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Illinois: Allowing Purchase of Cannabis Seeds and Seedlings for Patients


House Bill 2430 seeks to allow the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation. If passed, medical patients could purchase seeds and seedlings from a licensed facility rather than having to find seeds or obtain them from an illicit source.

 

House Bill 2430

Introduced 2/15/2023, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

410 ILCS 705/10-5 Amends the Cannabis Regulation and Tax Act. Provides that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions.

 

Under current Illinois state law, the sale of seeds and seedlings is not regulated by the state. Fortunately, The Drug Enforcement Administration (DEA) has confirmed that any seed, tissue culture, or other genetic material is not controlled under the Controlled Substances Act (CSA) as long as it has less than 0.3% of delta-9-THC.

Specifically, on December 20, 2022, the DEA issued a formal response to an inquiry from the Law Offices of Omar Figueroa regarding the control status of cannabis seeds, tissue culture, and genetic material. The DEA made clear that “any seed, tissue culture, or other genetic material that has a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis meets the definition of ‘hemp’ and is not controlled under the CSA.” Conversely, such material “having a delta-9-tetrahydrocannabinol concentration more than 0.3 percent on a dry weight basis is controlled in schedule I under the CSA as marihuana.”


Registered medical patients in Illinois may grow up to 5 plants without penalty.



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