Marc Emery: Are Marijuana Seeds Illegal in Canada?


Dana Larsen was arrested on his wonderful Overgrow Canada tour, specifically for trafficking in marijuana seeds.

All the ironies of his bail conditions – like the one that allows him to buy and sell cannabis and cannabis extracts for his illegal dispensaries in Vancouver while not being “permitted” to handle seeds under any circumstances – aside; many asked “Is it illegal to sell seeds?”

It is, and I should know.

My business HEMP BC was raided January 4, 1996; December 16, 1997; April 1, 1998; September 2, 1998 and I was arrested each time for seed distribution.

In those raids, our entire inventories of pipes, bongs, lighting systems, and paraphernalia, as well as seeds were taken. The value of the inventory was $450,000, $500,000, $45,000 and $8,000 respectively, just over a million dollars worth of stuff (cost!) just hauled off by police. The convictions I received netted me $500-$2,000 per charge. Clearly the damage done was by the police in seizing a broad range of merchandise that crippled, but not incapacitated, our ability to survive.

Finally, the DEA and RCMP and Vancouver Police joined together over a 2 1/2 year period after I publicly humiliated US Drug Czar John Walters at his now infamous Vancouver Board of Trade talk November 28, 2002. From December 2002 to July 29, 2005, the three police agencies, with help from 30 additional US and Canadian government agencies, worked together to arrest me and extradite me to the US for my mailing of seeds to Americans over a decade.

For any Canadian person to be extradited, the act has to be illegal in both the offending country and the host country. Only if seeds were illegal in Canada could I be l have been legally extradited.

If the Public Prosecution Service is foolish enough to pursue these charges against Dana, he has a wonderful opportunity to have seeds declared legal in the courts. The Federal Court affirmation of the Allard case allows that ANY Canadian can grow cannabis for a medical personal use. I would say that adjoining that right, now affirmed by the Trudeau government in accepting the verdict, is the right to have seeds in order to grow that personal medical marijuana. My belief is that if Dana is indeed taken to court, and it gets to a constitutional CHARTER OF RIGHTS challenge, cannabis lawyer Kirk Tousaw, Dana’s representation, will likely win that challenge.

So seeds are definitely illegal. Like dispensaries. Like mail-order marijuana. Illegal but tolerated … until they are not.

I started Canada’s seed industry in November 1994. I didn’t have competition until 1998. Now I think Crop King Seeds has their seeds in over 300+ outlets in Canada, including the Cannabis Culture building at 307 West Hastings. Are those seeds illegal to sell in those locations? Possibly yes, possibly no. If they are sold as hemp seeds, novelty seeds or something but NOT FOR MARIJUANA, the seeds themselves contain no drug content (THC, etc.) and are not intended for any illegal purposes, then you are fine.

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