Understanding the legal framework of cannabis in a country like the United States can be difficult. This can be attributed to the disparity that exists between federal laws and state laws. By the Controlled substance Act (CSA), 1970 the use and possession of cannabis in the United States are federally prohibited.
I know you might be wondering why? Isn’t cannabis said to be helpful? Yes, it is. However, under federal laws cannabis is a Schedule 1 substance just like cocaine and heroin. A schedule 1 substance has a high tendency to be abused and has no currently accepted medical usage.
On the other hand, a good number of states including Washington D.C have legalized the use of cannabis. This legalization covers both recreational and medical purposes or of the two.
As of February 3rd, 2022, 37 states, 4 territories, and the district of Columbia allow the medical use of cannabis. Also, there are 18 states, 2 territories, and the District of Columbia that allows for non-medical use or recreational purposes.
Finding clarity amid complexity.
A lot of people usually ask can I plant cannabis seeds in the US? The answer to this question is not straightforward. From a federal perspective, you are not allowed to cultivate cannabis. However, when seeing it in the light of state laws permitting cultivation, you can groom your cannabis plant.
Numerous popular strains are available for you to try, with Gelato being just one example. If you’re interested in cultivating your own cannabis plants, it’s worth noting that you can conveniently order cannabis seeds online from reputable seed shops like Zamnesia.
Depending on when you reside and the site of cultivation, you must carry out a great deal of research concerning relevant local laws.
Do not also ignore some requirements, particularly licensing and cannabis type requirements. You should verify the maximum number of plants you can breed.
Although marijuana cultivation laws specify that you can grow up to an average of 12 cannabis, you should still confirm the exact laws of your state.
This is because some states have a maximum growing limit of 6 while some allow you to grow up to 36 if you are a caregiver. A good example is Colorado. Failure to adhere to these rules may get you in trouble with the law.
The Agricultural Act of 2014 allows for universities and state-level departments of agriculture to cultivate cannabis for research into its industrial potential. In December 2018, hemp was permitted to be grown in the United States under federal law after the Hemp Farming Act was included in the passed 2018 Farm Bill. (Ref. Wikipedia)
The law, purpose, and location.
Before you purchase cannabis seeds to grow, you must ensure that your purpose has legal backing. This is because some state laws only allow for medical cultivation while some allow for both medical and adult-use cultivation.
There are also some states which permit you to home grow your cannabis seeds regardless of the purpose, while there are some that prohibit it. You should note that homegrown recreational cannabis is subject to certain restrictions probably due to societal acceptance.
If your state allows homegrown cannabis, make sure you are within the legal age to grow. For most states, the legal age is 21 years.
For clarity, we have categorized these states based on the purposes that they legalize and authorized locations.
States that have legalized home grooming of cannabis for either medical or recreational purposes include:
- Alaska
- California
- Colorado
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Virginia
- Washington
States that allow you to grow marijuana for only medical purposes:
- Arizona
- Hawaii
- Illinois
- Maryland
- Minnesota
- Missouri
- Montana
- New Hampshire
- New Mexico
- Oklahoma
- Rhode Island
- South Dakota
- Utah
You should note that in these states you must possess your MMJ (Medical Marijuana card) before you can be allowed to cultivate cannabis for medical purposes.
Also, there are unique laws like the ones in Nevada and California. In Nevada, you are ONLY allowed to cultivate cannabis for personal consumption, if there is no licensed dispensary within 25 miles from your home.
California marijuana cultivation law allows you to grow as many plants as you want. However, there is a caveat. You can only grow these plants in a marked area of 100 square feet.
States that allow medical cannabis but prohibit home growing:
- Arkansas
- Connecticut
- Delaware
- Florida
- Iowa
- Louisiana
- New Hampshire
- New Jersey
- North Dakota
- Ohio
- Pennsylvania
- Ohio
- Utah
- West Virginia
In these states, if you are found growing medical cannabis in your house you are liable to certain sanctions. These sanctions range from imprisonment to the imposition of fines.
In most states, the severity of the sanctions is highly dependent on several factors. Factors like the presence of juveniles in the vicinity or the weight of the cannabis (denoted in grams) are considered.
The only form of contact you may have with cannabis in such jurisdictions is if you have a medical concern. If you are a medical user of cannabis, you would need to take a card to an approved dispensary.
We certainly do not advise you to secretly cultivate these plants. If you are apprehended, the consequences are unpleasant. This is because you may be prosecuted both under federal and state laws.
States that completely prohibit both Recreational and medical cultivation (home growing inclusive):
- Alabama
- Georgia
- Idaho
- Wyoming
- Kansas
- Kentucky
- Indiana
- Mississippi
- Nebraska
- North Carolina
- South Carolina
- Tennessee
- Texas
- Wisconsin
Laws in the aforementioned state concerning the cultivation of cannabis are very strict as they sometimes carry a felony charge. The sanctions are usually prison terms of up to 5 years depending on the amount cultivated.
The need to destigmatize cannabis.
A fair percentage of legislative enactments are still against the cultivation of cannabis plants both for medical and recreational applications.
The root cause of this problem lies in the age-long misconception that cannabis causes harm to the human body. This position is often defended by bringing up multiple studies showing the high addictive tendencies of this plant.
Viewing cannabis plants through the lens of their addictive properties is an incomplete perspective. The cannabis plant possesses a lot of medical and nutritional benefits.
For instance, chronic pain is a common health condition in the US that can be relived using medical marijuana. Also, this plant has a lot of economic perks ranging from increased tax revenues to investment opportunities.
Colorado and Washington are a testament to this fact. In 2019, Colorado claimed a whooping sum of $302 million in taxes and other fees from recreational and medical cannabis. If the tax returns are this huge on a state level, now imagine if they are permitted on a federal scale.
Wrapping up.
According to Highway 420, before you begin cultivation you should do a great deal of research. This also applies in cases where the laws of your state support cannabis cultivations.
This is due to the variety of exceptions and local regulations that you have to be familiar with. A default in one of them may get you fined or imprisoned.