Buying Hemp Seeds Is It Legal? 2022: latest information, video tips, changes

⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex but, in this article, we will try to answer the question “Buying Hemp Seeds Is It Legal? 2021.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

The legalization of CBD at the federal level in the United States was a breakthrough. The sale of cannabis products is limited to the state. It is impossible to export goods outside its borders. In the case of CBD-based products, it is possible to distribute from a single center and export goods, Jordan conveyed through a representative. His Curaleaf, which initially focused only on medical marijuana products, immediately launched a line of CBD-based products after the law was passed.

In Russia, only hemp varieties can be cultivated that contain no more than 0.1% tetrahydrocannabinol in the dry mass of leaves and inflorescences of the upper parts of the plant, and use them for industrial purposes, says Yulia Divnich, president of the hemp growers association ARCO. Since 2021, Evgeniy Skigin has taken up the cultivation of industrial (drug-free) hemp. This is the son of a businessman from St. Petersburg, Dmitry Skigin, who in the 1990s. was a co-owner of the Sovex fuel filling complex in Pulkovo and the St. Petersburg oil terminal. Founded by Skigin Jr. together with his partner, it calls itself the largest hemp grower with a crop area of 3,500 hectares. It turns out that it accounts for almost half of the hemp crops in Russia. About 500 million rubles have already been invested in the project, and in the next three years this figure will exceed 3 billion, says Konoplex CEO Milena Alexandrova. The company's main product is vegetable oils, including those from other agricultural crops, but in 2022 the production of fiber from hemp stems began in test mode. It can be used to make ropes, non-woven materials, textile products, paper, bandages, thermal insulation, and the company expects to make this the main direction. The company does not disclose financial indicators.

Not just cannabis

The Starta Ventures fund is also eyeing this market, notes the company’s managing partner Alexey Girin. He has already invested in My Super Paws, which produces CBD-based products for pets.

The absence of narcotic substances in marijuana seeds exempts it from administrative and criminal liability, unless the purpose is to use them as “seed material”. Consequently, the purchase of seeds itself is not punishable by law, which makes its purchase through online stores a completely harmless matter.

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Hemp and the law, are the seeds legal?

However, germination of a seed is equated to its cultivation, which, in turn, is interpreted as the creation of special conditions for sowing and growing drug-containing plants. In this case, the seed no longer falls under the category of food or souvenir.

Hemp seeds and Russian law

When purchasing hemp seeds, many growers ask themselves a legal question – whether the sale and purchase of seeds is allowed in a given country. And this is a completely logical question, because... The vast majority of countries have legal regulations that criminalize the cultivation, transportation, sale and use of cannabis containing THC. Cannabis, not its seeds, which, by the way, do not contain any narcotic substances.

Answer: In fact, you cannot grow narcotic plants at home or in your garden (dacha, etc.). Another thing is that for growing cannabis in an amount of up to 20 bushes you can be held administratively liable. Over 20 bushes are already facing criminal liability.

So, if a person grew hemp on a small scale, then he faces administrative liability in accordance with Art. 10.5.1. Code of Administrative Offenses of the Russian Federation: a fine of 1.5-4 thousand rubles or restriction of freedom for a period of 15 days.

Cannabis cultivation: when is there criminal and when is administrative liability?

Situation 3 . A resident of Vladivostok appeared in court for illegally cultivating plants containing narcotic substances on an especially large scale. As part of Operation Poppy, the police found a plot in one of the plantings where an illegal citizen was growing 1,200 hemp bushes, which he carefully tied up, fertilized and watered. The man admitted his actions and repented of his actions. A case was initiated against him under Art. 231 of the Criminal Code of the Russian Federation. The court found the suspect guilty and sentenced him to imprisonment for a period of 4 years and 6 months in a special regime colony.

— The use of hemp seeds as seed material is a violation of the Laws of the Russian Federation and falls under Article 231 of the Criminal Code of the Russian Federation and Article 10.5.1 of the Administrative Code. A person who neglects these articles bears full personal responsibility in accordance with the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.

Buying hemp seeds and the law

2. The same acts, committed on an especially large scale, are punishable by imprisonment for a term of three to ten years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years. (Clause 1 as amended by Federal Law dated May 19, 2021 N 87-FZ)

Legislation of the Russian Federation:

1. Illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues on a large scale, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances on a large scale - shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or restriction of freedom for a term of up to three years, or imprisonment for the same term. (as amended by Federal Laws dated December 27, 2021 N 377-FZ, dated May 6, 2021 N 81-FZ, dated December 7, 2021 N 420-FZ)

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monetary penalty of up to 300 thousand rubles;
performance of free work by a convicted person in his free time from his main place of work for a period of up to 480 hours;
restriction of freedom of a convicted person for up to 2 years;
imprisonment for up to 2 years.

Cannabis and Medical Cannabis Laws

Recently, the editors began to receive many requests asking whether it is possible to sell hemp herbal tea, oil, cosmetics and perfumes, dietary supplements, and other products with SVD and, accordingly, where to buy them. The number of requests asking for the requirements necessary for growing hemp for medical purposes, including for personal consumption, has also increased sharply, as well as a list of reliable companies selling medical hemp .

This explosive interest is explained by the fact that, thanks to the UN decision, most developed countries of the world began active research on hemp plants for agro-industrial and medical purposes, and media at various levels began to write articles and show stories about hemp and hemp growing. In addition, in Israel, Australia, a number of countries in Europe and America, medical cannabis, or medical cannabis, and certain types of cannabinoids have been legally legalized. As a result, doctors in these countries received the right to prescribe, and patients the opportunity to use for medicinal purposes, both plant materials and extracts obtained from them. Hemp began to bring good, and legal, profits, which aroused intense interest among investors.

There are immigrants from the USSR in almost every country in the world. They communicate with relatives, friends, partners and inform Russians about new medicines, food products, animal feed, types of shoes, clothing, construction and other industrial products made from hemp. This also changed the attitude towards hemp in Russia for the better.

Therefore, many are surprised and unsatisfied by the answer that: “The current legislation of Russia does not allow the cultivation of plants and the sale of ready-made pharmacological products containing cannabinoids.”

Almost every applicant has to explain why in our country, unlike the Czech Republic, Germany, Lithuania, the USA and other countries, this is impossible, and what the consequences of violating the law are. In order not to answer repeated questions again and again, we decided to provide clarification.

Let's start with the global one. Botanists, despite significant external and physiological differences, classified Indian hemp (Cannabis indica ), weed hemp (Cannabis ruderalis) and hemp (Cannabis sativa subsp. Sativa) into one species - Hemp (Cannabis sativa) . That is why the United Nations Single Convention on Narcotic Drugs of 1961 (as amended in 1972) included hemp in the list of narcotic plants and obliged the governments of participating countries to strictly control the cultivation of all varieties of hemp.

In accordance with international obligations in our country, hemp is classified as a prohibited plant. In List No. 1 approved by Decree of the Government of the Russian Federation of June 30, 1998 N 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (with amendments and additions dated: February 6, November 17, 2004 , July 8, 2006, July 4, 2007, June 22, December 21, 31, 2009, April 21, June 3, 30, July 29, October 30, November 27, December 8, 2010, February 25, March 11, July 7, October 6, December 8, 2011, February 22, March 3, April 23, May 18, September 4, October 1, 19, November 23, 2012, 4, February 26, June 13, 10 July, September 9, November 7, December 16, 2013, March 22, May 31, June 23, October 25, December 9, 2014, February 27, April 9, May 8, July 2, October 12, 2015, April 1, 2016, January 18, February 21, May 25, July 12, 29, 2022, March 28, June 22, December 19, 2022) the following plants and products are indicated: Hashish (anasha, cannabis resin), Cannabis (marijuana), cannabis oil (hashish oil), Tetrahydrocannabinols (all isomers) and their derivatives.

There is criminal liability for illegal cultivation of hemp (Article 231 of the Criminal Code of the Russian Federation “Cultivation of hemp”).

Source: https://ugolovnyi-expert.com/otvetstvennost-za-vyrashhivanie-konopli/

However, Federal Law No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”, adopted on January 8, 1998, regulating the cultivation and circulation of hemp in the Russian Federation, allows the cultivation of narcotic plants for use in scientific, educational purposes and for expert activities.

However, only state unitary enterprises and institutions have the right to cultivate narcotic plants for scientific purposes - and only with a license.

To obtain it, the applicant must prove that he owns premises and equipment for the cultivation of drug-containing plants and land plots remote from populated areas. In accordance with the order of the Ministry of Internal Affairs of the Russian Federation dated September 11, 2012, all objects must be fenced, the premises must be equipped with an alarm system for emergency calls to employees of the Ministry of Internal Affairs, and medical raw materials and narcotic drugs must be stored in metal safes.

Another mandatory requirement is that the management of the enterprise receiving the license must include a specialist with appropriate professional training. When changing the address, expanding production volumes, or expanding the staff of specialized specialists, the license must be reissued. Otherwise, it will be considered a violation of the cultivation of narcotic plants.

At the same time, it is prohibited to cultivate narcotic plants, including hemp, for the production and manufacture of narcotic drugs and psychotropic substances.

Article 2282 of the current Criminal Code provides for punishment for violating the rules for cultivating plants containing narcotic drugs or psychotropic substances or their precursors when used for scientific, educational purposes and in expert activities. Cultivation of narcotic herbs without mercenary motives involves a fine in the amount of the convicted person’s annual salary (but not more than 120 thousand rubles) or free work during free time from the main place of work, for a period of up to 480 hours (15 days); compulsory work for up to 15 days.

If the court decides that the offender grows hemp for profit, in addition to a fine in the amount of two years’ salary (but not more than 300 thousand rubles), his freedom may be limited, including in the form of imprisonment for up to two years. If a group of persons was engaged in illegal activities or the volume of the prohibited product exceeded 100 kg, the term of imprisonment is provided for up to 8 years

Since problems arose with the supply of imported painkillers, the Ministry of Industry and Trade of the Russian Federation introduced Draft Federal Law No. 621437-7 “On Amendments to Article 2282 of the Criminal Code of the Russian Federation” (hereinafter referred to as the bill, the Criminal Code), which was adopted in the first reading on March 14 of this year State Duma. The project provides for the lifting of the ban on the cultivation of narcotic plants for the production of painkillers used for medical and veterinary purposes.

The point is this. Cultivation of narcotic plants for medical purposes involves the selection and cultivation of narcotic plants with a high concentration of narcotic drugs and psychotropic substances, including for use in expert activities, scientific and educational purposes. And violations of the rules for the cultivation of medical cannabis, as well as the entry of products for medical purposes into illegal circulation, pose the same public danger as psychotropic marijuana products. Therefore, in addition to the existing regulations for controlling the production of narcotic raw materials, the Project obliges the complete destruction of unused crop residues of narcotic plants and produced substances, as well as annual reports on the location and area of areas where narcotic crops are cultivated.

Also in our country, the unlicensed cultivation of agro-industrial hemp varieties included in the State Register of Breeding Achievements approved for use in the Russian Federation is permitted. In accordance with Part 4 of Art. 2.1 Federal Law of 01/08/1998" agricultural hemp crops do not require special protection, since the THC content in plants does not pose a narcotic threat (not higher than 0.1%)

The new law does not provide for the legalization of narcotic plants of the Cannabis sativa species and the simplification of legislation in relation to them. That is, all painkillers are prescribed only in accordance with the procedure for providing medical care to the population approved by the Ministry of Health of the Russian Federation and in accordance with the profile of the disease, for example, oncology, as well as the mandatory recording of prescriptions issued by a doctor.

By the way, despite the fact that in a number of EU and US countries medical cannabis, as well as recreational cannabis, have been legalized and allowed into free market circulation, the concept of hemp is still in an unclear legal field. There are many restrictions on the development of the hemp industry, for example, a ban on sales on some social networks, transportation problems, and restrictions on the range of uses in food production, which is why hemp is called a “legal weed.” In addition, after the adoption of the Farm Bill, everything is licensed in the United States - cultivation, production of medicines, transport logistics, sales. The fact that these measures are correct and necessary is evidenced by the discovery of over 20 thousand tons of illegal marijuana during an inspection of medical dispensaries in one of the US states.

Responsibility for growing hemp

In the Decree of the Government of Russia No. 1002 of October 1, 2021, as amended on June 22, 2021, “On the approval of significant, large and especially large amounts of narcotic substances”, in the paragraph where cannabis is listed, it is also marijuana, the following meanings are established:

Responsibility for growing hemp in 2022

Considering that the agricultural cultivation of hemp is only gaining momentum, there is no point in renting huge areas for sowing. In the first years, you can only learn the art of hemp growing, so that in the future you can only increase the sowing area. By this time, the requirements will become less stringent.

Growing hemp

Amendments to Article 231 of the Criminal Code of the Russian Federation. Federal Law No. 81-FZ of May 19, 2010.

Recently I got into an unpleasant situation. Although, of course, he himself is to blame. I grew 5 cannabis bushes at my home. I treated my (now former) friend to this cannabis. He treated them for free, but didn’t sell them. He had no more than 2 grams of the drug left, which he handed over to the police and said that he bought it from me. His wife was recorded as a witness, but she, however, could not see the fact of the sale. He also says that he has some kind of audio recording. I grew hemp in pots, it was confiscated during the flowering period. What will happen to me now for growing cannabis ?
How will its quantity be calculated - by weight or by bush? What should I do? Thank you! Best regards, Fedor.

Our consultation. Hello.

First of all, you face criminal prosecution for cultivating a drug-containing plant (growing hemp) - Article 231, Part 1 of the Criminal Code of the Russian Federation and illegal sale of a narcotic substance - Art. 228.1, Part 1 of the Criminal Code of the Russian Federation. You will be charged with the number of hemp bushes grown under the first article and the amount of a narcotic substance under the second article. However, law enforcement agencies may not succeed in proving the fact of drug sales. For example, an audio recording that the buyer allegedly made himself will not be considered evidence. It can be legitimized through a complex procedure, but it will not play a special key role.

According to Article 228.1 Part 1 of the Criminal Code of the Russian Federation - illegal sale of ... plants containing narcotic substances, you face a sentence of 4 to 8 years. According to Article 231 Part 1 of the Criminal Code of the Russian Federation - illegal cultivation of plants containing narcotic substances - a term of up to two years, or arrest, or restriction of freedom, or a fine of up to 300 thousand rubles. But…

Last year, the government of the Russian Federation signed Federal Law No. 81-FZ of May 19, 2010, which was published in Rossiyskaya Gazeta on May 21, 2010 and, therefore, was supposed to come into force 180 days from the date of publication. Its exact name is “On amendments to certain legislative acts of the Russian Federation on the issue of cultivation of plants containing narcotic drugs or psychotropic substances or their precursors.” The bottom line is that, according to this legislative act, criminal liability for the cultivation of drug-containing plants (in particular, for the cultivation of hemp) begins with the identification of the quantity - 20 bushes. If a smaller amount is confiscated from you, you will only be subject to administrative liability. And here a fine of 1.5 to 4 thousand rubles is provided, or arrest for up to 15 days. So in this regard you are lucky. All that remains is to prove non-involvement in the sale of plants containing narcotic substances, that is, to “beat off” Article 228 Part 1 of the Criminal Code of the Russian Federation.

I bought hemp seeds. Will there be consequences?

Please tell me, when buying hemp seeds in an online store, is there a high probability of seeing drug police at your place, for example, a month after receiving the parcel?

Our lawyer. According to the law, you are not in danger of buying hemp seeds. But, if this fact is brought to the attention of the police, then consider that you have already “earned” their close attention to your loved one. After all, you can grow a bush from seeds, and this is already a criminal offense (you didn’t buy them to fry, or as sellers on the Internet write: only for use as souvenirs...). Moreover, official suppliers and large online stores selling marijuana seeds retain their customer base and, upon request, can provide it to the relevant authorities (or on their own initiative in the case of, for example, large quantities). In addition, problems may arise when sending by mail, which is checked by dog handlers. Then, in addition to all the troubles, forget about your money.

How to open a business for growing industrial hemp in Russia

Copies of documents that confirm that the license applicant has equipment, premises and land plots, the rights to which are not registered in the Unified State Register of Rights to Real Estate and transactions with it (if such rights are registered in the specified register - information about these premises and land plots)

How to open a business for growing industrial hemp from scratch

In order to start your own hemp growing business, it is enough to register a business entity form. It is unlikely that it will be possible to register a peasant farm enterprise, although in this case it will be possible to enjoy not only tax benefits, but also other incentives from the state for agricultural entrepreneurs. I would like to believe that when the government understands the importance of cultivated hemp, the number of benefits and support will increase even more (this, in any case, has been the case throughout history, when rulers encouraged the cultivation of this crop).

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Hemp can be processed into biofuel, fabrics and paper are made from it, food products are produced from the seeds - hemp oil, flour. Even gunpowder can be obtained from hemp. Almost anything made from oil, cotton or wood can be made from hemp. Hemp is the future! Moreover, quite recently the State Drug Control Agency approved the cultivation of industrial hemp.

How to start a business growing industrial hemp from scratch

Separate attention should be paid to protecting the future territory. Despite the fact that industrial hemp is not of interest to “weed” lovers, growing it in an unfenced space and with open access is prohibited by law.

Costs and profits

Projects in the agricultural industry are gaining momentum against the backdrop of a policy towards import substitution. Recently, there has been every chance of a revival of hemp production - an industry that was prosperous in our country for a long time until it was completely banned. In this article we will look at how to start a business growing industrial hemp.

Amendments to Article 231 of the Criminal Code of the Russian Federation. Federal Law No. 81-FZ of May 19, 2021.

Last year, the Russian government signed Federal Law No. 81-FZ of May 19, 2022, which was published in Rossiyskaya Gazeta on May 21, 2022 and, therefore, was supposed to come into force 180 days from the date of publication. Its exact name is “On amendments to certain legislative acts of the Russian Federation on the issue of cultivation of plants containing narcotic drugs or psychotropic substances or their precursors.” The bottom line is that, according to this legislative act, criminal liability for the cultivation of drug-containing plants (in particular, for the cultivation of hemp) begins with the identification of the quantity - 20 bushes. If a smaller amount is confiscated from you, you will only be subject to administrative liability. And here a fine of 1.5 to 4 thousand rubles is provided, or arrest for up to 15 days. So in this regard you are lucky. All that remains is to prove non-involvement in the sale of plants containing narcotic substances, that is, to “beat off” Article 228 Part 1 of the Criminal Code of the Russian Federation.

Responsibility for growing hemp according to the law in the Russian Federation

There are many countries where marijuana is legalized, including as an agricultural crop. But the Russian Federation is not one of such states. In Russia, unauthorized landings are still strictly prohibited. It doesn’t matter whether it’s growing hemp on a windowsill at home, a couple of bushes in a greenhouse or a hectare on a farm. The size of the plantation will only affect the severity of the punishment.

Regulations

The prohibition of hemp falls under Article 10.5.1. “Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors” of the Code of Administrative Offenses. The term “cultivation” in it means both cultivation itself and selection, breeding new varieties, experiments with the selection of fertilizers, watering, lighting to obtain a better harvest. As we have already mentioned, only federal state unitary enterprises with a special license can do this in Russia.

Amendments to the legislation appeared thanks to the Federal Law of May 19, 2010 No. 87 “On amendments to certain legislative acts of the Russian Federation on the issue of cultivation of plants containing narcotic drugs or psychotropic substances or their precursors.” But they only concern the abolition of criminal prosecution for a minimum amount of cannabis. Unauthorized (including home) cultivation of cannabis remains prohibited.

Penalty for growing cannabis at home

Liability for marijuana depends on the quantity. For storage, sales, and transportation, the following gradation has been introduced:

a small amount (up to 6 grams);
significant (from 6 to 100 grams);
large batch (more than 100 grams);
especially large batch (from one hundred kilograms).

When growing, the calculation is different. It doesn’t matter whether a person has planted one bush or more – cultivation is still considered illegal. But if a personal plantation contains less than 20 bushes, then the punishment will be exclusively administrative: a fine of 1,500 to 4,000 rubles or 15 days of arrest.

That is, the answer to the question: “Is it possible to grow hemp at home?” in any case - “No!” But there will be no criminal case for a few bushes.

If the police find more than two dozen bushes (that is, we are clearly not talking about personal “pleasure”), then the punishment will be imposed according to the Criminal Code, and, naturally, it will be much more severe:

imprisonment or restriction of liberty for up to 2 years;
community service (up to 480 hours);
a large fine (from 40 to 300 thousand or up to two annual salaries).

In aggravating circumstances (sales via the Internet, distribution in educational institutions, organized group, repeated recruitment, etc.), the term may increase to 8 years.

The foreigner will also be deported.

By the way, you don’t need to think that when growing at home, “no one will see, no one will know.” Cultivated cannabis (the one from which the drug can be obtained), unlike industrial varieties, is a very capricious plant. The frenzied increase in the meter for powerful lighting, the purchase of special fertilizers and other signs give hemp growers away. And even the most ignorant neighbors will recognize the characteristic foliage.