Do seeds count as live plants? What exactly is the legal penalty for having them?

[SOTF420]

I have always wondered this, are seeds counted as a live plant ever? I mean if seeds are viable and living then by all means would they not be considered to count as one if you were to be busted for ordering them?

Take this for instance, you order ten packs of seeds and they show up at your p.o. box and you are intercepted picking them up. Would you be charged with having 100 live plants / seeds?

It is just all really confusing and this war on the people (even medical users) is so tiring mentally with all the limits and restrictions.

Also, would the cops or post office ever "set you up" and wait until you go to get your seeds or say there is a registered letter to lure you into signing for them, etc?

If customs were to intercept your seeds going to a p.o. box would that result in a registered letter about it or would it just show up with the customs sticker on it?

Hopefully there are some experts here with real answers and not just speculation. Thank you.

SOTF420

 

[PuReKnOwLeDgE]

Most states medical bills or any laws for that matter only count cuttings with roots as live plants. To be a plant it must have roots. You are not going to get setup for a few 10 packs of seeds, you will just get a green letter in the mail if they are found.

 

[SOTF420]

So what would the legal penalty be for having live seeds? (excluding the medical exemption of being allowed to smoke/grow in my state)

Just say someone had viable seeds they got in the mail from overseas? They get caught with them, then what?

 

[henrydaniels]

Like he said, you will most likely just receive a notice in the mail from customs says that they have confiscated the seeds. They have a lot bigger fish to catch. considering how much drugs go through the mail, im pretty sure you will not be prosecuted if they find your seeds.

 

[SOTF420]

Thank you, I realize what they PROBABLY would and would'nt do but I am looking for more specific info here. Anyone else have any input?

 

[anikas88]

Ive heard of raids going on after they discovered seeds being sent to residences. ive never had any problems with seeds. but if your worried i would just get a friend or someone you trust to have the seeds sent there

 

[quest]

I read somewhere of a case where the DA was using the amount of seeds as proof of a conspiracy to grow a "mandatory minimum" number of plants. Not sure how it turned out . Gotta research that one. Under most circumstances I think the answer is no.

I have to admit, I order less than 100 seeds at one time. Split it in two orders a couple weeks apart, but I am borderline paranoid.

Marc Emery...conspiracy to manufacture....just from selling seeds. But he's a rare case

 

[kmk420kali]

Thank you, I realize what they PROBABLY would and would'nt do but I am looking for more specific info here. Anyone else have any input?

They will hold you down...probe you like the Alien's did...then stone you until dead!!

J/K!! Really...all you can be told, is what they "Probably" will do--
Since they have options, there is nobody that can tell you 100% for sure what they will do--
But by and large...it will PROBABLY be a green notice...nothing more--

 

[goody420]

When most people get caught with weed, there are seeds in the weed, they dont use the "plant" law against them.

 

[Tony Aroma]

The CSA defines "marihuana" as any part of the plant, seeds included. According to federal law, possession of seeds is possession of a controlled substance, marijuana. I believe this is true for most, if not all, state laws. Whatever the penalty for possessing weed is the penalty for possessing seeds. Same thing.

From the CSA:

(16) 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 such 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, any other 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.

 

[j6p]

The CSA defines "marihuana" as any part of the plant, seeds included. According to federal law, possession of seeds is possession of a controlled substance, marijuana. I believe this is true for most, if not all, state laws. Whatever the penalty for possessing weed is the penalty for possessing seeds. Same thing.

From the CSA:

Imagine someone is storing 100 seeds in the freezer for future crops. Multiple strains, so each strain is wrapped in a separate bag. No other contraband on the premise. LEO gets in and finds the seeds. In an assh*le state, this could result in a possession for distribution charge. They like to add distribution to possession when multiple bags are used, even for small quantities. Wouldn't that suck.

 

[informeldahyde]

In Michigan seeds,stems,& dead roots are all considered incedental under the medical law although federally I believe they are absolutely illegal.

 

[MarquisBlack]

If they get confiscated, you just get a letter. I've ordered (and received) seeds to the same residence after receiving one of these confiscation letters. It's no big deal at all.

 

[Tony Aroma]

Imagine someone is storing 100 seeds in the freezer for future crops. Multiple strains, so each strain is wrapped in a separate bag. No other contraband on the premise. LEO gets in and finds the seeds. In an assh*le state, this could result in a possession for distribution charge. They like to add distribution to possession when multiple bags are used, even for small quantities. Wouldn't that suck.

That's what happened to Marc Emery. The DEA called him a drug kingpin, even though he only sold and exported seeds. He might as well have been stuffing those little bags with weed.

 

[SOTF420]

(16) 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 such 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, any other 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.

So what if we can scientifically prove they are seeds for Cannabis Indica and not Sativa as specified? hmmmmmmmmmmmmmmmmm

 

[quest]

It wouldn't matter in the U.S., even if you could show they were hemp.

They would still be illegal.

 

[Tony Aroma]

So what if we can scientifically prove they are seeds for Cannabis Indica and not Sativa as specified? hmmmmmmmmmmmmmmmmm

I wondered about that too. Apparently it's not clear that the two are different species, biologically speaking. Regardless, as I understand it, the law considers all cannabis the same species, either sativa or a subspecies. And, of course, that means hemp is included in the government's definition of "marihuana." In other words, if it has "cannabis" in its name, it's marihuana, and it's illegal.

 

[medi-useA]

If even hemp is illegal in the US...yet in parts of the country grows wild on state and federal land...then why are the Legal Pot Activists not asking the US state and federal gov to cross charge itselve's with cultivation and possession?..

or am I too stoned for this to make sense?....

muA

 

[j6p]

That's what happened to Marc Emery. The DEA called him a drug kingpin, even though he only sold and exported seeds. He might as well have been stuffing those little bags with weed.

When Emery's attorney had a plea deal set with the US prosecutors for Emery to serve 5 years in Canada, it was rejected by the Harper regime back in Canada. What a ream job, to get him out of their way.

Prince of Pot's deal with U.S. shot down by Ottawa
Ian Mulgrew, Vancouver Sun
Published: Friday, March 28, 2008

A tentative deal between Marc Emery, Vancouver's Prince of Pot, and the U.S. government over money-laundering and drug charges has been nixed by Ottawa.

Emery says the Conservative administration has refused to go along with a proposal that would have seen him spend five years behind bars for selling marijuana seeds through the mail.

Under the defunct pact, Emery was to plead guilty on both sides of the border and accept a sentence of 10 years imprisonment on the understanding he would serve half, mostly in Canada.

"All that was required for this deal was a rubber stamp from the federal government," Emery told me late Thursday. "They have, instead, rejected the deal without explanation . . . it is clearly political."​

 

[Dr. Smokepuma]

seed found at a house or on person count as a plant .how ever the feds want to charge or weight .. funny never could find out how the estamate a plant that is a seedling? hmmmm but they sure hammer ya in court