Following the enactment of the 2018 Farm Bill, hemp has been excluded from the Controlled Substances Act’s (CSA) definition of marijuana, making it so all parts of the plant Cannabis sativa L. are uncontrolled as long as they don’t exceed 0.3 percent THC. “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,” Terrence L. Boos, chief of DEA”s Drug & Chemical Evaluation Section wrote in the letter, dated January 6. Because both hemp and marijuana seeds generally contain nominal THC levels that wouldn’t exceed the legal threshold, DEA is essentially conceding that people can have cannabis seeds no matter how much THC the resulting plant might produce, as long as the seeds themselves contain less than 0.3 percent delta-9 THC.
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