With the passage of issue 2 in Ohio residents are allowed to grow up to 12 plants per household. I’d like to assist them in their gardening by making seeds available. Problem is the state agencies don’t seem to be willing to provide the information I need on whether it is legal to sell only seeds.
Anyone have any insight on the legality of selling the seeds I acquire from my plants grown for personal use?
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Seeds are not mentioned in current Ohio law, and where the law is silent you generally can unless the action is prohibited elsewhere in Ohio law.
That said, it’s worth looking further, as such sales are limited to dispensary sales in many states.
Sorry I can’t be more specific.
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Federally it is legal, as they have been deemed to be hemp as the seeds themselves contain less than 0.3% THC. That is how seeds can be sold in the US.
I am certainly not a lawyer, so do not rely on any statements I make. 
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This is one of those gray areas, the DEA on the federal level says selling hemp seeds is legal, since the amount of THC/CBD can’t really be determined from a seed it isn’t considered illegal until it grows into an “illegal” plant. But before I grow seed bearing females I want to make sure all my ducks are in a row.
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I would contact a lawyer about it if you intend more than casual selling to friends. You are unlikely to get a proper answer here.
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Great question!
The tools in Columbus are still trying to rewrite what we the people passed by over 57% because they are well…tools.
I’ve also wondered about outdoor grows and if there are any requirements like fencing etc to “hide them” from view.
I’ve read the text of the issue but did not see anything relating specifically to either inside or outside requirements other than 6 plants for one person or up to 12 for a household of people.
They are currently trying to claw back the number one can grow as well as tax rate increases and where income from sales end up going.
Are you planning on selling them with a company name etc or just on the side via word of mouth?
Rant to follow….
I still reject the idea that some tool has the ability to regulate in any freakin way what nature has provided us whether that be cannabis, tomatoes or the Coca plant.
Those laws infringe on our right to pursue happiness and they should all revert back to say the 1800’s.
If they want to somehow control what humans do with regard to modifying the original coca leaf that can be processed into cocaine or crack that may be something “may be” I could be ok with but to make Mother Nature illegal in its natural state and then later to make it seem like they are doing us a favor by letting us now grow and consume is a travesty to justice and Mother Nature. I do know when man processes nature some of what it originally offered is lost in that process…Whole Foods anyone lol.
All those laws should be erased without any restrictions as long as I’m not harming others or infringing on their pursuit of happiness!
This whole advancement in legalization is long overdo and really should be done so that I nor you should have to worry about any restrictions just like the tomatoe cops raiding my garden because I have too many or they are too freakin delicious
Enjoy the day and keep feeding your endocannabinoid system folks!
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Yea the government is sending me my stamp….its in the mail haha
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It would be sales to the general public as a cottage industry type business. Nothing large scale, but more inline to promote the cultivation of cannabis by people who want to grow their own.
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Awesome
I’ll take 6 of those and 10 of those to go!
Good luck wish you success
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Couldnt have said it any better. I agree 100% and i would definitely vote for you if you ever decide to run for a political position…
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Sorry if this comes off as a rant. I went through the same thing earlier this month and am still not certain with my understanding.
I like experimenting with breeding and wanted to know if I was allowed to sell pollen. I reached out to the department of agriculture with questions about the hemp program as well as my pollen/seeds questions. They told me to take it up with the department of commerce. Its really dumb. The ORC for adult use cannabis prohibits the sale of marijuana without one of the license types, and at some point refers to the definition of marijuana in the medical marijuana code:
“Marihuana” means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. “Marihuana” does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. “Marihuana” does not include “hemp” or a “hemp product” as those terms are defined in section [928.01]"
Which is dumb because they are including seeds, but when you try to look up the definition they’re using for hemp its just cannabis under .3% thc and we all know that the seeds contain none. But as its written that leads me to believe you have to have a license to sell seeds.
They also left some fuck up room for home growing, maximum number of plants, and penalties; I think some arguments could potentially be made in court if it came down to it. I wanted to know when a cutting it considered a plant for limitation reasons. If I want to be effective with my time and not all clones take, how many stalks can I put in the ground, when is it considered a new plant? Well they didn’t define that either! Instead in the home grow code they just say that an individual can grow up to 12 plants in a residence with two adults over 21. In the bottom of the code its states
" If an individual cultivates or grows double the maximum number of cannabis plants permitted under division (A) of this section or transfers cannabis plants in violation of division (A)(3) of this section, division (F) of section [3780.99]"
Well wtf is double? They say 6 and 12 in the same code, and then when it comes to penalties just blanketly use the term double? If I’m going to push some limits can I actually have 23 plants? I’m not saying that I’m doing that many plants at a time. I don’t even have the space, but I still don’t like ambiguous laws when its someone’s livelihood at stake.
Also like when is weight a consideration? If I flower one plant and it has a qp of flower on it, am I a criminal? If I throw out half of it the second it gets cut down is that okay?
Hope someone finds us some real answers!
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You in Ohio too?
I think the above relates to possession amount outside of the home.
As far as legalizing it it should be just like growing any herb or fruit.
They make it look like they are doing us a favor by “allowing” us to grow Mother Nature. It should be the way it was 100 years ago.
It’s all smoke and mirrors ….fockers!
Seeds? Great question
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But that’s the thing! Ohio Revised Code doesn’t define possession in the adult use laws that have been codified, but if you were to use their definition of ‘possession’ from drug offense definitions
“Possess” or “possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
Wouldn’t that mean even something in my house? This is all playing devils advocate. I’m pretty sure it really doesn’t matter in your home as long as you aren’t being flagrantly abusing laws.
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Well ya know what I did 6 or 7 years ago I brushed off my shoulders all the laws that infringe on my right to pursuit of my happiness and as long as it doesn’t interfere with your or others those laws are dead to me.
Universe wise anyway.
Pretty sure most laws go directly against the constitution and the bill of rights.
F em haha
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Well said!
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Let’s hear about your seed inventory! Whatcha got for sale? Fellow Ohioan wants to know!
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Be careful on the seed thing…gotta remember who our sponsor is. : )
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I’m pretty sure the “possession” is considered what’s on your person! Mainly for those who will be going to dispensaries. They won’t allow you to buy more then max allowed I believe. Another thing seeds were declared hemp by the federal gov so technically it don’t matter what ORC says. They are hemp! If the federal gov can’t stop ppl from selling seeds online I don’t think I would be concerned with it.
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I believe seeds where classified legal as any “hemp” 0.03 thc content, but I may be mistaken on percent
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Sorry I dropped off the face of the earth. So I never really did get an answer on if it is legal to sell seeds. But I did hermie a plant, got a ton of seeds, I left them in a tray in one of my out buildings. I left for a week and came back and there were mice droppings all over the place and no seeds. 
Going to try again this year. But NOT leave the seeds out. also going to try to switch to bloom earlier for the purpose if something goes wrong I can try again before the end of the growing season.