Is It Legal To Sell Marijuana Seeds

Are marijuana seeds legal? In some countries, yes, but with special regulations. >> Click here and read the article!

Frequently Asked Questions

Yes, provided the transaction occurs within one of Maine’s actively licensed adult use cannabis stores.

Maine is home to both a medical cannabis program and an adult use industry. The medical program serves patients, while Maine’s adult use industry services consumers 21 years of age and older. Adult use cannabis and medical cannabis may not be dispensed from the same facility. Unless they have changed their license type or have a separate retail facility, existing caregiver retail stores and medical cannabis dispensaries are limited to selling cannabis and cannabis products to patients with valid medical cannabis credentials in their possession.

See: 28-B M.R.S. §1501(1)(C)

How old do I have to be to consume cannabis and cannabis products?

In order to possess or use non-medical cannabis in Maine, you must be 21 years of age or older.

See: 28-B M.R.S. §1501

Where can I lawfully consume cannabis?

Using cannabis in any form (smoking, eating or vaping) isn’t allowed in public places, including amusement parks, ski resorts, sporting and music venues, state and national parks, campsites, playgrounds, sidewalks and roads, cannabis retail businesses, bars, restaurants and outdoor or rooftop cafes.

So where can you use it? Cannabis use is legal within the confines of private property. Just keep in mind that property owners, landlords, and rental companies can ban the use and possession of cannabis on their premises.

See: 28-B M.R.S. §1501(2)(A)

What are the rules around federal property?

Cannabis is legal under State of Maine law. Federally, it is not legal. If you’re on federal property, such as a national park or a border crossing, you can’t even have it in your possession.

See: 21 U.S.C. § 812

What are the laws on driving and cannabis use?

It is illegal to use cannabis in a vehicle. This goes for both the passenger and the driver.
It is also illegal to drive under the influence of cannabis. You could be charged with an OUI.

See: 28-B M.R.S. §1501(2)(B)(1), 29-A M.R.S. §2411

How much cannabis can I possess?

Adults 21 years of age or older can possess up to 2.5 ounces of a combination of cannabis, cannabis concentrate and cannabis products, including no more than 5 grams of cannabis concentrate.

See: 28-B M.R.S. §1501(1)(B)

How many plants can I grow?

Mainers can grow cannabis for personal use. As many as three mature, 12 immature plants, and an unlimited number of seedlings are allowed per resident 21 years of age or older.

These restrictions do not apply to the cultivation of cannabis for medical use by a qualifying patient, a caregiver, a registered caregiver or a registered dispensary as authorized by the Maine Medical Use of Marijuana Act.

See: 28-B M.R.S. §1502(1)

What are some of the rules related to growing cannabis for personal use?

First, keep it out of sight. An adult who chooses to grow plants for personal use must make sure their cannabis is not visible from a public way without the use of binoculars or other visual aid.

See: 28-B M.R.S. §1502(2)(A)

Second, make sure it’s locked up. An adult who chooses to grow their own plants must take reasonable precautions to prevent unauthorized access by individuals under the age of 21.

Finally, make sure the ownership of the plants is clear to law enforcement that may come across them. If you’re growing cannabis for personal use, the plant(s) must be tagged with a legible label that includes your name, driver’s license or state identification card number, and a notation that the plant(s) are being grown as authorized by law.

For example:
Connor S. Sample, Jr.
ID: 1234567
Personal Adult Use: Title 28-B, Section 1502

If the parcel or tract of land you are growing on is owned by someone else, you must have their written permission to grow and care for your plants and include the landowners name on each plant’s label.

See: 28-B M.R.S. §1502(1)(C) and (2)(C)

Medical Use

Patients

Who can buy medical cannabis?

Only medical patients can buy medical cannabis in Maine. Individuals who have received a patient certification from a medical professional may legally access medical cannabis from a registered caregiver or dispensary. Cards are available to Maine residents only.

Patients visiting Maine from another state may be able to purchase medical cannabis from a registered caregiver or dispensary if they have valid patient identification credentials (like a registry or patient identification card) and their state of residence allows them to use their state-issued credential to purchase medical cannabis in Maine.

What is the difference between a dispensary and a caregiver retail store?

Until recently, dispensaries were required to by nonprofit entities and there was only one per Maine Department of Health and Human Services Public Health District. At present, the most notable difference is that dispensaries can grow an unlimited number of cannabis plants.

How much does it cost to obtain a patient certification?

The cost for a patient certification depends on the medical provider conducting the examination and issuing the certification.

The Maine Medical Use of Marijuana Program provides patient cards to registered providers. In order to ensure patient access to the program, the State of Maine has never charged medical providers for the cards they provide to qualifying patients.

If an individual is interested in obtaining a medical card, they may wish to have those discussions with their primary care physician or other trusted medical provider. They may find in doing so that they are able to obtain a card at little to no cost to them.

Are temporary/digital/electronic patient certifications valid?

No. Temporary and/or digital medical cannabis patient cards or certifications are not an acceptable form of identification for the purposes of obtaining cannabis for medical use in Maine.

To be a qualifying patient in Maine’s program, among other things, an individual must possess “a valid written certification. ” A written certification is only valid if it is “a document on tamper-resistant paper signed by a medical provider. “. These requirements are written into law and aim to preserve the integrity of the medical cannabis program by reducing the possibility of altering and tampering with valid medical certifications.

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The Office of Cannabis Policy provides medical providers with tamper-resistant patient certification paper at no cost.

Where can I find statistical information on the medical program?

You may be interested in reviewing the annual reports or open data of the Maine Medical Use of Marijuana Program.

Caregivers/Dispensaries/Medical Providers

What do I need to apply for or renew a registry identification card (caregiver, caregiver assistant, dispensary employee, etc.)?

Complete and submit the appropriate medical use application(s). Supplemental instructions can be found for the following:

Among other things, you will need to provide a copy of your Maine-issued driver’s license or identification card as proof of residency. Please review all materials for completeness prior to submission to ensure their timely consideration and processing.

How long does it take to get my caregiver card?

Current law requires the Department to approve or deny an initial application or a renewal within 30 days of receipt. In the case of an approval, a registry identification card must be issued within five days of approval.

The average time frame to approve an application is currently one month.

See: 22 M.R.S. §2425-A

How much do caregiver cards cost?

The cost for a registry identification card varies depending on the number of plants being grown. At most, a registered caregiver may grow 30 mature plants or 500 square feet of mature plant canopy and 60 immature cannabis plants. The application fee for a canopy caregiver is $1,500.

Applications fees corresponding to total plant count with fees growing incrementally by $240.

Mature Plants Immature Plants Fee
6 12 $240
12 24 $480
18 36 $720
24 48 $960
30 60 $1,200

See: 22 M.R.S. §2425-A, 10-144 C.M.R. ch. 122, § 8(C)(1)

Where can I find information on which states authorize their residents to use their medical cannabis credential while visiting Maine?

OCP’s guidance on visiting patients and a list of approved states can be found here: https://www.maine.gov/dafs/ocp/medical-use/certification-process/visiting-patients.

Can I conduct sales to a visiting patient who presents a medical cannabis credential and a form of identification from two different states?

No. A visiting medical cannabis patient must possess photographic identification or a driver’s license from the same jurisdiction as their valid medical cannabis credential.

See: 22 M.R.S. §2423-D.

Cultivation

Has there been a change in the law governing how I can cultivate cannabis for qualifying patients?

As of April 26, 2022, PL 2021, ch. 662, An Act To Update and Clarify the Maine Medical Use of Marijuana Act, has been in effect. That law made changes to the definition of “cultivation area” and created definitions for “immature plant canopy” and “mature plant canopy”. These new definitions were integrated into the authorized conduct for registered caregivers detailed in 22 MRS § 2423-A(3)(B) and limited for dispensaries as detailed in 22 MRS § 2428(6)(I).

What is the definition of cultivation area?

22 MRS § 2422(3) defines cultivation area as “an indoor or outdoor area used for cultivation of mature marijuana plants, immature marijuana plants or seedlings in accordance with this chapter that is enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. A cultivation area may include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the same parcel or tract of land.”

I’m a caregiver. How many cultivation areas may I maintain?

Per 22 MRS § 2423-A(3)(B), a registered caregiver may maintain up to two cultivation areas – one for mature plant canopy cultivation, and another for the cultivation of immature plant canopy. The location of the registered caregiver’s cultivation areas for immature and mature plant canopy must be disclosed to the department on the caregiver’s application for, or renewal of, a caregiver registry identification card. In accordance with the changes implemented by PL 2021, ch. 662, a registered caregiver may maintain up to two cultivation areas, one for the cultivation of up to 60 immature cannabis plants or up to 1000 square feet of immature plant canopy and a second for the cultivation of up to 30 mature cannabis plants or up to 500 square feet of mature plant canopy.

How many cultivation areas may a dispensary maintain?

In accordance with 22 MRS § 2428(6)(I), registered dispensaries may maintain only one cultivation area, at a location disclosed to the department on the dispensary’s application for, or renewal of, a dispensary registration certificate. Registered dispensaries may cultivate all immature and mature cannabis plants required for the registered dispensary to assist qualifying patients.

Municipal Reimbursement

What is a qualifying expense?

For the purposes of this application, “qualifying expenses” means legal fees and costs associated with the drafting and adoption of a warrant article or the adoption or amendment of an ordinance. This includes the conduct of a town meeting or election by a municipality that opted to permit the operation of some or all adult use cannabis establishments within the municipality.

Examples of qualifying expenses include, but are not limited to, the following:

  • Attorney’s fees to research, draft and revise cannabis ordinances;
  • Staff and contractor time for research and drafting of cannabis ordinances, including staff time and overtime for council/planning board/town meetings;
  • Fees associated with providing notice of election and public meetings;
  • Staff time, including overtime and stipends, and other associated expenses, for the conduct of town meetings and elections and the tabulation and publication of the results thereof;
  • Attorney’s fees associated with development of legal opinions regarding local regulations; and
  • Other costs similar to or of the same character of the kinds of expenses listed above.

My town opted-in for medical but not recreational, do we still qualify for reimbursement?

No. At this time reimbursement is only permitted for costs associated with opting in to permit some or all kinds of adult use cannabis establishments to operate within your municipality.

Do towns have to opt-in to all license types to qualify for reimbursement or do towns just need to opt-in to one or more license type?

In order to qualify for reimbursement for qualifying expenses, a municipality must opt-in to permit the operation of at least one of the following kinds of adult use cannabis establishments: cannabis cultivation facilities, products manufacturing facilities, cannabis testing facilities or cannabis stores. Please note that a municipality may submit only one application for reimbursement of qualifying expenses, so if a municipality opts in to only some types of adult use cannabis establishments and submits an application for reimbursement to OCP, the municipality would not be eligible for additional reimbursement of qualifying expenses associated with opting-in to allow additional establishment types at a later time.

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What types of receipts will be accepted?

OCP will accept any kind of accounting that is detailed enough for OCP to determine whether the expenses submitted are qualifying expenses as described above. Such an accounting should provide, at a minimum, the following information:

  • The goods and/or services paid for (i.e. legal fees, newspaper advertising, overtime for staff to conduct municipal election);
  • A note regarding the salience of the goods/services paid for to the opt-in process (i.e. drafting of municipal ordinance, advertising town meeting where warrant article will be voted upon, conduct of municipal election where ordinance amendment was approved); and
  • The date of payment.

How many documents can I upload and in what format?

There is no limit on the number of documents that can be uploaded, but each uploaded document must be less than 30 MB. The following file types can be uploaded through the application portal:

How long will processing my application take?

Applications are processed by our office on a first come, first served basis. The office may temporarily postpone application processing any time the unencumbered balance in the Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund (“the Fund”) falls below $250,000.

Application processing times can vary greatly based upon the volume and completeness of reimbursement applications received and the availability of unencumbered funds in the Fund. When the available balance of the Fund falls below $250,000 in a fiscal quarter, the office may temporarily postpone processing of reimbursement applications until the Fund is replenished in the next fiscal quarter.

If the office temporarily postpones application processing, it will begin processing applications again on a first come, first served basis when funds are once again available. In determining whether an application for reimbursement is received by OCP within 3 years of opting in, OCP will use the date the application for reimbursement was submitted to OCP, not the date it was processed by OCP.

What happens after we submit our application?

Upon submission, you will receive an e-mail confirming that your application materials were submitted to OCP. OCP staff will then review your municipality’s application materials to ensure completeness.

OCP staff will review your municipality’s ordinance or warrant article to ensure that the municipality did, in fact, opt-in to permit the operation of adult use cannabis establishments within the municipality. Please ensure that the ordinance or warrant article submitted includes the effective date of the ordinance or warrant article.

OCP staff will review the accounting and any supporting documentation to determine whether all expenses reimbursed are qualifying expenses. We will reach out if it requires additional information to determine whether certain expenses are qualifying expenses.

OCP staff may determine certain expenses are not considered qualifying expenses and will provide the municipality with an opportunity to provide additional information to establish that the expenses are qualifying expenses.

If OCP determines that certain expenses submitted for reimbursement are not qualifying expenses, OCP will notify the municipality of the total amount of the expenses submitted that are considered qualifying expenses, as well as a list of those expenses not considered qualifying expenses.

Once OCP staff determines that your municipality is eligible for reimbursement for some or all the qualifying expenses submitted, you will receive an e-mail informing you that the municipality’s application has been approved for reimbursement.

Once approved, the municipality will receive reimbursement through the Advantage ID # submitted in the application materials.

We have opted-in for one kind of adult use license (e.g. only cultivation, manufacturing, testing, or sales); can we apply again for additional reimbursement if we opt-in for additional license types in the future?

A municipality may only apply for reimbursement of qualifying expenses once. The municipality may apply for reimbursement for any qualifying expenses (up to a total of $20,000 in qualifying expenses) within three years of passing or amending an ordinance or passing a warrant article. A municipality may apply for reimbursement of all qualifying expenses incurred through the process of developing or amending the ordinance or warrant article submitted as proof that the municipality opted in to permit adult use cannabis establishments within the municipality.

My town opted-in before 2022, can we still apply?

A municipality may apply for reimbursement of qualifying expenses if the municipality completed the opt-in process within three years of applying for reimbursement. However, a municipality may not submit an application for reimbursement of qualifying expenses more than three years after the municipality adopts a warrant article or adopts or amends an ordinance authorizing the operation of some or all adult use cannabis establishments within that municipality.

Do certain applications get priority over others?

No. OCP processes applications for reimbursement on a first come, first served basis. However, reimbursement of qualifying expenses may be delayed if the application is incomplete or OCP requires additional information from the applicant to determine eligibility.

I forgot to upload all the receipts for my application, what should I do?

Please contact Directory of Special Projects Tracy Jacques at [email protected] to determine how to submit any incomplete documentation.

Where do the funds used for reimbursement originate?

The Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund is funded by excise and sales tax revenues generated by the transfer and sale of adult use cannabis in accordance with 28-B MRS § 1101 and 36 MRS §§ 1818 and 4925.

General

Can I use cannabis if I am on probation?

For individuals on probation, there are rules and restrictions for cannabis that must be followed. Contact a probation officer to find out more.

Does Maine track and trace (seed-to-sale) cannabis products?

Maine requires the tracking and tracing of cannabis and cannabis products in our adult use program. OCP is in the process of deploying a software solution with Metrc to allow licensees and registrants to enter their information.

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Can I travel outside of Maine with cannabis?

It’s illegal to leave Maine with any cannabis products—medical or recreational. Do not cross state lines or approach border crossing with cannabis in your possession. Mailing cannabis from Maine is also illegal.

See: 21 U.S.C. § 812, CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border

Why does OCP use the term ‘cannabis’ instead of ‘marijuana’?

Cannabis is the legal term used in Maine law to describe the product and establishments we regulate and license.

5 countries where marijuana seeds are legal.

Are marijuana seeds legal? In some countries they are, but with special regulations.

Where can you buy cannabis seeds? In any specific retail shops and even online on Sensoryseeds.com! Marijuana seeds are legal in the U.K. and almost all of Europe (except Germany). Therefore, there is no risk in buying seeds on the Internet, of course, if the shop is genuine and offers seeds produced by an authorized seed bank.

RED CRITICAL

RAINBOWS

GORILLA GLUE

PSYCHO XXL AUTOMIX

For example, in our online cannabis seed online site, you can find auto-flowering (also fast flowering) hemp seeds and legal feminized seeds, produced by one of the best seed banks in the world, BSF seeds

Although the sale of cannabis seeds is legal in our country and several other states, there are some information you should know about. These are essential in order to not commit a crime. Continue to read this article to find out the 5 countries where cannabis seeds are legal and under what particular conditions.

1) Italy and cannabis seeds: legal: yes, but …

In Italy, the purchase and sale of cannabis seeds are legal, as they are THC-free products. As a result, they comply with the consolidated drug regulation law (presidential decree of 9 October 1990 n. 309) and do not violate Italian drug regulations.

Although hemp seeds are not a drug, if germinated, they lead to the growth of a plant that could produce THC-rich and therefore illegal flowers in the country.

Therefore, they are prohibited from sprouting indoors and outdoors and in greenhouses. These are seeds to collect, and using them to start growing cannabis is illegal. If you grow marijuana in Italy, you make a criminal offence – so you risk jail and a very high financial penalty. And even if you produce minimal quantities for personal use only, you would commit an administrative offence.

Therefore, you should pay a fine, and the judge may charge you for participating in a drug program in your area.

2) Spain and legal cannabis seeds.

In Spain, it is possible to sell and buy marijuana seeds.

Given the most permissive approach of this country, those who live in Spain can also plant seeds to start small crops for personal and private use, but it is necessary to be able to prove it to avoid problems with the law.

Of course, to demonstrate that this is not cultivation for drug trafficking purposes, it is strongly advised to limit yourself to small quantities, so very few seedlings.

After all, a person should not need more than one marijuana plant.

3) France and cannabis seeds: a situation similar to the one in Italy.

As for cannabis, France takes almost the same restrictive measures as Italy. As a result, those who live in France can sell (subject to authorization) collectable marijuana seeds, but those who buy these products cannot plant and germinate them.

Growing hemp seeds, and other cannabis-related actions – such as smoking it – are considered crimes. As a result, they result in imprisonment and fines.

4) The United Kingdom and the sale of cannabis seeds.

Even in the U.K., it is possible to sell and buy cannabis seeds, but also, in this case, the use is exclusively for the collection.

If you are in the U.K., you can buy these products (also from other countries like France), but you can’t germinate them. It is also essential to purchase collectable seeds only in authorized stores, physical or online, to avoid problems with the authorities if they carry out checks.

Now let’s move on to the country that you are probably the most curious …

5) Selling cannabis seeds in the Netherlands.

In Holland, you can legally buy cannabis seeds, but – contrary to what you might think – sprouting them is a crime. However, the authorities tend to apply a policy of tolerance for small crops for personal use, as is the case with smoking marijuana (also tolerated, but illegal).

Wondering if you can bring seeds from Amsterdam?

Well, we strongly advise you not to do so because you can arouse suspicion at the airport. Why on earth bring seeds from Amsterdam if you can buy them and have them delivered to your home in the U.K.?

Cannabis use: Is it possible to buy cannabis seeds in various countries?

The sale of cannabis seeds (and the consumption of the weed) is prohibited at federal level, but each country follows its specific legislation. In some U.S. states, it is also possible to use cannabis for recreational purposes, but in other federal states, it is still a crime.

The situation is also very confusing for cannabis seeds, so if you live in the United States, we advise you to thoroughly inquire about the laws of your state before you even buy the seeds.

In conclusion

Currently, the sale of cannabis seeds is allowed throughout Europe, except for Germany. Among all European states, however, it is possible to grow them only in Spain (only in the private sector and for strictly personal use, with a very modest culture).

In other countries, these seeds can only be purchased for collectors. Therefore, they cannot be germinated, as they could develop plants with abundant flowers in THC.

Can’t wait to buy your self-flowering and/or feminized cannabis seeds? Take a look at our collection seed offering on Sensoryseeds.com, and you’ll find that you’ll be fascinated to see such cannabis seeds online!