Editor’s Note: Please see our article on MAGA attempts to sabotage the legality of marijuana seeds in 2025.

One of the hardships of growing marijuana from seeds has been that importing marijuana seeds from foreign sellers or sending them intra-state in the USA was considered illegal.

A small but significant percentage of growers buying cannabis seeds from outside the USA used to receive scary letters from U.S. Customs and Border Patrol (CBP) stating “contraband” was seized, and warning of felony charges for importing marijuana.

In only a few cases did we hear that a CBP seizure of marijuana seeds led to an investigation and arrest of a grower.

We started researching the issue again recently after hearing from growers that scam seed companies such as Humboldt Seed Organization and foreign seed re-sellers are refusing to give refunds or send replacement orders when seeds didn’t make it to growers who paid for them.

The scammers blamed the American government, including CBP and the United States Postal Service, for seizing cannabis seeds at the border or during intra-state shipment.

Growers knew that in the past seed orders were seized, and thus trusted that the scammers were telling the truth about the missing shipment.

But since 2022, the DEA and CBP publicly stated a policy change based on interpretation of The Agriculture Improvement Act of 2018 that removed hemp and hemp seeds from DEA’s list of illegal substances, as long as the seeds contain 0.3 percent or less of THC.

At the end of this article is the text of an official letter sent to a New York attorney in early 2022, explaining this change.

And although we are not attorneys, it looks like people overseas and in the USA who want to send marijuana seeds to others in the USA are no longer violating federal laws.

One of the most important takeaways from this policy change is that marijuana seeds sellers who hide behind marijuana illegality to make excuses for scamming customers no longer have any justification for their claims.

For example, the ultra-ripoff Humboldt Seed Organization told an American amateur grower who ordered seeds direct from the company but never received them that the seeds had been sent but were seized at the border.

The grower was puzzled by this, in part because Humboldt Seed Organization claims to be a California marijuana seeds company based in Northern California’s Emerald Triangle. If it really is based in California, the grower wondered, why were the seeds being sent from outside America?

The grower never received a letter from Border Patrol stating that a shipment had been seized. Nor could Humboldt Seed Organization provide any documentation showing they had ever sent the seeds.

And as is typical for greedy scammers, the company refused to issue a refund or send replacements.

Humboldt Seed Organization has more problems than just that they don’t ship seeds after customers pay for them, and then lie about it.

In fact, their entire company bio is a scam. It looks like they decided to steal the name and biography of one of the best seed companies in the world, Humboldt Seed Company, when they created their business model and public marketing.

But Humboldt Seed Organization is not the only marijuana seeds scammer. Sad to say, most marijuana seeds companies are selling inferior genetics and/or engaging in ripoff tactics that harm growers.

Please read our article on avoiding marijuana seeds scammers, so you won’t get ripped off.

Now, here’s the text of a letter the DEA sent in January 2022 when asked if shipping marijuana seeds is legal or illegal:

“This is in response to your email of November 18, 2021 in which you request the control status of Cannabis Sativa L. seeds, tissue culture, and any other genetic material of Cannabis Sativa L. under the Controlled Substances Act (CSA).

You state that the seeds, tissue culture, and other genetic material have delta-9 tetrahydrocannabinol concentrations of not more than 0.3% on a dry weight basis. The Drug Enforcement Administration (DEA) conducted a review of the CSA and its implementing regulations with regard to this question.

Title 21 of the United States Code (U.S.C.) § 802(16) states that the term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, and any compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.”

The CSA excludes from that definition “hemp.” 21 U.S.C. § 802(16)(B)(i). The term “hemp” is “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” 7 U.S.C. § 1639o.

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. Conversely, marihuana seed having a delta-9-tetrahydrocannabinol concentration more than 0.3 percent on a dry weight basis is controlled in schedule I under the CSA as marihuana.

Likewise, other material that is derived or extracted from the cannabis plant such as tissue culture and any other genetic material 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.

Conversely, tissue culture and any other genetic material derived or extracted from the cannabis plant having a delta-9-tetrahydrocannabinol concentration more than 0.3 percent on a dry weight basis is controlled in schedule I under the CSA as marihuana. If you have any further questions, please contact the Drug and Chemical Evaluation Section at DPE@usdoj.gov or (571) 362-3249.”