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customs medical marijuana seeds

Except for certain low-value shipments, information on exports from the United States must generally be provided to the US Census Bureau in a filing known as the Electronic Export Information (“EEI”) based on requirements set out in the Foreign Trade Regulations (“FTR”). For instance, the EEI filing must identify the “Schedule B” number (a 10-digit number used in the United States to classify physical goods for export to another country based on the Harmonized System of classification codes), the ultimate consignee, and the country of ultimate destination, among others. Aside from being used for statistical purposes, EEI filings are reviewed by agencies such as BIS and OFAC for enforcement and export controls purposes.

All of the parties involved in a proposed transaction should be screened against the US restricted parties lists on a transaction-specific basis (such as prior to order acceptance/shipping). Some of the main US restricted parties lists include OFAC’s List of Specially Designated Nationals and Sectoral Sanctions Identifications List, and BIS’ Entity List and Denied Persons List. Depending on which list applies, the involvement of a restricted party could result in the transaction being prohibited or restricted. Also, entities that are 50% or more owned by certain kinds of restricted parties may themselves be restricted, even if not named on a list. Screening should include not only direct counterparties like customers and vendors but also banks, intermediaries, known end-users, etc. Restricted parties can be located anywhere in the world.

How should you ensure compliance?

What should you know about US customs laws?

For similar reasons, state and local law enforcement have also stopped hemp crossing state lines, as illustrated by the Big Sky Scientific case in which Idaho troopers seized hemp on its way from Oregon to Colorado. In that case, the hemp was determined to have a THC content at or below .3%, which is legal under federal law, but illegal under Idaho state law. In short, it is clear that imports of CBD products have a greater chance of being stopped by CBP than other products. To avoid unnecessary delays or compliance issues, importers should ensure that CBD imports are accompanied by all required documentation, including phytosanitary certificates, and satisfy all other applicable CBP import documentation requirements, such as the entry summary or entry manifest (as applicable), commercial invoice clearly showing data elements required for customs clearance purposes, and packing list (if applicable).

Below we summarize some of the key US trade compliance considerations for companies seeking to import or export these products. Because every export from the United States by definition involves an import into another country, there will always be at least one other jurisdiction’s import laws to consider.[1]

US trade laws are subject to robust enforcement, frequently resulting in significant fines, reputational damage, and settlement agreements that impose compliance program obligations on companies. It is safe to assume that imports and exports of these products could receive greater scrutiny by the US regulators, at least for the time being while the industry matures. In order to mitigate the risk of violations, companies interested in importing or exporting legal hemp and CBD products should develop and maintain compliance programs designed to ensure compliance with US export controls, sanctions, and customs laws and regulations. This includes procedures for product classification, licensing determinations, and restricted party screening processes.

The same is true for buying cannabis seeds in another country. It may sound like a great idea to buy cannabis seeds while visiting one of the world-renowned marijuana seed banks that exist in places such as the Netherlands or the United Kingdom. But when you re-enter the U.S. with your goods, Customs and Border Protection will seize any seeds they find, even if your plane landed in a state where they are legal. Again, it goes back to marijuana being illegal under federal law.

It is also an option to buy cannabis seeds online from an online seed bank and then have the seeds shipped to you, so long as you are abiding by state law. The risk here is that your package could still be confiscated. While it is unlikely that you would face criminal charges, there is no guarantee because of the way federal law treats marijuana products.

State law governs if and how you can operate your cannabis growing business, and each state takes a slightly different approach. Your state may offer a large number of permits with few prerequisites, a small number of permits with an extensive application process, or something in between.

How Much Do Cannabis Seeds Cost?

In the United States, cannabis seeds cannot cross state lines because marijuana products are still illegal under federal law. Though rare, transporting the products across state lines could result in federal criminal charges. This is true even if you are purchasing cannabis seeds in a state that authorizes it and entering a state that also authorizes it.

You shouldn’t have any trouble buying cannabis seeds in another state or country if it’s legal there. It’s bringing the seeds back to your home state that can get you into trouble.

If your business will include cannabis growing or cultivation, then you are probably wondering how to get your hands on weed seeds. legally. Before taking that step, though, make sure your business has the necessary license to operate legally in your state.

If you live in a state that permits the sale of marijuana seeds, your best bet is to shop locally for high-quality seeds. This means visiting a dispensary, local farmers market, or seed company in your state to make your purchase. There, you can get the in-person help you need to make your purchase legally.