Buying Seeds: The Legal Framework
Cannabis seed banks in the US and internationally operate under a widely used legal convention: seeds are sold as "adult novelty souvenirs" or "collector's items." This positioning allows seed sales to proceed under the justification that an ungerminated seed is a botanical specimen, not a controlled substance.
In practice, this legal gray area has been stable for years. US Customs and state law enforcement have not pursued systematic prosecution of individual seed purchasers. The legal exposure lies downstream — in germinating and growing plants — not in purchasing seeds.
Practically speaking: seed banks ship to all 50 US states without issue. Both US-based banks (no customs) and international banks (some customs exposure on shipment) operate openly and serve millions of customers. The "souvenir" framework is accepted practice.
What this does not mean: that germinating, growing, or possessing cannabis plants is legal in your state. That's a completely separate question governed by state law.
Federal Law: What It Actually Says
Cannabis (marijuana) remains a Schedule I controlled substance under the federal Controlled Substances Act. This includes cannabis plants and, technically, cannabis seeds containing THC-producing genetics. Federal law has not been updated to reflect the widespread state-level legalization that has occurred since 2012.
The 2018 Farm Bill created an important carve-out: hemp — defined as cannabis with less than 0.3% THC by dry weight — and hemp seeds were federally legalized. Hemp seeds are fully legal to purchase and ship across state lines.
Cannabis seeds from THC-producing varieties fall into an ambiguous federal space. Federal enforcement priority has historically focused on large-scale trafficking and commercial growing operations — not individual seed purchases for personal use. The Department of Justice's cannabis enforcement guidance has deprioritized individual-level enforcement in states with legal frameworks.
Federal law and state law operate independently. A state can legalize cannabis cultivation without changing federal law. This dual-system creates the patchwork of rules that currently governs cannabis across the US.
State-by-State Overview
Laws are grouped into three general categories. Note: laws change frequently — verify current status through your state's official government websites.
Adult-Use Legal (Seeds + Cultivation Permitted)
These states have legalized adult-use cannabis. Purchasing seeds is legal. Home cultivation is generally permitted for adults 21+, typically 3–6 plants per person. Always verify your state's specific plant count limits.
Medical Programs (Purchasing Varies; Cultivation May Require Card)
These states have medical cannabis programs. Seed purchasing as souvenirs is generally tolerated, but home cultivation typically requires a valid medical patient card. Some of these states prohibit home cultivation entirely even for patients. Check your specific state's rules.
Fully Illegal (No Medical Program; Cultivation Prohibited)
Cannabis remains fully illegal in these states with no medical program or adult-use framework. Seed purchases as souvenirs occur but germination carries meaningful legal risk. Exercise extreme caution.
Note: Georgia has limited CBD/low-THC oil program for patients but no general medical program. North Carolina has limited epilepsy CBD provision. This list reflects states without adult-use or full medical frameworks as of early 2026 — verify current status.
Home Cultivation Rules by State
Even in adult-use states, home cultivation rules vary significantly. The following are general patterns — always verify your specific state's laws as regulations change.
| State | Plants Allowed | Notes |
|---|---|---|
| California | 6 plants/person | Must be in private, locked space |
| Colorado | 6 plants/person (3 flowering) | Up to 12/household |
| Michigan | 12 plants/person | Must be in locked space |
| Oregon | 4 plants/household | Must be out of public view |
| Nevada | 6 plants/person | Only if no dispensary within 25 miles |
| Massachusetts | 6 plants/person (12/household) | Must be locked, out of view |
| Washington | Not permitted | Adult-use state but home grow prohibited |
| New Jersey | Not permitted | Adult-use but home grow prohibited |
| Illinois | Medical patients only | 5 plants max for patients |
| Florida | Not permitted | Medical state, home grow not allowed |
This table shows illustrative examples only. Laws are subject to change. Verify your state's current regulations at your state government's official website.
International Orders & US Customs
Seeds ordered from international banks (ILGM, Herbies, Seedsman, Seed Supreme) pass through US Customs upon entry. The reality of what happens:
Easiest solution: Order from a US-based seed bank. NASC and Multiverse Beans ship domestically via USPS — no customs, no seizure risk, 2–5 day delivery. This is why US-based banks dominate the US enthusiast community.
Germination Guarantees in Illegal States
A common question: "I'm in a state where growing is illegal, but a seed bank offers a germination guarantee. Does that apply to me?"
This varies by bank. Some seed banks explicitly state in their terms that germination guarantees do not apply in US states or countries where cannabis cultivation is illegal. ILGM, for example, conditions their guarantee on following their approved method in a jurisdiction where growing is legal.
If you're in a state where cultivation is prohibited, the germination guarantee may be void — and more importantly, germinating those seeds may carry real legal risk. The practical answer: know your state's laws before germinating, regardless of the bank's policy.
Practical Considerations
Buying vs. Growing: Two Separate Legal Questions
Always think about these separately. Purchasing seeds as souvenirs is widely practiced and rarely prosecuted. Germinating and growing plants is where your state law becomes directly relevant. Don't conflate the two.
Packaging and Discretion
Most seed banks use discreet, unmarked packaging. US-based banks ship USPS priority mail — indistinguishable from any other package. International banks use stealth packaging with various concealment methods. If privacy matters to you, a US-based bank eliminates the customs variable entirely.
Laws Are Changing — Stay Current
The cannabis legal landscape has shifted dramatically since 2012 and continues to evolve. States that prohibited cannabis a few years ago may have active legalization efforts underway. Always check your state's current regulations through official government sources rather than relying on outdated guides.
Payment Privacy
Bitcoin and other cryptocurrency payments leave a less direct financial paper trail than credit card transactions. Some privacy-conscious buyers prefer crypto for seed purchases regardless of their state's legal status. Most major seed banks offer Bitcoin payment options with discounts.