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Pursuant to the Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, the sale of cannabis seeds is legally permissible under certain conditions. Specifically, Section 7606 of the 2018 Farm Bill legalized the cultivation of hemp (defined as cannabis with a THC concentration of no more than 0.3% on a dry weight basis) for commercial and research purposes.
As cannabis seeds are classified as agricultural products, their sale is permitted as long as they meet the definition of "hemp" under federal law, i.e., they originate from a plant variety that produces cannabis with less than 0.3% THC. Furthermore, any sale of hemp seeds must comply with applicable state laws and regulations, which may include licensing, tracking, and reporting requirements for hemp producers.
It is important to note that while the 2018 Farm Bill legalizes hemp and hemp seeds at the federal level, states retain the authority to regulate hemp cultivation and commerce within their borders. Therefore, sellers of hemp seeds must ensure compliance with the laws of the state(s) in which they operate.
Thus, the sale of cannabis seeds is legally permitted within the framework of the 2018 Farm Bill, provided they adhere to federal THC content requirements and applicable state regulations governing hemp and hemp-derived products.
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