Selling seeds in MA?

[AbuKeif]

Hey everybody--

So can anybody just sell seeds in MA these days? Turned up at my local grow shop for the first time in years (pandemic, blah blah) and they had a binder full of strain names, selling individual feminized beans for $20 a pop (!). This little place shall remain nameless, but I highly doubt (ha) that they're licensed growers or retailers of herb, just grow supplies. They don't seem worried that people are going to kick down the door. The guidelines from the MA CCC seem super-vague when it comes to seeds and clones, for example:

"Can a Licensee sell seeds and clones?
Commission regulations allow for the ability to sell seeds and clones; however, guidance on
testing, packaging, and clone limits are to be developed."

Aside from a few sketchy-sounding Craigslist ads, that's about it. Is anybody non-licensed getting *busted* for selling seeds these days? Seems like the whole commonwealth has given a tremendous shrug.

 

[ojd]

A friend from Maine told me a new law( not new now) anything under a certain % of THC 0.somthing can be sold and he said seed sales are in that bracket as a seed is under 1% THC

 

[Dequilo]

Gene Trader EVENTS

Gene Traders Expo, A Genetics & Cultivation Event for the East Coast & New England Region.

gene-traders.com

someone has this going on I do not know anything about but may need to check it out

S_M

 

[Mudballs2.0]

whoa dude that looks tight...NYC, Oklahoma, Virginia...dang, i hope they get some traction with that. If i was retired i'd probably check those out. When i do retire, it will be a fun year checking out all these new events coming our way with laws getting fixed.

 

[AbuKeif]

Thanks for the info, y'all. Frankly, I'm more interested in whether or not I can sell some of my own genetics on Craigslist or FB Marketplace or whatever without getting the door kicked in. I'm definitely just a pollen-chucker, but have been working on selecting some open-pollinated Himalayan cultivars that have good cold and mold resistance for the outdoors in MA...

 

[AbuKeif]

Well, gee, OJD a little Googling got me here: who'd have thunk, but it looks like according to the DEA, seeds fall under the legal definition of "hemp," and are thus legal to sell:

StackPath

 

[flower~power]

 

[yardgrazer]

Thanks for the info, y'all. Frankly, I'm more interested in whether or not I can sell some of my own genetics on Craigslist or FB Marketplace or whatever without getting the door kicked in. I'm definitely just a pollen-chucker, but have been working on selecting some open-pollinated Himalayan cultivars that have good cold and mold resistance for the outdoors in MA...

There's a great deal of misunderstanding of that DEA letter... they weren't actually saying anybody can set up shop selling seeds. They were saying licensed hemp producers can sell seeds to other licensed hemp producers (using the legal definition of hemp, i.e. below 0.3% THC). Even though seeds are below 0.3% THC, if you were a licensed hemp producer selling seeds of a strain known to produce flower that would test over 0.3% to another licensed hemp producer, still illegal. If you aren't a licensed hemp producer selling... illegal. If you're licensed but selling to an unlicensed cultivator... still illegal.

The question that remains is, what agency or PD is going to expend resources to bust people selling seeds? What prosecutor is going to expend their limited time and resources on prosecution? There are US seed producers and seed banks pretty openly selling seeds on the internet, and they seemingly aren't getting busted.

If I were selling seeds (I am not) I'd probably be more worried about payment processors taking my money (it happens all the time), or the IRS catching wind and coming after me for unreported income (a person is required to report even illegal gains).

 

[laszlokovacs]

You're fine. Now only challenge is actually selling the seeds! Full disclosure i've never actually shopped at a MA dispo. But i live close by and visited a couple grow stores last year for fun and one was selling seeds openly (and advertising/posting beans on Instagram). Worth mentioning that the owner of the grow shop selling the seeds was also expanding and developing a dispensary next door literally in the same building. Between the farm bill and MA legal grows youre covered- I spot a nice looking cannabis plant in peoples yards in mass when i drive to the grocery store. I grew some mutants in plain view but it would be nice to get some real plants out lol.

If you have nice acclimatized outdoor lines im sure you could also sell seeds in VT/CT/NY as well... cant speak to the legality of that, only that there would be interest and legal homegrowers who need seeds or will need them in the next couple years.

Im sure that binder was filled with a lot of new names and strains though... sales is marketing so good luck

 

[Sasult]

Thanks for the info, y'all. Frankly, I'm more interested in whether or not I can sell some of my own genetics on Craigslist or FB Marketplace or whatever without getting the door kicked in. I'm definitely just a pollen-chucker, but have been working on selecting some open-pollinated Himalayan cultivars that have good cold and mold resistance for the outdoors in MA...

I would talk to the grow shop before FB or craigs. They should know any hoops you need to jump through, and one larger customer is way less headache.

 

[yardgrazer]

You're fine. Now only challenge is actually selling the seeds! Full disclosure i've never actually shopped at a MA dispo. But i live close by and visited a couple grow stores last year for fun and one was selling seeds openly (and advertising/posting beans on Instagram). Worth mentioning that the owner of the grow shop selling the seeds was also expanding and developing a dispensary next door literally in the same building. Between the farm bill and MA legal grows youre covered- I spot a nice looking cannabis plant in peoples yards in mass when i drive to the grocery store. I grew some mutants in plain view but it would be nice to get some real plants out lol.

If you have nice acclimatized outdoor lines im sure you could also sell seeds in VT/CT/NY as well... cant speak to the legality of that, only that there would be interest and legal homegrowers who need seeds or will need them in the next couple years.

Im sure that binder was filled with a lot of new names and strains though... sales is marketing so good luck

Vermont dispensaries are selling seeds (and cuts). Technically only a licensed retailer can sell them... but I have yet to hear any stories about people getting busted selling seeds.