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Is It Legal To Buy Cannabis Seeds In The U.S.?

Last updated: 19 August 2020

is it legal to buy marijuana seeds

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. So are marijuana seeds illegal in the U.S.? 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.

Federal And State Marijuana Seeds Laws

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 2020, 33 U.S. states have legalized medical marijuana, 11 of which also offer it recreationally. If you live in one of these states, it’s possible to purchase seeds at a medical or recreational dispensary. Where it’s illegal, you have to order seeds online and at your own risk*.


Believe it or not, cannabis 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 see if you’re allowed to grow the plant.

are marijuana seeds illegal

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


Cannabis is fully legal in Alaska. You can grow up to 12 plants at once, although only 6 are allowed to be in the final flowering stage.


Arizona has legalized medical marijuana, but recreational use remains illegal. Patients can now grow up to 6 plants. However, these need to be in an enclosed area, safely out of public view.


Recreational 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.

best strains to grow in CaliforniaEXPLORE


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.


Marijuana is fully 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, 6 plants are allowed, although only 3 can be fully mature.


Recreational users can grow up to 6 flowering plants, while medical consumers are limited to 3.

best outdoor strains to grow in maineEXPLORE


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.

best strains to grow in MassachusettsEXPLORE


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.


Medical marijuana is legal in Missouri. However, patients have to pay a fee to grow cannabis and are limited to 6 plants.


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


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.

best strains to grow in NevadaEXPLORE

New Hampshire

Medical marijuana is legal in New Hampshire. Patients can grow up to 3 mature plants, 3 immature ones and 12 seedlings.

New Mexico

You can buy marijuana seeds and consume weed for medical purposes in New Mexico. You’re allowed to grow up to 16 plants, but only 4 of them can be mature.


Weed is totally legal in Oregon, allowing up to 4 marijuana plants. Caregivers can have up to 8 patients at a time and grow a maximum of 6 plants per patient.

Rhode Island

Rhode Island provides limited access to medical marijuana. Recreational use is still illegal, although medical patients can grow up to 12 plants and 12 seedlings.


Vermont fully legalized marijuana in 2018. Currently, you can grow 9 marijuana plants, but only 2 are allowed to be mature.

best outdoor strains to grow in VermontEXPLORE

Washington State

Washington state gets credit for being the first state to legalize marijuana. 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 gift up to one ounce to another adult, but 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 Legal To Buy Marijuana Seeds Online?

is it legal to buy marijuana seeds online

If you live in a state where marijuana is legal, you can order 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 before you buy.

Discreet Shipping From Herbies Seeds

is it legal to buy cannabis seeds

Herbies doesn’t want you to get busted for ordering 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.

Will U.S. Cannabis Laws Change?

busted for ordering seeds

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.

If this bill is any indication, federal legalization is a matter of “when,” rather than “if.”


Possessing marijuana in seed form is legal in the U.S., 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 U.S. states where growing marijuana is legal, just make sure you observe all relevant limitations and get your seeds from trusted 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.

Angry Canadian
I coulda told ya that if you ship to another state that is state legal. No problem. Over an ounce would be a problem.
It is currently legal for EVERYONE in New Mexico to cultivate cannibis plants .The law went into effect June 29th of last month .You can have 6 mature plants & 6 young plants .
The question is why hasn’t Cannabis already been legal everywhere?
Federal assholes never give a real reason as to why it is still illegal.. They always give bullshit answers that i honestly don't think they really even believe. Some companies with a lot of money is keeping it illegal.. I have never heard a legit reason as to why it should be illegal which is proof that there is some major fuckery goin on
Lived in Colorado, went to dispensary whenever I wanted to. Now I live in florida where I have to see a doctor 2x a year and pay $200 each visit and $75 a year to the state to be able to purchase it at a dispensary.its a pain in the ass. But if I want alcohol or cigarettes I can just run to any store around the corner...smfh
Tiffany that’s crazy I would never pay that much money for a plant I can grow myself!
The US will legalize marijuana at a federal level in 2o2o!!!
I’m from the USA! I’m very happy with the website! Best customer service ever. My big thanks to Herbie.. Love you- Top-quality seeds- Great service- Fast and discreet shipping
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