Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation to decriminalise cannabis at the federal level… Here is the list of states where buying marijuana seeds online is not illegal: I've always wanted to buy seeds online but im a bit nervous regarding the penalty for getting caught by Customs, what exactly happens if they do find seeds…
The curious case of cannabis seeds and the criminal law
Blog Corker Binning Blog
Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation to decriminalise cannabis at the federal level. In the UK, institutions as diverse as the Green Party and the Institute of Economic Affairs have added their voices to the chorus of people calling for cannabis to be legalised. Against this background, a recent extradition request from the US to the UK has exposed an intriguing discrepancy between the criminal laws of both countries concerning cannabis seeds.
In The Queen on the application of the United States of America v Gypsy Nirvana  EWHC 706, the US sought the extradition from the UK of a defendant accused of trafficking, exporting and importing marijuana seeds (and related money laundering). The District Judge at first instance found, and the Divisional Court on appeal agreed, that this conduct did not constitute a criminal offence contrary to UK law. Thus the “double criminality” rule of extradition was not satisfied, i.e. had the defendant trafficked, exported or imported marijuana seeds in the UK, he could not have been prosecuted in the UK. The defendant was therefore discharged from the extradition proceedings.
The Court’s decision is based on a deliberate but nonetheless curious lacuna in UK law. Cannabis has been classified as an illegal drug in the UK since 1928 (and since 1971 it has been illegal for doctors to prescribe it for medical use). However, at no point have cannabis seeds been criminalised under UK law. Cannabis seeds are not a controlled drug for the purposes of the Misuse of Drugs Act 1971 (“MDA”). Consequently, selling cannabis seeds is not a supplying offence, nor is the export or import of cannabis seeds prohibited or restricted. The Court in Gypsy Nirvana cited with approval R v Jones  2 Cr App R 10, in which Leveson LJ observed that:
“it is not illegal to offer for sale or supply the paraphernalia associated with smoking cannabis and nor is it illegal to offer for sale or supply the equipment necessary to grow the plant, books which explain how cannabis may be grown or, indeed, cannabis seeds. As a result, there are a number of shops and other outlets which offer these goods for sale but it is obviously very important that these premises do not overstep the line and incite the commission of an offence.”
The reference to “overstepping the line” is understandable in light of section 6(1) MDA, which criminalises the cultivation of any plant of the genus cannabis. If D1 sells cannabis seeds to D2, D1 may, depending on the facts, be regarded as committing an inchoate criminal offence by inciting D2 to cultivate cannabis. In these circumstances, which inchoate offences could D1 be charged with?
Although the common law offence of incitement was repealed in 2008, several statutory offences of incitement remain in force. These include section 19 MDA, which provides that:
“It is an offence for a person to incite another to commit an offence under any other provision of this Act.”
There are similar offences in sections 44-46 of the Serious Crime Act 2007 (“SCA”). Section 44 SCA criminalises intentionally encouraging or assisting an offence. Section 45 SCA criminalises encouraging or assisting an offence, believing it will be committed. Section 46 SCA criminalises encouraging or assisting offences, believing one or more of those offences will be committed. A UK-based operator of a cannabis seed business is potentially exposed to all of these inchoate offences, even though cannabis seeds are not themselves illegal. When, therefore, does selling something which is not itself illegal attract criminal liability because the circumstances of the sale are such that they constitute incitement to commit an offence? Case law provides some guidance.
In R v Marlow  1 Cr App R 273, the defendant appealed against his conviction for incitement to cultivate cannabis contrary to section 19 MDA. The defendant had sold approximately 500 copies of his book on cannabis cultivation. The prosecution argued that the book was a “grower’s guide”, such that the defendant’s intention in inciting others to cultivate cannabis was self-evident. The defence argued that the book simply gave advice and information which was freely available elsewhere, and that its sale was too remote from the actions of those reading it to constitute incitement. His conviction was upheld.
Similarly, in Jones, the defendant’s conviction was upheld for incitement to cultivate cannabis contrary to section 19 MDA. The defendant’s shop sold smoking paraphernalia and hydrophonics equipment. An undercover police officer went to the shop to make test purchases and, posing as a would-be cannabis grower, asked the defendant for advice. After what was alleged to be a pretence that they were discussing tomatoes, that advice was freely given. The prosecution case was that the advice and sale of equipment amounted to incitement. The defence argued that the items he sold were not illegal and that he had taken steps to ensure he stayed within the law, i.e. not mentioning cannabis by name, only mentioning tomatoes, telling the undercover officer that it was illegal to cultivate cannabis and pointing to notices in the shop advising that it was illegal to cultivate cannabis. The Court found that it was open to the jury to conclude that the word “tomatoes” was no more than a device to avoid saying the word “cannabis”, and that the defendant’s positive advice about the safest and most productive way to grow “tomatoes” was evidence of an intention to incite cannabis cultivation.
To prove an offence of incitement it is not necessary to prove that anyone was in fact incited. The offence of incitement is committed when the inciting words or conduct take place. In Marlow, the book was capable of persuading someone to cultivate cannabis, and it was clearly published and sold for that purpose, regardless of whether anyone tried to implement its advice. Likewise, in Jones, the advice relayed to the undercover officer, together with the sale of the equipment, evidenced a desire to encourage the officer to cultivate cannabis.
In light of Marlow and Jones, it might be asked: doesn’t the act of selling cannabis seeds constitute sufficient incitement to cultivate them contrary to section 19 MDA or sections 44-46 SCA? What, after all, is the purpose of selling industrial quantities of cannabis seeds, often to repeat customers, if not for their cultivation? Even if the seller puts disclaimers on his website that cannabis cultivation is illegal, that is no different to the defendant in Jones who plastered his shop with such warnings to maintain a veneer of legality.
In Gypsy Nirvana, the court’s answer to these questions was that the essential conduct alleged against the defendant in the US was trafficking, exporting and importing marijuana seeds. There were no analogue offences under UK law which mapped onto this conduct. The conduct alleged in the US was not described as a conspiracy to cultivate cannabis, nor encouraging or assisting cannabis cultivation, for which there would be analogue offences under UK law.
Arguably, this is a narrow and artificial application of the dual criminality rule. It is well-established that the analogue offence under UK law does not need to be on all fours with the offences alleged in the requesting state. Extradition practitioners will be aware that, in practice, the UK courts often adopt a purposive (some might say creative) approach to finding a UK offence which maps onto the conduct alleged by the requesting state.
But in Gypsy Nirvana, unlike in Marlow or Jones, it seems that there was no evidence that the defendant had said or done anything which could be construed as positive encouragement or advice as to how the seeds should be cultivated. The evidence in the US extradition request proved only that the defendant had sold the seeds. Even the widely and elaborately drafted inchoate liability provisions of the SCA (which postdate Marlow and Jones) could not stretch wide enough to capture the conduct of which the defendant was accused. These provisions could not be used to close the deliberate lacuna in UK law that the mere selling of cannabis seeds is lawful, unlike the position under US law.
If cannabis is legalised in the US, the case of Gypsy Nirvana will become no more than an interesting but academic footnote. Its long-term interest is that it illustrates the limitations of the law of incitement, not just in relation to drugs offences, but across the whole panoply of offences in English criminal law.
Is It Illegal to Buy Marijuana Seeds Online in Your State?
Is It Illegal to Buy Marijuana Seeds Online in Your State ?
Here is the list of states where buying marijuana seeds online is not illegal :
Al aska, Arizona, Ark ansas, California, Colorado, Connect icut, Del aware, Florida, Haw aii, Ill inois, M aine, Mary land, Mass achusetts, Michigan, Minnesota, Miss ouri, Mont ana, Nev ada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Ok lahoma, Oregon, Penn sylvania, Rh ode Island, V erm ont, Washington, West Virginia.
When a state has not legalized marijuana , it is considered illegal to grow it . So , buying marijuana seeds from an online seed bank might be illegal in those states .
There are some states that have decriminal ized the possession of marijuana , but it is still illegal to buy it . In those states , it might be also illegal to buy marijuana seeds . The states that have decriminal ized the possession of marijuana are :
Al aska, California, Colorado, Connect icut, Del aware, Haw aii, Ill inois, M aine, Mary land, Mass achusetts, Minnesota, Miss ouri, Mont ana, Nev ada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oregon, Rh ode Island, V erm ont, Washington.
It is important to know the laws in your state before you buy marijuana seeds online .
Is Ordering Cannabis Seeds Online Safe?
When considering whether or not to buy marijuana seeds online, it’s important to consider the risks involved. While some seed companies are legitimate and operate within state laws, others may be operating illegally. In some cases, this could lead to you being arrested and charged with a crime.
Before ordering any cannabis seeds, it’s important to do your research. Make sure you know which companies are legal in your state and which aren’t. If you have any concerns about an order you’ve placed, don’t hesitate to contact the company directly. They should be able to help you out if there are any issues with your order.
What are the consequences of buying marijuana seeds online?
Buying marijuana seeds online can be a risky proposition, as it is illegal in many states to possess or purchase cannabis seeds. If you are caught with marijuana seeds in your possession, you could face criminal charges and fines. Additionally, buying marijuana seeds online could lead to a drug trafficking charge if you are caught selling or distributing the seeds to others.
Even if you are not caught with the seeds, buying them online could still lead to legal trouble. In some states, it is illegal to possess marijuana seeds without a license from the state. Additionally, some states have laws prohibiting the sale of any type of cannabis seed products. If you are found selling or distributing marijuana seeds online in violation of state law, you could face criminal charges and penalties.
How to stay safe when buying marijuana seeds online
Check the laws in your state
When it comes to buying marijuana seeds online in your state, there are a few things you should keep in mind. First, always make sure that the seller is using a secure website and that they are abiding by all local ordinances – some states have laws prohibiting the sale of cannabis seeds. Additionally, be sure to know your state’s laws on growing marijuana – as different states allow for specific methods of cultivation (such as indoor or outdoor), it is important to check with your local authorities before planting any weed seeds. Finally, if you do decide to buy weed seeds online, be aware of the potential dangers associated with this practice. While buying these products from legitimate sellers can help avoid many risks, be sure to stay safe by following all common safety precautions when buying anything online.
Research the seller
When buying marijuana seeds online, it is important to do your research and make sure the seller is reputable. There are a few things to look for when researching a seller:
- The seller’s website should be well designed and easy to navigate.
- The seller should have a good reputation and be well known in the cannabis community.
- The seller should have a secure website and be able to provide proof of shipping.
- The seller should have a good return policy in case you are not satisfied with the product.
Be aware of shipping restrictions
If you’re thinking of buying marijuana seeds online, be aware of shipping restrictions in your state. In most states, it’s illegal to ship marijuana across state lines. This means that if you buy marijuana seeds online, the package will most likely have to go through customs before it reaches you. Make sure you check your state laws before making a purchase.
Know what to look for in quality seeds
When shopping for marijuana seeds online, it is important to be aware of possible risks and consequences. Some states have laws prohibiting the purchase or possession of marijuana seeds, so buyers should be aware of the laws in their state. Additionally, many criminals cultivate illegal marijuana crops, so buyers should be cautious about who they deal with and make sure to get a quality product from a reputable source. Here are some tips for staying safe when buying marijuana seeds online:
Look for vendors that have been approved by your state government. Many states have websites that list approved vendors, so buyers can easily find qualified sellers.
Check the seller’s credentials. Make sure the vendor has a valid license and is in compliance with state regulations.
Be wary of suspicious sellers. If something feels too good to be true, it probably is! Be careful about who you deal with, and do your research before buying anything online.
Are there any risks associated with buying marijuana seeds online?
The risks of buying marijuana seeds online
There are a few risks associated with buying marijuana seeds online. The first is that you may not be getting the quality seeds you expect. Many of the seed sellers online are not licensed dealers, so they may not have the best quality control. Additionally, some of the sellers may sell fake or low-quality seeds.
The second risk is that you may get arrested if you try to buy marijuana seeds online in a state where it is illegal to do so. In most states, it is illegal to buy or sell marijuana seeds, even if you are buying them from a licensed dealer. If you are caught buying marijuana seeds online, you could be arrested and charged with a crime.
What are the risks of buying marijuana seeds online?
Marijuana seeds are not regulated by the government like other crops, which means that they can be bought and sold at any time. This has led to a large market for marijuana seed packets and some people argue that this increases the risk of buying contaminated or fraudulent seeds. There have also been cases of dealers shipping illicit drugs in with the seeds, so there is always a small risk of receiving something harmful in exchange for your money. However, it’s important to remember that these risks are relatively small when compared to those associated with smoking marijuana itself.
Is it safe to buy marijuana seeds online?
There are a few things to consider before buying marijuana seeds online. First, make sure the website you’re using is reputable and has a good reputation. Second, be sure to research the specific strains of marijuana that you’re interested in buying seeds for. Third, be aware of any potential risks associated with buying marijuana seeds online.
Some states have laws prohibiting the sale of marijuana seeds, so it’s important to be aware of your state’s laws before buying any seeds. Additionally, some websites may charge additional fees for shipping or may not ship to certain states. Finally, be aware of any potential scams involving marijuana seeds online.
What are the dangers of buying marijuana seeds online?
Buying marijuana seeds online can be a great way to get your hands on some high-quality cannabis without having to pay huge amounts in dispensaries. However, there are also risks associated with this method of purchasing. If you’re not careful, you could end up getting taken advantage of by unscrupulous sellers. Here are some things to look for when buying marijuana seeds online:
Make sure the seller is licensed in your state. Legitimate dealers will have a license from the state in which they operate, and they will use this license to track sales and comply with legal requirements. illegitimate sellers may use fake names or addresses, making it difficult for authorities to track them down if something goes wrong.
Confirm that the seller has a good reputation. If you’re looking for a reputable source, try checking online review websites or contacting users who have previously purchased from the seller. Be sure to read the reviews carefully, as poor ratings could be an indication of shady business practices.
beware of fake marijuana seeds! Many illegitimate sellers offer knockoff versions of well-known strains, hoping to lure in unsuspecting customers. Make sure to buy cannabis seeds from a trusted source that is known for quality products.
Do your research before buying. Before clicking buy, be sure to do your research and understand the different types of cannabis available and their respective benefits/disadvantages. This will help you make an informed decision about which strains are right for you.
Should you be worried about being charged with a crime if you purchase marijuana seeds online?
The Different Laws in Each State
In most states, it is not illegal to purchase marijuana seeds online. However, there are a few states where purchasing marijuana seeds online could lead to criminal charges. In these states, it is illegal to possess or purchase marijuana seeds without a state-issued license. If you are arrested for purchasing marijuana seeds online in one of these states, you could be charged with a crime.
The Federal Law on Marijuana Seeds
If you are looking to buy marijuana seeds online, there is a chance that you may be breaking some state or federal laws. In order to answer the question of whether or not it is illegal to purchase marijuana seeds online, one must first understand the current laws surrounding cannabis.
Cannabis is currently legal for recreational use in 33 states as well as Washington D.C., while medicinal use is legal in a total of 29 states. However, the federal government classifies cannabis as a Schedule I drug, meaning that the government believes that it has no potential for medical benefits and may even have negative side effects. This means that buying and possessing cannabis seeds (even if they are intended for future planting) is considered illegal under federal law.
There is a chance that you may be breaking state law if you purchase marijuana seeds online. Each state has its own laws governing the sale and possession of cannabis, and it is possible that purchasing marijuana seeds online would be considered a violation of state law. In addition, some states have laws prohibiting the sale of any type of cannabis products, regardless of whether or not they are intended for planting. If you are looking to purchase marijuana seeds online, it is important to check the laws in your state before making any purchases.
What Happens if You Get Caught with Marijuana Seeds
So you’re thinking about buying some marijuana seeds online. Is it okay? Well, that depends on your state. In many states, it’s still illegal to buy marijuana seeds or grow plants for personal use. That means if you’re caught with those seeds or plants, you could be charged with a crime. However, there are a few exceptions: Washington and Colorado and others have legalized recreational marijuana, so buying and using cannabis seeds is now legal in these states. Oregon and Alaska have also legalized marijuana, so you may want to check the laws in your area before purchasing any marijuana seeds online.
How to Purchase Marijuana Seeds Online Safely
If you’re thinking of purchasing marijuana seeds online, be careful. In some states, it’s illegal to purchase them. This doesn’t mean that all online retailers are breaking the law – just that buying weed seeds from an unlicensed source can get you into trouble.
Here are a few tips for safely buying marijuana seeds online:
Research your state’s laws before making a purchase. It’s not always easy to tell which websites are in compliance with state law and which aren’t, so do your homework first. If you’re unsure about whether or not an outlet is licensed by your state, take a look at their website and see if they list their license number anywhere on the website.
Shop around before making any purchases. There are a lot of reputable online retailers out there, but you don’t want to end up spending too much money on something that you may not be able to use. Compare prices and read reviews before making your purchase.
Use a VPN when shopping for marijuana seeds online. A VPN encrypts your traffic and makes it difficult for anyone monitoring your online activity to track it back to you. This is especially important when buying marijuana seeds online.
Use a payment method that’s safe and secure. Some of the most popular payment methods for online retailers are PayPal and Bitcoin, but be sure to research which ones are safe and which ones aren’t before using them. Some shady merchants may try to charge you extra fees for using these payment methods, so be sure to read the fine print before making a purchase.
How to find legitimate, quality marijuana seed sellers
One of the most popular ways to purchase marijuana seeds online is through an online seed seller. There are a few things you should keep in mind when looking for a reputable seed seller. First, make sure that the company is legitimate and has a good reputation. Second, be sure to research the types of strains available from the seller before making your purchase. Finally, always make sure to buy from a trusted source and use caution when downloading files from unknown sources.
Can non-residents purchase marijuana seeds online in their state?
Marijuana seeds can only be purchased from a state-licensed dispensary, so it is illegal for non-residents to purchase them. However, some online retailers may sell marijuana seeds to residents of other states, as long as the seeds are not being sold for use in the state where they were purchased.
Why Are Most of the Top Seed Banks International?
Most of the top seed banks are international, as they cater to customers all over the world. This is because it is much easier and cheaper to ship seeds across international borders than it is to build a brick-and-mortar store. This also allows seed banks to offer lower prices than their American counterparts, since they do not have to pay for expensive overhead costs like rent or staff salaries.
Will Customs Confiscate My Cannabis Seeds?
The customs and border patrol agents do not care about cannabis seeds . They are mostly interested in drugs . If you are ordering cannabis seeds online , they will probably not confisc ate them . However , if you are ordering a large amount of cannabis seeds , it is possible that the customs and border patrol agents will take an interest in you .
It is also possible that the customs and border patrol agents will confisc ate your cannabis seeds if they believe that you are going to use them to grow cannabis .
Is It Illegal to Send Seeds in the Mail?
Can you legally send cannabis seeds in the mail? This is a common question among cannabis growers, as it can be hard to determine whether or not purchasing and sending cannabis seeds across state lines is illegal. In general, many states have laws that make it illegal to possess marijuana seeds without a permit from the state government. However, most of these laws do not prohibit individuals from buying and sending seeds within their own state. In some cases, however, enforcement agencies may confiscate any plants or materials related to cultivation if they are found in the mail. If you’re unsure about the legality of sending your seeds across state lines, contact your local law enforcement agency for clarification.
If you are considering buying marijuana seeds online, it is important to first check the laws in your state. While it may be legal to purchase seeds online, there can be consequences for doing so. It is important to only buy from reputable sources, and to be aware of the risks involved.
Busted for buying seeds online ?
I’ve always wanted to buy seeds online but im a bit nervous regarding the penalty for getting caught by Customs, what exactly happens if they do find seeds in your packaging. Has anyone been to jail, got a ticket or had to appear in court over buying seeds online ? The last thing my wife and daughter needs is daddy going to jail or going to court and me losing my job over something like this. any insight is much appreciated.
Look here’s the deal you are one small peaon in a great war. Yes there is a chance of getting caught bring seeds into the us, but it about the same chance as crossing the street and getting hit by a car. First off get a prepaid card, second order from a reputable comany. i.e. attitude, don’t be a fool and opt out for the stealth shipping. pay for it. never ship seeds were you are growing big mistake. That’s what Johnny Law wants plants, not some measly old seeds. If you get a letter from the post office saying you got a package to come and get. fuck it chuck it up as a loss and move on. Lastly if seeds do get caught in customs, the only repercussion you have to fear is a pretty pink slip letting you know that the importation of cannabis seeds in the us is illegal. No law enforcement is going to was dollars to bust some trying to import seeds, now investigations of possible grow site is real, hence why we don’t send see to where we are growing. Follow these rules and you will have great harvests for many years. By the way been ordering from attitude seed bank for 3 years and have yet to have an order seized. A+++ service with freebies everytime you order from the, and me likes the freebies.
PS. DON’T TELL ANYONE YOPU ARE GROWING MARIJUANA, WIFE INCLUDED. YOU FORGOT YOUR WEDDING ANIVERSERY AND NOW SHE IS PISSED AT YOU THINGS GET WORSE, NOW SHE WANTS TO LEAVE NEXT THING YOU KNOW THE LAW AND CYS IS AT YOUR DOOR. TRUST NO ONE, IF YOU CAN’T KEEP A SECRET HOW CAN YOU EXPECT ANYONE ELSE TO. THE PEOPLE YOU THINK ARE SAFE ARE THE PEOPLE YOU HAVE TO WORRY ABOUT. TRUST ME I HAVE BEEN THERE AS WELL AS MANY OTHER JUST TURN ON THE 5 O CLOCK NEWS.