Marc Emery: Are Marijuana Seeds Illegal in Canada?

CANNABIS CULTURE – 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.

If either buyer or seller has an MMAR or MMPR, its probably not illegal. If you sell them and say nothing about the product, its probably not really illegal (Mens rea comes into play here, if you say nothing to prospective buyers, your understanding of the use of the product is limited and therefore not liable for any criminal activity that may arise from the purchaser’s use of the seeds). But if you go into public forums and on TV and all media, like I did from 1995 to 2005, and say “grow these seeds, overgrow the government, end the prohibition, grow more high THC pot, enrich our culture…” as Dana Larsen is doing now, you are a provocateur, and as the Talking Heads song goes, “If trouble is what you’re looking for, then trouble is what you will find.”

To which I can only say, God bless Dana Larsen and his crusade. Our movement has in Dana a rare and brilliant talent, a man of principle, integrity, commitment and intelligence. A class act who is a lovable, decent man. In other words, hallelujah and thank you Calgary Police Service for putting Dana Larsen front and centre of our movement, unifying all of us in wishing him all the best in his beautiful quest to OVERGROW CANADA.

See Dana in a city near you! View Dana’s tour schedule.

Listen to Dana discuss his arrest in this interview with Cannabis Culture Editor Jeremiah Vandermeer:

Cannabis Culture News LIVE: Dana Larsen Vows To Give Away 2 Mi…In-depth interview with #marijuana activist Dana Larsen about his arrest for giving away free pot seeds and his plans to give away millions more!Watch the full episode of CCN LIVE on Pot TV

Posted by Cannabis Culture Magazine on Saturday, April 9, 2016

Free Dana Larsen!

Marc Emery
Marc Emery

Marc Emery is a Canadian cannabis activist, entrepreneur, and politician. Known to his fans as the Prince of Pot, Emery has been a notable advocate of international cannabis policy reform for decades. Marc is the founding publisher of Cannabis Culture and Pot TV.