Growing Cannabis in Canada: A Guide to What’s Legal, from seeds to plants

In the event that you wanted to know how to grow cannabis in Canada, look no more. This guide will take you through everything from seeds, plants, and what’s legal.

What does the law state?

“Subsection 12: Production, cultivation, propagation and harvesting — 18 years of age or older

(4) Unless authorized under this Act, it is illegal for an individual who is 18 years of age or older to cultivate, propagate or harvest, or to provide to cultivate, propagate or harvest,

(a) a cannabis plant That’s out of a seed or plant material that they know is illegal cannabis;

or

(b) over four cannabis plants at any 1 time in their dwelling-house. ”

Within Canada’s legal cannabis market many find an onslaught of legal confusion with restricted access to short stock. Right?

If your state has enabled personal creation where you live based on municipal and provincial legislation, then you just have to stick to the simple rules. No minors, no selling, no more than four plant not observable from a public space, and also only if it’s out of legal seed.

Only plants originating from seed regulated through the LDB is allowed- unregistered cannabis is still illicit. Presently, non-medical persons are permitted genetics restricted strictly to seed sold by authorized retailers in the handful of manufacturers licensed to operate. An influx will come in from new license holders that might not indicate an influx in distribution until nurseries are granted the go ahead, despite optimistic hopes upcoming producers carry for customers.

According to Health Canada:

“From October 17, 2018 to late November, Health Canada had obtained approximately 14 new applications, and these include applications for standard or micro licences, as well as for research and analytical testing licences. ”

Seed distributors don’t even exist yet!

Presently no distributor carries seed, with no schedule for when they will. In the chance you find one with your legally purchased cannabis, you’ll keep in the green.

seeds

Cannabis industry’s reply on seeds

“Unfortunately at this time there is still a lack of availability of seeds out of licensed manufacturers.

We are working with those providers that wish to supply seeds, however at this time we cannot say when we might have seeds available for purchase. ”

As cannabis store Fire and Flower said:

“We are looking to market other cannabis related products, like seeds, in the future. But as of current, we do not have a timeframe for when these are for sale in some of our shops. ”

The Ontario Cannabis Store said:

“At the moment we’re not selling any seeds. ”

Liensed producer Medreleaf responded:

“At the moment we do not have plans to make our propagation materials available for purchase. ”

To estimate Broken Coast:

“Broken Coast is a tiny facility, which isn’t put up for these type of sales at this moment. We are sorry for any inconvenience this causes. ”

Whether people are growing Cannabis at home or not is beyond debate, with much more likely to continue. However, it’s apparent many are unaware their liberal freedom is causing them to commit a federal crime by accident – growing cannabis they didn’t purchase through our government. How can you blame anyone given a complete lack of access to seeds in addition to rampant flower shortages in Cannabis Act’s infancy?

As it stands, with all the wrinkles working themselves out, not a lot of court cases have appeared. Soon, more legal battles will come after law enforcement begins implementing the new legislation, but this won’t happen until we adjust to legalization and a certified market is correctly established.

Allocating this time gap provides plenty of space for many to develop a few personal plants before we hear of too many issues regarding homegrown cannabis.

It’ll be all too apparent for people who claim their seed roots, realizing only then, they were never actually growing cannabis legally to start with.

And that’s despite all other rules having been followed to ensure ‘public safety’; frankly, ‘community convenience’ could be better language in present context!

A greater concern could be eased through our right to silence being overruled if an officer breaks enforcement protocol such as using their tools to probe monitoring information based on a vague, previously invalid suspicion, potentially still confirming an illegal supply if you’re completely absent from the system.

These investigations into monitoring may ultimately void your efforts at silence, resulting in inspections and search warrants, which are activities supported through Subsections 87 and 102 of the Cannabis Act.

A lot of people may be in possession of cannabis growing from illegal sources, with an earnest lack of consciousness for any or all Subsections described in the next interview.

Hopefully nobody will be exclaiming their seeds source to an officer, studying these truths too late to protect themselves, and potentially waiving further rights, resulting in a search within the associated dwelling, leaving them to argue their case further in a courtroom setting.

A quick interview with Sgt. Janelle Shoihet, RCMP media relations advisor

seeds

RCMP media relations advisor Janelle Shoihet. Photo courtesy of Peace Arch News.

CLN: Is the RCMP Worried About Home Production?

Janelle Shoihet: The RCMP enforcement priorities are focused on Impaired Driving, large scale cannabis production, importation and exportation and use in public areas that have the most significant impact on public safety.

For those who are planning on growing Cannabis, how necessary is it they purchase them through an authorized store?

Section 8(1)(b) of the national Cannabis Act states that unless approved under the Act, it is illegal for a person to possess any cannabis they know is illicit cannabis.

If someone obtained seeds, plants, or cannabis products beyond the legal framework and police were able to determine, either through their own admission or other means, where they got their illegal cannabis; that individual, company, or address could be the subject of further investigation enforcement action.

What tools does an officer carry to confirm product “beyond the legal framework’’ without an individual’s verbal verification?

Section 10 and 11 of the Cannabis Control and Licensing Act have provisions for the General Manager to share information with police. In the context of a police investigation, police could request information that’s collected by the Liquor and Cannabis Regulation Branch that may include video footage, or sales information.

My rights to silence could be best then. If I increase enough feeling of illicitly sourced seed or am in a situation of inevitable disclosure, what activities may follow after confirmation through these investigations?

Section 87 of the Cannabis Act and section 102 of the Cannabis Control and Licensing Act provide search warrant provisions. A police officer could compose an information to obtain a search warrant and present that information to a Judicial Justice or Judge who would examine the program, and based on the totality of the circumstances, determine if the search warrant ought to be granted. These can be pursued on a case by case basis and situational dependent.

The legislation gives officers the authority to seize any cannabis that they believe on reasonable grounds to be possessed in contravention of the act. It would be incumbent on the individual in possession to prove differently.

Author’s Ideas in Conclusion

In the event you’ believe they need to go through a lot of work for a problem they claim to not be worried about, you aren’t alone. It’s likely many officers will do their best to avoid jeopardizing your freedom, however; laws are written the way they are. Your harmless actions can only really be respected to an extent.

Sharing over four seeds from authorized distributors is allowed, up to 30g of blossom and four crops without buds. Sale is restricted, just exchange through gifting is permitted.

Seed Trade services charging for registration when gifting the seeds for free are technically classed as organizations that are banned from selling, trading, or gifting.

Sharing can begin among all individual Canadians once someone has been growing lawfully obtained Cannabis for long enough to pollinate, further producing seeds. The only trouble is, nobody has access to legal genetics yet! Aside fom a few accidentals found within their orders, which might be comprised from processing, in addition to their highly limited potential overall.

If your friend’s plants were legal before prohibition ended, through their Health Canada approved medical license; then they would have filed a Personal Use Production License “PUPL,” It also would mean they’re not permitted to share that cannabis with more than one other medical patient, such as the seeds.

“Any person who violates the terms of their authorization could face compliance action, like the revocation of the registration.

Should I Worry?

You will probably go unnoticed, as many have done in the illegal industry. You may even try dodging your way through dishonest loopholes if needed.

Keeping quiet if it’s homegrown and taking the lesser fine simply for possessing illegal cannabis might be an alternative.

What then is the point of Cannabis being lawful, if you choose residing in a deceitful shadow? If an honest accident caused by misinformation can lead you in court case?

Alternatives should be free enough that a common individual shouldn’t feel a need to brave or fear slipping into any risks. Especially not embark on them unknowingly.

Sale of seed was never scrutinizedup until the infamous Emery case regarding exportation into the USA. The difference today is people have a legal right to develop cannabis. Huge surpluses of illegal seeds are still available, of course without carry a statement advertisements that fact. Certain seed share services from ACMPR patients claim validity, which isn’t the case. These trade services are working under the guise of being a legitimate business while placing many in a position of legal danger, despite their compassionate incentive.

Only certified manufacturers are awarded an excise stamp, a tax verification system. Sale of Cannabis must be taxed to exist as a structured market in our society due to necessary regulations. Regardless argument over free market or simply the excess costs created. Seeds fit no different in a taxable market, that being said; as long as funds from this charge regulate portions of the market that rewards us, quality control for example. If seeds are sold through the LDB with these additional costs, then there must be a guarantee genetics are true, regardless the chemovore’s real outcome. Also seed must be feminized if that is what’s promoted, with a guarantee if this outcome varies. If steps to ensure such standards are followed thoroughly, requirement for excise stamps is just.

Cannabis excise and tax stamp. Photo courtesy of The Leaf News.

Taking Our Time Away

Nurturing a living a plant is much different than possessing a bag of marijuana. An investment of personal time and effort is made for a life which might last a long time. Taking this time from individuals will be unfair if they began that journey from a seed. Worth much more value than just the 250$ worth of marijuana one can transport at a time.

Featured image courtesy of Daily Maverick.

Published at Tue, 25 Dec 2018 00:12:03 +0000

Posted in: News

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