Is It Legal to Buy Cannabis Seeds in the USA?

Whether it’s legal to buy cannabis seeds in the U.S. is a question that crosses the minds of many aspiring growers. There’s something exciting about being able to have your own little grow op at home. However, given the legal penalties, the last thing you want to do is get into any trouble with cannabis cultivation. So are cannabis seeds legal in the USA? The answer goes beyond a simple “yes” or “no”, so we’re about to get into details to make this confusing situation a little clearer.

State and Federal Laws on Marijuana Seeds Regulation

While you can buy, possess, and cultivate marijuana seeds in some states, it’s possible to still face federal charges. Federal law lists the marijuana plant as a Schedule I controlled substance, making it illegal. However, as of 2024, 38 U.S. states, four out of five U.S. territories with permanent populations, and the federal District of Columbia (D.C.) have legalized medical marijuana. At the same time, the recreational use of cannabis has been legalized in 24 states, three U.S. territories, and D.C., including laws that have not yet gone into effect.

If you live in one of these states, purchasing cannabis seeds is possible at a medical or recreational dispensary according to state laws. Where it’s illegal, you have to order seeds online and at your own risk*.

Where In the U.S. Is It Legal to Grow Cannabis?

Believe it or not, weed seeds have other uses, such as fishing bait or bird food. However, assuming you want to buy cannabis seeds for cultivation, the natural first step would be to consider the legality of cannabis seeds growing in your particular state.

Let’s take a look at the states where marijuana germination is possible.

Alaska

Cannabis is fully legal in Alaska. If you're at least 21 years of age, you can grow up to 12 plants at once, although only 6 are allowed to be in the final flowering stage.

Arizona

In Arizona, both medical and recreational use of cannabis is permitted by law. Individuals are allowed to grow up to six plants per person, or up to twelve plants in a household with two or more adults.

California

Casual users can grow up to 6 plants and dedicate a maximum of 100 square feet to marijuana growing. Medical patients, however, may grow an unlimited number of plants.

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Colorado

Colorado allows both medical and recreational marijuana. Medical and recreational users may grow up to 6 plants. However, keep in mind that only 3 can be in the flowering stage.

Connecticut

Cannabis is permitted for both medical and recreational purposes, with a limit of six plants, of which only three can be mature at any given time.

Hawaii

Medical marijuana is legal in Hawaii. Registered medical marijuana cardholders can legally grow up to 10 plants. Interestingly, you have to register the growing area with the Hawaii Department of Health. If you’re only a recreational consumer, 7 plants are allowed, although only 3 can be fully mature.

Illinois

In Illinois, it is legal to cultivate cannabis for medical use. Those who have an Illinois Medical Cannabis Registry Identification Card and meet the criteria as qualifying patients can grow a maximum of 5 cannabis plants that are over 5 inches tall in their homes.

Maine

Both recreational and medical users are allowed to cultivate a maximum of 6 cannabis plants, with only 3 of them being mature at any given time. There are no restrictions on the number of seedlings that can be grown simultaneously.

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Maryland

In Maryland, it is legal to grow marijuana for recreational use, with a limit of 2 plants per household. However, registered medical cannabis patients are allowed to grow up to 4 plants per household.

Massachusetts

Marijuana is fully legal in Massachusetts. You can grow up to 6 plants, but this limit changes to 12 if there’s more than one adult (aged 21 or older) living in the home.

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Michigan

Medical access to marijuana is limited in Michigan, but it’s also recreationally legal. If you’re 21 or older, you can grow up to 12 plants.

Minnesota

In Minnesota, you can cultivate marijuana for both recreational and medical use, with a limit of 8 plants, of which only 4 can be in the mature stage at any given time.

Missouri

Medical and recreational marijuana is legal in Missouri. Adult users are allowed to cultivate a maximum of 6 plants each, or 12 plants per household if there are two or more adults with a valid license.

Montana

Medical and recreational weed is legal in Montana, where it’s allowed to grow up to 4 mature plants and 4 seedlings. However, this number doubles if there’s more than one adult person in the house.

Nevada

Growing weed is fully legal in Nevada, provided you live more than 25 miles from a dispensary. The limit is 6 plants per person and a maximum of 12 in each household.

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New Mexico

You can buy marijuana seeds and consume weed for medical and recreational purposes in New Mexico. For medical use, you’re allowed to grow up to 16 plants, but only 4 of them can be mature. For recreational purposes, you can cultivate up to 6 mature plants at a time.

New York

Medical and recreational use of cannabis is legalized in New York. You can grow up to 3 mature and 3 immature plants per person, with a limit of 12 per household (6 mature/6 immature).

Ohio

Ohio has fully legalized cannabis. Adults are allowed to cultivate up to 6 plants in a personal residence, as long as there are no more than 12 plants per household with multiple adults.

Oklahoma

In Oklahoma, marijuana is permitted for medical use, allowing individuals to grow up to 6 plants and 6 seedlings per person.

Oregon

Oregon entirely legalized cannabis use, allowing up to 6 mature marijuana plants and 18 seedlings at a time for medical patients. Caregivers can have up to 8 patients at a time and grow a maximum of 6 plants per patient. Recreational users can grow up to 4 plants per household.

Rhode Island

Rhode Island provides access to medical cannabis, allowing medical patients to grow up to 12 cannabis plants and 12 seedlings. Recreational users can grow up to 6 plants of which no more than 3 are mature.

South Dakota

Residents of South Dakota who are medical patients are permitted to have a maximum of 3 marijuana plants if they live in an area without licensed dispensaries. If there are multiple marijuana growers in the same residence, they can only cultivate 6 plants.

Vermont

Vermont fully legalized weed in 2018. Currently, any cannabis culture enthusiast can grow 9 plants, but only 2 are allowed to be mature.

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Virginia

Virginia fully legalized cannabis. Now, any cannabis enthusiast is allowed to grow up to 4 plants per household.

Washington State

Washington state gets credit for being the first state to give cannabis a legal status. Unfortunately, cultivation is limited to medical patients, who can have up to 6 plants.

Washington, D.C.

Not only is home cultivation allowed in D.C., it’s also the only way to get legal marijuana. You can give up to one ounce to another adult as a gift, so no money can be exchanged. This presents a problem for people who don’t know how to grow weed. Many people get around this by giving marijuana as a “gift” with the purchase of an unrelated item, like a t-shirt.

Is It Illegal to Buy Marijuana Seeds in the U.S. If You’re Buying Online?

If you live in a state where marijuana is legal, you can order cannabis seeds online. It’s best to buy from a state vendor, as it’s illegal for seeds to go over state lines due to the federal ban on cannabis.

Is It Safe to Order Marijuana Seeds Online?

It’s fairly safe to order marijuana seeds online. In the worst-case scenario, the package will be intercepted and confiscated. You won’t face legal penalties. The only other concern is whether the source is legitimate or a scam. Make sure you research the vendor or seed bank before you buy.

Will USA Laws Regarding Cannabis Change?

Federal legalization is a hot topic, with support and opposition visible on both sides of the political spectrum. However, on a federal level, the current government attitude appears to be “hands-off” when it comes to states and marijuana enforcement.

That being said, there’s clear support for at least working with the current system. The Secure and Fair Enforcement Act (S.A.F.E. Act) was introduced in 2019 to protect banks from federal prosecution if they work with state cannabis companies.

This act has bipartisan support and could end up in front of the president for approval (or veto) before the November elections.

In August 2023, the U.S. Department of Health and Human Services suggested that marijuana be reclassified as a Schedule 3 controlled substance, indicating recognition of the therapeutic benefits of cannabis. This proposal could potentially result in cannabis being rescheduled in 2024.

As the history shows, federal legalization is a matter of “when,” rather than “if.”

Discreet Shipping From Herbies Seeds

Herbies doesn’t want you to get busted for ordering high-quality seeds – although this is highly unlikely to begin with. However, just to be safe, we hand-pack and disguise your product to resemble a normal online retailer. Check out our Shipping page if you want to learn more about our discreet shipping methods of your favorite strains.

Final Thoughts

It's legal to possess cannabis seeds in the United States according to federal and state laws, but that changes the second you plant them. Using those seeds to grow marijuana is legal in some states, but federal intervention is always a concern. However, judging by the way things are progressing, there’s a good chance this won’t be an issue for much longer. For now, if you’re lucky enough to live in one of the states with legal cannabis seeds germination, just make sure you observe all relevant limitations and get your seeds from trusted cannabis industry sources.

*All text and images on our website are for informative, entertainment or scientific purposes only. Herbies Seeds in no way condones, promotes or incites the use of illegal or controlled substances.

Herbies Head Shop expressly refuses to support the use, production, or supply of illegal substances. For more details read our Legal Disclaimer.