I wanted to draw this to the attention of Canadian ICM members who, from time to time, cross various plants and trade seeds with other growers on ICM via the mail, who sell via SeedBay, or who donate seeds to Gypsy.
Under the current provisions of the CDSA, it is against the law to traffick in viable cannabis seeds. It is, however, a law that is very rarely prosecuted, as the nature of the charge requires that the Crown prove the seller knows the seed is viable or represents that it is. That is extremely difficult to prove. Moreover, the sentence in respect of the crime is also very low. A fine or, at most, 1 or 2 months.
Consequently, it's a provision of the CDSA which is honoured more in the breach than in the observance.
As many of you probably know, there are many large Canadian Seeds Banks who operate retail store front operations in Canada's largest cities without trouble because of the practical impossibility of the Crown securing a conviction for trafficking in viable cannabis seeds in Canada.
The law is about to change in a very significant way.
Bill C-15 was approved today by the Standing Senate Committee on Legal and Constitutional Affiairs. Whether the amendments the Committee made to Bill C-15 are approved by the full Senate or not, a vote on Bill C-15 by the full Senate is imminent and the Bill will soon come into law - in either amended form or in the form as passed by the House of Commons.
The proposed amendments do not affect the production of seed issue. Either version of the Bill is certain to have potentially serious consequences for seed breeders in Canada. You need to know about this and make an informed decision about your grow.
Bill C-15 does not change the law in connection with trafficking in viable cannabis seeds. But what it DOES do is change the law in connection with the production of viable cannabis seeds.
If you produce viable cannabis seeds for the purpose of trafficking, the minimum mandatory penalty is 12 months imprisonment. There are, in addition, a number of possible factors which, if present, will raise that mandatory minimum to 18 months.
18 months, for growing a single seed for the purpose of giving it away. I know it's crazy - but there it is.
To be clear: trafficking does NOT mean sale. It includes trading seeds and even giving them away.
Proving the intention to create viable seeds is far easier than proving an intention to traffick a viable cannabis seed is. And the penalty which, previously, didn't make the charge worth pursuing has now changed. It's at LEAST 12 months minimum in jail if they prove that charge.
Worse, if:
(a) you grow your cannabis seeds in rented property or in a house not registered in your name; or,
(b) there are children present at the property where the grow occurs who are subject to a "security, health or safety hazard" by reason of the grow; or,
(c) the grow house is in a residential area, and presents a public safety hazard; or
(d) there is a trap present in the grow area,
Then you will go to prision for a minimum of 18 months for growing those seeds with the purpose of trafficking in them.
Yes. I'm dead serious. Growing even one damn seed.
Where does it Say That in Bill c-15?
It says it here:
3 (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
[Subsection (3) deals with the property ownership, children, public safety hazard, and trap provisions of C-15]
Because the minimum sentence imposed refers to CDSA's Schedule II - and viable Cannabis seeds are covered in the general definition of Schedule II, although not specifically referred to, they are not covered in the "other than cannabis (marihuana)" reference in s. 3(a.1). Viable Cannabis seeds are simply covered in Schedule II as part of the general definition of "Cannabis, its preparations, derivatives and similar synthetic preparations". This has been settled in prior case law .
The penalties for production for the purpose of trafficking in "cannabis (marihuana)" are specifically excepted and receive a lesser penalty under Bill C-15. But that exception does not apply to viable cannabis seeds, so the general sentencing provision prevails with viable seeds.
The real intention of the more stiff sentencing provisions in Bill C-15 were put there to cover Hash, Hash oil, BHO and bubble hash production. But nevertheless, because of the way s. 3(a.1) is drafted, producing viable cannabis seeds are not part of the less severe penalties contained in Bill C-15 for production for the purposes of trafficking in marijuana bud itself.
If you have engaged in the past in trading your seeds, or in giving them away, or selling them or, yes, donating them, you need to be aware that if you engage in that AND you are producing those seeds, you can face a very stiff sentence that before C-15, you would never have received.
Again, it's not the trafificking in cannabis seeds which is more problematic under C-15 - it's the production of viable seeds which is about to be far more problematic under Canadian law.
****************
CDSA- SCHEDULE II
(Sections 2, 3, 4 to 7, 10, 29, 55 and 60)
1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:
(1) Cannabis resin
(2) Cannabis (marihuana)
(3) Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2 –cyclohexen–1–yl]–5–pentyl–1,3–benzenediol )
(4) Cannabinol (3–n–amyl–6,6,9–trimethyl–6–di benzopyran–1–ol)
(5) Nabilone ((±)–trans–3–(1,1–dimethylhept yl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy –6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)
(6) Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8 ,9, 10–tetrahydro–6–dibenzopyran–1 –ol)
(7) Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3– pentyl–6H–dibenzo[b,d]pyran–1–ol)
(7.1) 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)
but not including
(8) Non–viable Cannabis seed, with the exception of its derivatives
(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks
Under the current provisions of the CDSA, it is against the law to traffick in viable cannabis seeds. It is, however, a law that is very rarely prosecuted, as the nature of the charge requires that the Crown prove the seller knows the seed is viable or represents that it is. That is extremely difficult to prove. Moreover, the sentence in respect of the crime is also very low. A fine or, at most, 1 or 2 months.
Consequently, it's a provision of the CDSA which is honoured more in the breach than in the observance.
As many of you probably know, there are many large Canadian Seeds Banks who operate retail store front operations in Canada's largest cities without trouble because of the practical impossibility of the Crown securing a conviction for trafficking in viable cannabis seeds in Canada.
The law is about to change in a very significant way.
Bill C-15 was approved today by the Standing Senate Committee on Legal and Constitutional Affiairs. Whether the amendments the Committee made to Bill C-15 are approved by the full Senate or not, a vote on Bill C-15 by the full Senate is imminent and the Bill will soon come into law - in either amended form or in the form as passed by the House of Commons.
The proposed amendments do not affect the production of seed issue. Either version of the Bill is certain to have potentially serious consequences for seed breeders in Canada. You need to know about this and make an informed decision about your grow.
Bill C-15 does not change the law in connection with trafficking in viable cannabis seeds. But what it DOES do is change the law in connection with the production of viable cannabis seeds.
If you produce viable cannabis seeds for the purpose of trafficking, the minimum mandatory penalty is 12 months imprisonment. There are, in addition, a number of possible factors which, if present, will raise that mandatory minimum to 18 months.
18 months, for growing a single seed for the purpose of giving it away. I know it's crazy - but there it is.
To be clear: trafficking does NOT mean sale. It includes trading seeds and even giving them away.
Proving the intention to create viable seeds is far easier than proving an intention to traffick a viable cannabis seed is. And the penalty which, previously, didn't make the charge worth pursuing has now changed. It's at LEAST 12 months minimum in jail if they prove that charge.
Worse, if:
(a) you grow your cannabis seeds in rented property or in a house not registered in your name; or,
(b) there are children present at the property where the grow occurs who are subject to a "security, health or safety hazard" by reason of the grow; or,
(c) the grow house is in a residential area, and presents a public safety hazard; or
(d) there is a trap present in the grow area,
Then you will go to prision for a minimum of 18 months for growing those seeds with the purpose of trafficking in them.
Yes. I'm dead serious. Growing even one damn seed.
Where does it Say That in Bill c-15?
It says it here:
3 (a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
[Subsection (3) deals with the property ownership, children, public safety hazard, and trap provisions of C-15]
Because the minimum sentence imposed refers to CDSA's Schedule II - and viable Cannabis seeds are covered in the general definition of Schedule II, although not specifically referred to, they are not covered in the "other than cannabis (marihuana)" reference in s. 3(a.1). Viable Cannabis seeds are simply covered in Schedule II as part of the general definition of "Cannabis, its preparations, derivatives and similar synthetic preparations". This has been settled in prior case law .
The penalties for production for the purpose of trafficking in "cannabis (marihuana)" are specifically excepted and receive a lesser penalty under Bill C-15. But that exception does not apply to viable cannabis seeds, so the general sentencing provision prevails with viable seeds.
The real intention of the more stiff sentencing provisions in Bill C-15 were put there to cover Hash, Hash oil, BHO and bubble hash production. But nevertheless, because of the way s. 3(a.1) is drafted, producing viable cannabis seeds are not part of the less severe penalties contained in Bill C-15 for production for the purposes of trafficking in marijuana bud itself.
If you have engaged in the past in trading your seeds, or in giving them away, or selling them or, yes, donating them, you need to be aware that if you engage in that AND you are producing those seeds, you can face a very stiff sentence that before C-15, you would never have received.
Again, it's not the trafificking in cannabis seeds which is more problematic under C-15 - it's the production of viable seeds which is about to be far more problematic under Canadian law.
****************
CDSA- SCHEDULE II
(Sections 2, 3, 4 to 7, 10, 29, 55 and 60)
1. Cannabis, its preparations, derivatives and similar synthetic preparations, including:
(1) Cannabis resin
(2) Cannabis (marihuana)
(3) Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2 –cyclohexen–1–yl]–5–pentyl–1,3–benzenediol )
(4) Cannabinol (3–n–amyl–6,6,9–trimethyl–6–di benzopyran–1–ol)
(5) Nabilone ((±)–trans–3–(1,1–dimethylhept yl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy –6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)
(6) Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8 ,9, 10–tetrahydro–6–dibenzopyran–1 –ol)
(7) Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3– pentyl–6H–dibenzo[b,d]pyran–1–ol)
(7.1) 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)
but not including
(8) Non–viable Cannabis seed, with the exception of its derivatives
(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks
