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  • U.S. DEA Official Determination On The Legality of Cannabis Seeds

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    The DEA letter responds to an inquiry about the legal status of Cannabis Sativa L. seeds, tissue culture, and genetic material under the Controlled Substances Act. It explains that such items are excluded from the CSA's definition of marijuana if their delta-9-tetrahydrocannabinol concentration is not more than 0.3% on a dry weight basis, as that meets the legal definition of "hemp." However, items with a THC concentration above 0.3% would be considered marijuana and controlled under Schedule I of the CSA.

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    U.S. DEA written response to attorney Shane Pennington

    Original Title

    U.S. DEA Official Determination on the Legality of Cannabis Seeds

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    The DEA letter responds to an inquiry about the legal status of Cannabis Sativa L. seeds, tissue culture, and genetic material under the Controlled Substances Act. It explains that such items are excluded from the CSA's definition of marijuana if their delta-9-tetrahydrocannabinol concentration is not more than 0.3% on a dry weight basis, as that meets the legal definition of "hemp." However, items with a THC concentration above 0.3% would be considered marijuana and controlled under Schedule I of the CSA.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    31K views2 pages

    U.S. DEA Official Determination On The Legality of Cannabis Seeds

    Uploaded by

    sandydocs
    The DEA letter responds to an inquiry about the legal status of Cannabis Sativa L. seeds, tissue culture, and genetic material under the Controlled Substances Act. It explains that such items are excluded from the CSA's definition of marijuana if their delta-9-tetrahydrocannabinol concentration is not more than 0.3% on a dry weight basis, as that meets the legal definition of "hemp." However, items with a THC concentration above 0.3% would be considered marijuana and controlled under Schedule I of the CSA.

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    © All Rights Reserved
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    of 2

    U.S.

    Department of Justice
    Drug Enforcement Administration
    8701 Morrissette Drive
    Springfield, Virginia 22152

    www.dea.gov January 6, 2022

    Mr. Shane Pennington, Esq.


    1115 Broadway
    Suite 1218
    New York, New York 10010

    Dear Mr. Pennington:

    This is in response to your email of November 18, 2021 in which you request the control
    status of Cannabis Sativa L. seeds, tissue culture, and any other genetic material of Cannabis
    Sativa L. under the Controlled Substances Act (CSA). You state that the seeds, tissue culture,
    and other genetic material have delta-9 tetrahydrocannabinol concentrations of not more than
    0.3% on a dry weight basis. The Drug Enforcement Administration (DEA) conducted a review
    of the CSA and its implementing regulations with regard to this question.

    Title 21 of the United States Code (U.S.C.) § 802(16) states that the term “marihuana” means
    all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin
    extracted from any part of such plant; and every compound, manufacture, salt, derivative,
    mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature
    stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such
    plant, and any compound, manufacture, salt, derivative, mixture, or preparation of such mature
    stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such
    plant which is incapable of germination.”

    The CSA excludes from that definition “hemp.” 21 U.S.C. § 802(16)(B)(i). The term
    “hemp” is “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof
    and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether
    growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent
    on a dry weight basis.” 7 U.S.C. § 1639o.

    Accordingly, 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” 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.

    Likewise, other material that is derived or extracted from the cannabis plant such as tissue
    culture and any other genetic material that has a delta-9-tetrahydrocannabinol concentration of
    not more than 0.3 percent on a dry weight basis meets the definition of “hemp” and thus is not
    controlled under the CSA. Conversely, tissue culture and any other genetic material derived or
    extracted from the cannabis plant 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.
    Shane Pennington, Esq. 2

    If you have any further questions, please contact the Drug and Chemical Evaluation Section at
    [email protected] or (571) 362-3249.

    Sincerely,

    Terrence L. Boos, Ph.D., Chief


    Drug & Chemical Evaluation Section
    Diversion Control Division

    Cc: New York Division

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