California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS.
The following restrictions also apply:
Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:
8.1. Simple possession of marijuana – HS 11357
The crime is punishable by:
Health and Safety Code 11358 HS is the California statute that defines the crime of illegal cultivation of marijuana. A conviction is a misdemeanor punishable by up to 6 months in county jail.
An accused is only guilty under this statute if:
California law says that some criminal convictions will cause a defendant to lose:
But are sales of cannabis seeds legal? Some growers serve both the grey and legal market marijuana seeds.
Internationally, many countries don’t restrict or regulate cannabis seed sales, as the seeds have a myriad of benign uses. These can include production of clothing material, oils and food for animals/fishing bait.
Genetic Seed Variations Can Be Protected Intellectual Property
Los Angeles marijuana dispensaries routinely sell pot seeds over-the-counter, and cost is roughly $12 for a pack of 10, though higher-end strains can run several hundred dollars. Dispensary options are limited compared to what one might find online at a California cannabis seed bank.
Those selling cannabis seeds in California, either in-store or online, need to be certain procedures are in place to prevent sales to restricted buyers (mostly minors).
Los Angeles marijuana lawyers recognize there is great diversity in seed genetics, and advise companies to seek counsel before arranging any kind of retail sale or transport.