DEA Voices New Cannabis Seeds Decision 
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The US Drug Enforcement Administration has issued a legal interpretation that acknowledges that cannabis seeds, tissue culture samples and other genetic material with less than 0.3% THC are legal hemp products not subject to federal prohibitions on marijuana. The DEA cannabis seeds decision was revealed its decision in a letter to Shane Pennington, an attorney focusing on cannabis law and litigation with the legal firm Vicente Sederberg LLP. The 2018 Farm Bill legalized hemp, which was defined as any part of the cannabis plant, including the seeds, with a delta-9-tetrahydrocannabinol (the most commonly known form of THC) concentration of not more than 0.3% on a dry weight basis. In November 2021, Pennington sent a letter to the DEA seeking a determination whether cannabis seeds, clones and other genetic material with no more than 0.3% THC are subject to federal control. This April, he received a reply from the agency, which he shared in his Substack column “On Drugs”on April 4. In a January letter to Pennington, Terrence L. Boos, the chief of the Drug & Chemical Evaluation Section of the DEA, wrote that “marijuana seed that has a delta-9-tetrahydrocannabinol concentration of not more than 0.3%on a dry weight basis meets the definition of ‘hemp’ and thus is not controlled under the CSA. Conversely, marijuana seed having a delta-9 tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis is controlled in schedule I under the CSA as marijuana.” Source Rule Questioned The decision calls into question the veracity of the so-called source rule, a legal theory that holds the legality of cannabis material is dependent on the source from which it was derived—federally illegal marijuana or legal hemp. Under the theory, any seeds, clones or other plant material sourced from cannabis with less than 0.3% THC (i.e., hemp) is legal to…

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