Why Cannabis Seeds Are the Only Legal Option for Buying Recreational Cannabis in Ohio

In Ohio, where legislators have yet to establish a legal framework for selling recreational cannabis in storefronts, there is still one federally permitted way to purchase the plant: through cannabis seeds. However, these seeds won’t arrive ready to use; they require some gardening know-how, as they need to be cultivated into fully-grown marijuana plants. This method became a viable option after Ohio voters passed Issue 2 in the November general election, which legalized the cultivation, possession, and use of recreational marijuana. However, the law did not immediately outline who could legally sell marijuana when the amendment went into effect, leaving that responsibility to the newly established Ohio Division of Cannabis Control, which is currently working on regulations for “dual-use dispensaries” that will sell both medical and recreational marijuana.

Interestingly, the Drug Enforcement Administration (DEA) plays a crucial role in the legal status of cannabis seeds. In a December 2022 letter to California attorney Omar Figueroa, DEA Diversion Control Division Chief Terrence Boos clarified that cannabis seeds can be exempt from federal regulation based on their THC concentration, the psychoactive component of marijuana. Boos explained that if a seed’s delta-9-tetrahydrocannabinol (THC) concentration is no more than 0.3% on a dry weight basis, it is classified as hemp and is therefore not controlled under the U.S. Controlled Substances Act (CSA). This means that cannabis seeds with low THC levels can be legally sold and transported across state lines.

Any seed, tissue culture, or other genetic material that has a delta-9-tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis meets the definition of ‘hemp’ and is not controlled under the CSA. Terrence Boos

However, Boos also noted that non-sterilized seeds with a THC concentration above 0.3% would still be considered marijuana under the CSA and, therefore, illegal under federal law.

Kevin Greene, vice president of the Cleveland School of Cannabis, elaborated on this point, explaining that there is minimal risk of cannabis seeds exceeding the THC limit imposed by the DEA.

In its seed form, the THC has not cultivated and actualized itself, so there is no THC in the seed. Kevin Greene

He added that even if someone were trying to grow a high-quality product, poor cultivation skills could result in low THC content in the final product.

However, Boos cautioned that if the THC concentration in the plant exceeds 0.3% once the seed has sprouted, it would become federally illegal again under the Controlled Substances Act. Ohio’s recreational marijuana law only allows up to six personal plants to be grown at home, further limiting how many seeds can be cultivated at one time. Additionally, attorneys in Ohio have pointed out that the law does not protect renters from lease stipulations regarding marijuana use or cultivation, which could pose challenges for those living in rental properties.

While cannabis seeds are legal to purchase and possess, finding a local vendor who sells them can be challenging. A spokeswoman for Sunnyside Dispensaries, which operates a marijuana growing facility in Ohio for its medical storefronts, told Seed Bank Magazine that the company intentionally avoids selling seeds directly to customers.

The legal status of cannabis seeds also complicates the issue of transporting marijuana across state lines. For instance, it remains illegal to drive to Michigan’s recreational dispensaries, purchase cannabis products, and bring them back to Ohio. However, seeds fall into a different category. Because they contain minimal THC, they can be legally transported or even ordered online from out-of-state vendors. This legal loophole has not gone unnoticed by online vendors, who actively market cannabis seeds to Ohio residents, as a quick Google search reveals.

For those interested in both purchasing seeds and learning how to cultivate them, the Cleveland School of Cannabis offers a solution. The school provides classes that not only supply students with cannabis seeds but also teach them the skills needed to grow their cannabis plants.

Anyone that’s tried to grow anything at home understands that even the easiest thing to grow still takes some education, some nurturing, and some understanding of the process that you’re embarking on. Kevin Greene

As Ohio continues to navigate the complexities of legalizing recreational cannabis, the availability of cannabis seeds offers a unique opportunity for residents to get a head start on growing their plants while waiting for the state’s regulatory framework to take shape.