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Can I Import Marijuana Seeds to the U.S.?

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We’ve recently received a number of inquiries about whether it is legal to import marijuana seeds into the United States. These are seeds derived from marijuana plants that have a THC content less than 0.3%, but when planted will germinate into marijuana plants that have a THC content more than 0.3%.  The seeds themselves have little to no THC, regardless of whether they were extracted from or may germinate into a plant that has more than 0.3% THC.

U.S. trade law and the “reasonable care” standard

U.S. trade laws place a legal burden on the importer of record to exercise “reasonable care” to make sure that imported products are accurately declared to U.S. Customs and Border Protection (“CBP”). CBP is the federal agency responsible for ensuring that imported goods are allowed to enter only if they are in compliance with all applicable U.S. laws and regulations. CBP coordinates with a wide range of partner government agencies (e.g., FDA, EPA, DOT, ATF, CPSC, etc.) that have expertise in the laws and regulations applicable to particular products. CBP coordinates with the U.S. Drug Enforcement Administration (DEA) to implement and enforce the relevant provisions of the Controlled Substances Import and Export Act which makes it a crime to bring controlled substances into the country without a proper license.

Are marijuana seeds a “controlled substance”?

So are marijuana seeds a controlled substance? They probably shouldn’t be.

According to the Controlled Substances Act (CSA) the term “marihuana” means “all parts of the plant Cannabis sativa L.,” and specifically includes “the seeds thereof.” 21 U.S.C. § 802(16)(A). But “marihuana” does not include “hemp” which is defined as cannabis plants, “including the seeds thereof,” with a THC concentration of not more than 0.3% on a dry weight basis.  7 U.S.C. § 1639o.

On January 6, 2022, DEA issued a letter that responded to a specific query on the treatment of cannabis seeds. According to this DEA Letter, “marihuana seed that has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis meets the definition of ‘hemp’ and thus is not controlled under the CSA” (emphasis added). Based on this DEA Letter’s specific reference to “marihuana seed” it appears that DEA will not consider any seeds from marijuana or hemp to be “marihuana” as long as the THC concentration of those seeds is 0.3% or less—regardless of their plant source. Thus, this DEA Letter indicates that the cannabis seeds would not be “controlled substances” and would be lawful under U.S. federal law.

However, the DEA Letter is just one official response to one specific inquiry, and may not necessarily be generally applicable to everyone.  Although it reflects one official’s interpretation of the federal laws relevant to cannabis seeds, this DEA Letter lacks the legal authority of a law or regulation that has gone through a formal rule-making process of being subject to notice and comment. But this DEA Letter may be enough federal guidance to support an importer’s best efforts to exercise reasonable care to determine if importing cannabis seeds is permissible under federal law.

The intersection of “reasonable care” and marijuana seeds import

Under U.S. trade laws, an importer is allowed to self-determine how a product should be determined as long as they exercise “reasonable care” when doing so. “Reasonable care” is not precisely defined. But it generally means when an importer conducts due diligence in considering all of the relevant facts related to the product in question, the circumstances of the importation, and the relevant laws, regulations and rulings.

An indicator of an importer exercising reasonable care is when they seek assistance from a qualified expert who can assist this evaluation. The gold standard for exercising reasonable care is when importers submit to CBP a formal ruling request for the product in question. Typically CBP ruling requests usually involve determining the appropriate tariff classification, valuation, or country of origin. CBP has issued plenty of rulings on whether products such as tobacco leaf wraps, water pipes, or grinders are drug paraphernalia. CBP has also issued tariff classification rulings on CBD oil and distillates and hemp biomass. But so far, CBP has not yet issued any rulings on whether cannabis seeds are admissible or should be considered a controlled substance. Given the interest in folks wanting to import cannabis seeds into the United States, it seems likely that CBP already has received requests to rule on the admissibility of cannabis seeds. But CBP may not yet be able or willing to make such a ruling on cannabis seeds; perhaps CBP does not want to get ahead of DEA and is waiting for DEA to provide more definitive guidance on how to treat cannabis seeds.

Anyone already importing cannabis seeds probably has done so without the formal blessing from CBP issuing a ruling that their cannabis seeds are admissible. But are those importations of cannabis seeds necessarily legal? Maybe.

CBP embargo of marijuana seed imports today

We are still hearing that CBP is looking at entries of imported cannabis seeds and taking various actions against those entries. For example, entries of imported seed have been subject to CBP examination. CBP has broad authority to examine imported merchandise. After an entry is filed, CBP has five days to determine whether to release, seize, or detain the merchandise. Merchandise not released within that five day period is considered detained. CBP is supposed issue a detention notice within five business days after a detention is made. However, in practice CBP is not always so prompt in issuing such detention notices and also sometimes does not provide any meaningful explanation for the detention. Following the issuance of the detention notice, CBP has 30 days from the date of the goods being presented for examination to decide whether to release, seize, or deny entry of the goods.

Even if CBP allows the release of imported seeds, CBP has the authority to demand that the importer redeliver the goods to CBP if CBP believes there are admissibility issues or the need to examine, inspect or appraise the goods. CBP can make a demand for redelivery within thirty days after the goods were released or after the conditional release period, whichever is later. A failure to comply with a CBP request for redelivery can result in CBP issuing a demand for liquidated damages.

Conclusion

So, although there are certainly valid reasons for importers to believe that importing cannabis seeds is legal, because CBP has not yet issued a ruling that officially acknowledges the admissibility of such cannabis seeds, importers still need to be aware that they still face some risk of CBP taking action that may affect their entries of imported seeds. An importer could assert that they have exercised reasonable care and point to consulting with outside experts and reference the CSA definitions for hemp and marijuana and the DEA Letter on seeds. But until CBP decides to make a ruling that acknowledges that cannabis seeds are admissible, any importer will have some degree of uncertainty on whether their import entries will be subject to some CBP request for additional information or be subject to examination or detention.

Ultimately, cannabis seeds probably should be legal to import. But until CBP finally issues a ruling that officially acknowledges that admissibility, importers should be prepared to deal with the real possibility that CBP could take actions against their import entries that will require them to jump through CBP’s administrative hoops.

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Teen Marijuana Use Drops to the Lowest Level Since 1994

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teens saying no to marijuana

The decline in cannabis use among teenagers is a surprising and significant development, particularly as legalization and normalization of cannabis have increased in recent years. A recent study shows that teen cannabis use has reached its lowest point in 30 years, challenging preconceived notions about the effects of cannabis legalization on younger populations. This article explores the study’s findings, reasons behind the decline, implications for public policy, and the broader social context that has shaped these trends.

 

 

Historical Context of Teen Cannabis Use

 

Cannabis has long been one of the most commonly used substances among teenagers. During the 1980s and 1990s, cannabis use among teens was rampant, with many viewing it as a recreational drug that carried relatively few risks. Popular culture at the time often glamorized drug use, making it seem like a rite of passage for young people.

 

However, starting in the early 2000s, a combination of policy changes, public awareness campaigns, and societal shifts began to alter perceptions of cannabis use. Laws regulating cannabis became stricter, and educational programs focused on substance abuse prevention were introduced in schools. These efforts aimed to curb rising trends in drug use, but the legalization of cannabis in some states during the 2010s raised concerns that these gains could be undone.

 

The Study: Methodology and Findings

 

The groundbreaking study, conducted by a coalition of public health researchers, analyzed data from surveys involving tens of thousands of teenagers across the United States. The researchers tracked cannabis use trends over the past three decades, comparing rates of usage among different age groups, genders, and regions.

 

Key Findings:

 

 

  • Reduced Regular Use: Among those who did report using cannabis, fewer teens indicated frequent or habitual use compared to previous decades. Occasional experimentation has replaced the consistent patterns seen in earlier generations.

 

  • Geographical Trends: States with legalized cannabis did not see significantly higher rates of teen use compared to states where cannabis remains illegal. In some cases, legalized states reported even lower rates of use among teenagers.

 

  • Perception of Harm: Interestingly, while teens generally reported lower rates of cannabis use, the perception of harm associated with cannabis has not increased significantly. This suggests that the decline is due to factors beyond fear of health consequences.

 

 

  • Education and Awareness Campaigns – Public health campaigns emphasizing the risks of cannabis use, particularly for developing brains, have been instrumental In shaping teen behavior. Schools, community organizations, and government agencies have collaborated to deliver consistent messaging about the dangers of substance use. These programs often highlight scientific findings showing how cannabis can impair memory, decision-making, and learning abilities in teenagers. By presenting cannabis as a health risk rather than a harmless recreational activity, educators have successfully deterred many teens from experimenting with the drug.

 

  • Changing Social Norms Paradoxically, the legalization and regulation of cannabis may have contributed to its declining appeal among teenagers. Cannabis has moved from being a “forbidden fruit” associated with rebellion to a substance viewed more as a medicinal or adult product. Legalization often brings strict regulations on marketing and accessibility, making it harder for teenagers to obtain cannabis. The regulated market also emphasizes responsible use, which diminishes the allure of cannabis as a symbol of defiance or independence.

 

  • Alternative Forms of Entertainment The digital revolution has provided teenagers with countless alternatives to substance use. Online gaming, social media platforms, streaming services, and virtual reality experiences have become dominant sources of entertainment for many teens. These activities offer immediate gratification and social interaction without the risks associated with drug use.

 

  • Peer Influence and Parental Involvement Research consistently shows that peer influence is one of the strongest predictors of teen behavior. As more teenagers choose to abstain from cannabis, the social pressure to use the drug diminishes. Additionally, modern parenting practices play a role in the decline. Parents today are more likely to monitor their children’s activities, engage in open conversations about drug use, and set clear expectations. This increased involvement has been linked to lower rates of substance use among teens.

 

  • Focus on Physical and Mental Health – The cultural emphasis on wellness and mental health has also shaped teen attitudes toward cannabis. Many young people are more mindful of their physical and mental well-being than previous generations. Activities like yoga, fitness challenges, and mindfulness practices have gained popularity, promoting lifestyles that discourage drug use.

 

Implications for Public Policy

 

The findings of this study carry significant implications for policymakers and public health officials.

 

 

One of the most controversial aspects of cannabis legalization was the fear that it would lead to increased use among teens. However, the study’s results suggest that legalization, when coupled with effective regulation and education, does not necessarily result in higher rates of underage use.

 

This data can inform future cannabis policies, encouraging states to adopt balanced approaches that prioritize public health without resorting to prohibition.

 

 

The success of current prevention strategies highlights the importance of continued investment in education. Policymakers should expand programs that teach teenagers about the risks of cannabis use and empower them to make informed choices.

 

 

While cannabis use has declined, other substances, such as vaping products and prescription drugs, remain prevalent among teens. Policymakers must take a comprehensive approach to substance use prevention, addressing all potential risks to teen health.

 

 

Broader Societal Context

 

The decline in teen cannabis use reflects broader societal changes that have reshaped attitudes toward drugs, health, and youth behavior.

 

Technology as a Double-Edged Sword

 

While technology has provided teens with alternatives to drug use, it also presents new challenges. The rise of social media has introduced issues like cyberbullying, anxiety, and body image concerns. Policymakers and educators must ensure that the benefits of technology outweigh its potential harms.

 

The Role of Media

 

Media portrayals of cannabis have shifted over the years, influencing public perception. In the past, movies and music often glamorized drug use, but modern media tend to present a more nuanced view. Documentaries, news programs, and social media influencers frequently discuss the risks and benefits of cannabis in a balanced way, contributing to more informed decision-making among teens.

 

The Importance of Community

 

Strong community networks have played a crucial role in reducing teen cannabis use. Schools, religious organizations, and neighborhood groups have fostered environments where young people feel supported and engaged. These connections reduce the likelihood of teens turning to drugs as a form of escape or rebellion.

 

 

Challenges and Opportunities Ahead

 

Despite the encouraging trends, challenges remain in ensuring that teen cannabis use continues to decline.

 

 

While overall use has dropped, some communities still report higher rates of cannabis use among teens. Factors such as socioeconomic status, access to education, and community resources play a role in these disparities. Targeted interventions are needed to address these inequities.

 

 

As cannabis products evolve, new challenges may arise. Edibles, vaping devices, and synthetic cannabinoids pose unique risks that require updated education and prevention strategies.

 

 

The progress made over the past three decades must be maintained through sustained effort and investment. Policymakers, educators, and parents must remain vigilant, adapting strategies to meet the needs of future generations.

 

 

Conclusion

 

The decline in teen cannabis use to a 30-year low is a remarkable achievement that reflects the success of education, regulation, and shifting social norms. It challenges fears that legalization would lead to widespread underage use and offers valuable lessons for managing public health.

 

As society continues to navigate the complexities of cannabis regulation, the priority must remain on protecting young people and empowering them to make healthy choices. The findings of this study are not just a milestone but a call to action—to build on this progress and ensure a healthier future for all.

 

By understanding the factors behind this decline and addressing ongoing challenges, we can create a society where young people thrive without the risks associated with substance use.

 

TEEN CANNABIS YOU DROPPING, READ ON…

TEEN CANNABIS USE DROP IN THE USA

WHY TEENS ARE SAYING NO TO CANNABIS AFTER LEGALIZATION!



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What are the 50 Most Prescribed Drugs in America?

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cannabis for top 50 prescriptions

What are the 50 Most Prescribed drugs in America and How could Cannabis Effect this list?

As someone who’s been closely following the evolution of medical cannabis over the past two decades, I’ve watched in amazement as study after study validates what many patients have known for years – cannabis has legitimate medical applications. We’re not talking about a handful of studies either; we’re looking at over 35,000 published papers, with more than 70% focusing on the therapeutic potential of this remarkable plant.

Recently, while diving into some research, I stumbled upon a fascinating infographic showing America’s 50 most prescribed medications. As I studied this list, a question kept nagging at me: how many of these pharmaceutical heavy-hitters share therapeutic overlap with cannabis? Given that patients in legal medical states consistently report substituting some of their prescription medications with cannabis – often citing fewer side effects and better overall tolerance – I figured this warranted a deeper look.

Now, before we dive in, I need to make something crystal clear: this article isn’t medical advice. I repeat: NOT medical advice. If you’re considering substituting any medication with cannabis, you absolutely must consult your physician first. Some of these medications are vital and cannot be replaced, period. What I’m offering here is merely an analysis of potential therapeutic overlaps, intended to spark informed discussions between patients and their healthcare providers.

In this exploration, I’ll be focusing solely on medications where there’s documented evidence of symptom management overlap with cannabis. Think of this as a conversation starter – a way to better understand where cannabis might fit in our modern medical landscape.

Ready to dive into this fascinating intersection of traditional pharmaceuticals and botanical medicine? Let’s roll!

 

Looking at our infographic, we can break down these top 50 prescribed medications into several distinct categories:

  • Antihypertensives: Medications that control high blood pressure

  • Pain Management: Including both opioids and non-opioid analgesics

  • Mental Health: Covering antidepressants, anti-anxiety medications, and antipsychotics

  • Diabetes Management: Drugs that help control blood sugar levels

  • Gastrointestinal: Medications for acid reflux, ulcers, and digestive issues

  • Antibiotics: Drugs that fight bacterial infections

  • Respiratory: Medications for asthma and breathing difficulties

  • Statins: Cholesterol-lowering medications

  • Hormones: Including thyroid medications and birth control

  • Anti-inflammatory: Drugs that reduce inflammation and treat arthritis

Now, let’s be real here – cannabis isn’t some miracle cure-all that’s going to replace every medication on this list. You’re not going to treat a bacterial infection with cannabis, and it’s certainly not going to replace insulin for diabetics. Anyone telling you different is selling snake oil, plain and simple.

However, where cannabis does shine is in several key categories: pain management, mental health, gastrointestinal issues, and inflammation. These are areas where we have solid research backing cannabis’s therapeutic potential, and where many patients report significant benefits. Throughout the rest of this article, we’ll dive deep into these specific categories, examining where cannabis might offer alternative or complementary options for patients under proper medical supervision.

Remember, even in these categories, cannabis isn’t necessarily a replacement but rather another tool in the medical toolbox. It’s about expanding options, not limiting them.

After pouring through thousands of studies on cannabis, certain therapeutic applications consistently rise to the top. The research shows particularly promising results in:

  • Chronic Pain Management: A comprehensive 2021 systematic review published in JAMA found that cannabis-based medicines provided significant pain relief for various chronic pain conditions, with patients reporting a 30% or greater reduction in pain.

  • Anxiety and Depression: While more research is needed, studies suggest that CBD, particularly in combination with THC, can help reduce anxiety symptoms. A notable 2019 review in the Journal of Clinical Medicine found that 79.2% of patients reported anxiety reduction after cannabis treatment.

  • Sleep Disorders: Research indicates cannabis can improve both sleep quality and duration, though interestingly, different cannabinoid ratios appear to have varying effects. Some users report success with high-CBD strains for sleep, while others find THC-dominant varieties more effective.

  • Nausea and Appetite Stimulation: This is one of cannabis’s best-documented benefits, particularly for cancer patients undergoing chemotherapy. The American Cancer Society has acknowledged its effectiveness in this area.

  • Muscle Spasticity: Multiple studies, particularly in MS patients, show cannabis can significantly reduce muscle spasms and associated pain.

However – and this is crucial – cannabis isn’t a one-size-fits-all solution. Your endocannabinoid system is as unique as your fingerprint. What works wonders for your friend might give you anxiety, or might not work at all. This individual variation is due to differences in our endocannabinoid systems, including receptor density, endocannabinoid production, and enzyme activity.

Think of it like this: if your endocannabinoid system is a lock, cannabis compounds are keys. But everyone’s lock is slightly different, which is why finding the right “key” (strain, dosage, consumption method) often requires patient experimentation under medical supervision.

This individual response factor is precisely why proper medical guidance is essential when considering cannabis as a treatment option. It’s not just about trying cannabis – it’s about finding the right approach for your specific physiology.

Looking at this infographic, several medications immediately jump out as having therapeutic overlap with cannabis. Let’s break these down by category and crunch some numbers that might explain why Big Pharma isn’t exactly thrilled about cannabis legalization.

Pain Management & Anti-inflammatory Medications:

  • Hydrocodone/Acetaminophen (Vicodin): $3.7 billion annually

  • Tramadol: $2.5 billion annually

  • Naproxen: $2.5 billion annually

  • Celecoxib (Celebrex): $4.7 billion annually

  • Meloxicam: $1.7 billion annually Total Impact: $15.1 billion annually

Cannabis has shown significant potential in managing both chronic and acute pain, potentially affecting millions of patients currently using these medications. Studies consistently show that states with medical cannabis programs see a 20-25% reduction in opioid prescriptions.

Mental Health Medications:

  • Sertraline (Zoloft): $37.7 billion annually

  • Escitalopram (Lexapro): $31.7 billion annually

  • Trazodone: $2.1 billion annually

  • Alprazolam (Xanax): $1.1 billion annually Total Impact: $72.6 billion annually

While cannabis isn’t a direct replacement for antidepressants or anti-anxiety medications, many patients report using it successfully to manage symptoms of anxiety, depression, and sleep disorders. Studies show particularly promising results for anxiety and PTSD management.

Gastrointestinal Medications:

  • Omeprazole (Prilosec): $3.4 billion annually

  • Pantoprazole: $2.7 billion annually

  • Ondansetron: $2.3 billion annually Total Impact: $8.4 billion annually

Cannabis has shown effectiveness in managing nausea, increasing appetite, and reducing gastrointestinal inflammation. Many patients with conditions like IBS and Crohn’s disease report significant benefit from cannabis use.

Sleep Medications:

Cannabis, particularly indica strains and CBD-rich varieties, has shown promise in helping with sleep disorders.

Running the Numbers: If we total up just these categories where cannabis shows therapeutic overlap, we’re looking at approximately $98 billion in annual pharmaceutical sales. Now, let’s be conservative and assume that only 25% of patients might successfully transition to cannabis-based treatments (remember, cannabis isn’t effective for everyone, and some patients may need to continue their current medications). That would still represent a potential $24.5 billion annual impact to pharmaceutical industry revenues.

But here’s where it gets really interesting: In states with medical cannabis programs, studies show:

  • Opioid prescriptions drop by 20-25%

  • Anxiety medication prescriptions decrease by 12-15%

  • Sleep aid prescriptions reduce by 10-15%

  • Anti-inflammatory prescriptions decline by 15-20%

If we apply these more realistic reduction percentages across our categories:

  • Pain/Anti-inflammatory ($15.1B × 20%) = $3.02B reduction

  • Mental Health ($72.6B × 15%) = $10.89B reduction

  • Gastrointestinal ($8.4B × 15%) = $1.26B reduction

  • Sleep ($1.9B × 15%) = $285M reduction

Total Potential Annual Impact: $15.455 billion

This helps explain why pharmaceutical companies spend millions lobbying against cannabis legalization. It’s not just about losing direct sales – it’s about losing market share in some of their most profitable categories.

Remember, these numbers are conservative estimates. The actual impact could be significantly higher, especially considering that cannabis often helps with multiple symptoms simultaneously. For example, a patient might use cannabis not just for pain, but also for sleep and anxiety, potentially replacing several medications with a single plant-based treatment.

This analysis also doesn’t account for the potential growth in cannabis-based pharmaceutical products, which could offset some of these losses for companies willing to adapt to changing market conditions. However, it does illuminate why many pharmaceutical companies view cannabis legalization as a significant threat to their current business model.

After diving deep into these numbers, it becomes crystal clear why pharmaceutical companies are pushing so hard for Schedule III classification rather than full legalization. We’re looking at potential losses of over $15 billion annually – and that’s with conservative estimates. Schedule III would allow them to maintain control over cannabis through FDA-approved medications while keeping the plant itself just restricted enough to protect their profits.

This isn’t speculation – it’s simple economics. When you follow the money, you’ll find that many of the loudest voices against cannabis legalization are directly or indirectly funded by pharmaceutical interests. Despite overwhelming public support for legalization (recent polls show over 70% of Americans favor it), our government continues to drag its feet. Why? Well, $15 billion worth of annual revenue can buy a lot of political influence.

But here’s what really gets me: imagine a world where you could grow your own medicine in your backyard. Where you wouldn’t need to choose between paying for prescriptions and putting food on the table. Where natural alternatives aren’t demonized to protect corporate profits. That’s what this debate is really about – returning the power of healing back to the people.

Now, I need to put my serious hat on for a moment: while this analysis shows interesting overlaps between cannabis and pharmaceutical medications, NEVER make medical decisions based on an article you read online – even one of mine. Your health isn’t something to experiment with. Always consult with a qualified healthcare provider before making any changes to your medication regimen.

The truth is, cannabis isn’t going to replace all these medications, nor should it. But it deserves a place at the table – not as a patented pharmaceutical product, but as a natural medicine accessible to all who need it.

IMG URL: https://www.reddit.com/r/coolguides/comments/1ho66sa/

a_cool_guide_most_commonly_prescribed_drugs/#lightbox

 

BIG PHARMA CREATES CLIENTS, NOT CURES, READ ON…

BIG PHARMA CREATES CLIENTS

BIG PHARMA CREATES CLIENTS NOT CURES, READ WHY HERE!



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Happy New Year From Canna Law Blog!

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May the year ahead be rich with growth, success, and business and legal breakthroughs.

Here’s to 2025— let’s make it groundbreaking!

The post Happy New Year From Canna Law Blog! appeared first on Harris Sliwoski LLP.



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