The problem with seeds in the USA
A colleague of mine recently asked me why there are very few seed retailers in the USA? Which is a very interesting topic because at first thought you would expect that there would be plenty of seed distributors and that business would be booming considering the ongoing legalisation that is seeping in throughout the country. So why isn't it? Well, when I looked into it, it became apparent that it is quite a complicated state of affairs. So sit down, grab a coffee and try and get your head around this.
Cannabis is now legal either medicinally, recreationally, or both in many states with more sure to follow suit in the foreseeable future. However at a federal level cannabis it is still illegal under the "Controlled substance act" which absurdly see's Cannabis sitting alongside the likes of Heroin and ecstasy as a "schedule 1 classification" drug. Individual US states have been able to legalise cannabis within their own parameters as they are not obliged to enforce federal laws. The flip-side of this however is that the state cannot stop federal law enforcement from imposing federal laws should they wish to as over all, federal law trumps (excuse the pun) state law.
It must be said however that so far federal law enforcers have recently pretty much left cannabis users within legal states alone. The threat is always there though and is a contributing factor as to why there are very few US seed banks, as in theory federal agents could raid them, seize all their stock, close the business down and prosecute the owners at any given time. The matter only becomes even more complex when you look at each legal state's regulations on the buying of seeds and the growing of cannabis plants which all vary slightly.
Throw into this the federal laws, customs regulations and mailing restrictions and it seems obvious why companies are keen to steer clear of this logistical nightmare. With me so far? Cool. Let's go further down the rabbit hole and have a closer look.. In the States of Alaska and Colorado it is legal for an individual to buy enough seeds to personally grow up to 6 cannabis plants.
However in Pennsylvania and Michigan for example people cannot legally purchase any seeds, as only medical Cannabis has been legalised where recreational use and cultivation has not . The problem therefore is that companies would be breaking state laws if they were to sell and post seeds to a customer in a state where cultivation and/or recreational cannabis is still illegal and let's face it, the US is a huge market and so unless you can sell your product nationwide it's not really going to be worth starting up.
Furthermore, federal law states that the selling or buying of cannabis seeds is illegal full stop, as is the mailing of them and so even if a company is mailing seeds from one legal state to another this is still illegal in the eyes of federal law and so both sellers and buyers face risk of prosecution if the package is intercepted, as many and unsurprisingly people just do not want to take the risk. "Stealth packaging" is commonly used when seeds are sent via mail order in an attempt to evade seizure but obviously this comes at extra cost and still offers no guarantee that your seeds will make it through to you.
Some big International seed companies are willing to ship to the USA using stealth packaging also and are popular as they generally offer a better selection of seeds than are available in the USA. Some of these seed companies are based here in the UK which is kind of crazy when you think that cannabis is totally illegal here, yet it is legal to sell cannabis seeds (for souvenir purposes only of course!)
Some companies will not ship to the US at all however as if seeds are seized by customs at the border then it is at the importers expense. Getting seeds shipped internationally just adds to the minefield of potential hurdles that you face. Due to federal prohibition any agricultural product such as seeds or plants is prohibited from crossing the US border.
If as a buyer, your seeds are seized at the border you probably will not face any prosecution but you will receive a letter stating that your package has been seized as it does not comply with the regulations regarding the importation of seeds and nuts. You will also be without seeds and possibly without rights to a refund or replacement depending on the importing companies policies. So that in a nutshell is an overview surrounding the great US cannabis seed debacle! What a pickle!
That's the legal bit over. So what do US legal growers do? Where can they buy seeds? Or do they use cuttings? Are there other more practical reasons why seeds may not be popular? Let's have a look. In legal states licensed retailers, collectives and dispensaries can sell seeds and cuttings in a face to face retail environment (in store) in line with their states guidelines i.e enough seeds to grow 6 plant's at any one time. Whilst this does offer a seemingly obvious solution to the problem of sourcing your seeds,it is not without its limits.
The dispensaries are still subject to all the same rules and regulations surrounding the movement and buying of seeds and so they will only really sell a limited selection of strains and may not have what you want.Generally clones are a more popular option than seeds in the US market, partly for the legal reasons already covered but also for the following practical reasons. Seeds require a bit more skill, time and equipment to grow from scratch. They are more unpredictable and may not even germinate at all. So for the sake of 4-6 plants, many people would rather avoid the fuss, expense and knowledge required to germinate and grow from seed and just buy 4 cuttings that will be ready to go within a few weeks.
Cloned plants will flower faster than those grown from seed also, which not only saves you time but means that you could manage to squeeze in additional harvests throughout a 12 month period. Clones retail for between $25-50+ for 'adults' $15-25+ for 'teens' and $10 for "babies". Quality seeds can be expensive and you do not get many for your money, so when you consider that you can clone your clones repeatedly you can see how you would be saving yourself money in the long run.
It is thought that it is pretty common for most people to bypass legal distributors altogether and instead purchase their starting materials on the "grey market" so not from legal sellers but from fellow growers who seem to favour selling clones over seeds for as little as $10 a pop. Which offers the buyer better value for money and a better selection of strains and of course there is a monetary benefit for the seller.
Everyone's a winner albeit a slightly law breaking winner! Maybe one of the biggest reasons why clones would appear to be favoured over seeds in the USA is because clones are reliable, clones make for more uniform crops, whereas seeds will always show slight variations. What do I mean by this? Well putting my science hat on for a minute, a genotype describes the genetic features of a cannabis plant and whilst all seeds from the parent plant will have the same genes, the way they are expressed - the phenotype- will be different. Just like children from the same parents.
You have the same genes (genotype) but maybe have differences in phenotype i.e build, height and hair colour. So cannabis seeds will always grow into slight variations of the same plant and therefore can be randomly stronger, taller, weaker, flower faster, yield less etc. than their brothers and sisters. This unreliability is not ideally what you want as a grower though, what you want is stability and nothing is as stable as a clone. There is a process called "pheno-hunting" which is common with people who sell clones and buy clones.
They will hunt for and take cuttings from the best performing plants with the best phenotype as this ensures that you will get the best results every time, as every clone taken from this clone will be a carbon copy of the original. They will grow to the same height, finish flowering at the same time and produce the same level of bud potency. These inevitable results are just something that a seed cannot currently offer and at the end of the day this is what we are in it for, good solid predictable results from the best plants that we can lay our hands on.
I think that all the legalities over the sale and movement of seeds in the USA is enough to put many people off buying or indeed selling them commercially. Whilst this state of affairs could change in the near future as legislation continues to be reviewed, I do feel that, the difference in convenience, performance and results that growers het from using clones is probably why they are seen as the way to go for any grower, on any scale of indoor growing within the USA. leaving seeds in the dust by a mile.
By Rich Hamilton
