA. Conversely, material that exceeds the 0.3% delta-9 THC limit constitutes marijuana, which remains a Schedule I controlled substance under the CSA.
Watch this space for more updates on all things cannabis, CBD, hemp, and psilocybin.
You can contact Allison Campbell at [email protected] or 503-488-5424.
10 Interesting Facts About Cannabis Seeds
Cannabis seeds are the very essence of our mission, not just part of our company name. We love them, we’re fascinated by them, and we want to share our knowledge with you! Here are ten facts about cannabis seeds that every ‘cannasseur’ should know.
Cannabis seeds may all look pretty much the same, but within those brown, speckled hulls, the potential for infinite variety is captured. From industrial hemp to carefully refined sativas, from the latest autoflowering strains to the oldest cannabis seeds yet found, it all starts from a seed! Here we present ten interesting facts about cannabis seeds for you to enjoy and share.
1. All cannabis seeds look the same
There is no visible difference between regular cannabis seeds, feminized cannabis seeds, autoflowering cannabis seeds, and seeds for growing industrial hemp plants. For this reason, always buy your cannabis seeds from a reputable seed bank (such as Sensi Seeds and White Label Seed Company) so that you definitely know what you’re getting.
2. Cannabis seeds are edible
You can eat cannabis seeds, and they’re good for you! Cannabis sativa L. seeds are a great source of protein, and contain a near-perfect balance of the essential fatty acids (EFA) omega 3, 6 and 9. These are vital to human health and cannot be produced by the body. It is better to eat hemp seeds than cannabis seeds as the former are a lot cheaper! There is no difference in the EFA content of the seeds – just the THC content of the plants they produce. Cannabis seeds do not contain THC (tetrahydrocannabinol) or any other psychoactive substance.
3. A single cannabis plant can produce hundreds of seeds
A single cannabis plant can produce hundreds of cannabis seeds – even over a thousand! – depending on its size and the efficiency of pollination. Some hemp strains are bred to enhance seed production for when seeds are the primary crop – for example, for use as a food source.
FDA Responds to Three GRAS Notices for Hemp Seed-Derived Ingredients for Use in Human Food
The U.S. Food and Drug Administration has completed its evaluation of three generally recognized as safe (GRAS) notices for hemp seed-derived food ingredients. The GRAS notices were submitted by Fresh Hemp Foods, Ltd. The agency has no questions about Fresh Hemp Food’s conclusion that the following ingredients are GRAS under their intended conditions of use: hulled hemp seed (GRN765), hemp seed protein powder (GRN771), and hemp seed oil (GRN778).
Foods containing hemp seed and hemp seed-derived ingredients are currently marketed in the US. Hemp seeds are the seeds of the hemp plant, Cannabis sativa. Although hemp is from the same species as cannabis (marijuana), the seeds themselves do not naturally contain tetrahydrocannabinol (THC), the main psychoactive ingredient in cannabis. The hemp seed-derived ingredients that are the subject of these GRAS notices contain only trace amounts of THC and CBD, which the seeds may pick up during harvesting and processing when they are in contact with other parts of the plant. Consumption of these hemp seed-derived ingredients is not capable of making consumers “high”.
The GRAS notices are for three different hemp seed-derived ingredients. The GRAS conclusions can apply to ingredients from other companies, if they are manufactured in a way that is consistent with the notices and they meet the listed specifications. Some of the intended uses for these ingredients include adding them as source of protein, carbohydrates, oil, and other nutrients to beverages (juices, smoothies, protein drinks, plant-based alternatives to dairy products), soups, dips, spreads, sauces, dressings, plant-based alternatives to meat products, desserts, baked goods, cereals, snacks and nutrition bars. Products that contain any of these hemp seed-derived ingredients must declare them by name on the ingredient list.
These GRAS conclusions do not affect the FDA’s position on the addition of CBD and THC to food. As stated on FDA and Marijuana: Questions and Answers, it is a prohibited act under section 301(ll) of the Federal Food, Drug, and Cosmetic Act to introduce into interstate commerce a food to which CBD or THC has been added.