Non-viable Cannabis seed, with the exception of its derivatives
Effective 12 Mar 1998, SOR/98-157 replacement for:
Non-viable Cannabis seed
There is much confusion about the legality of Cannabis seed. Some believe that because the seeds contain no Tetrahydrocannabinol (or any other controlled substance) they are beyond the reach of the CDSA, but that is not the case.
While it is true that Cannabis seed is not explicitly listed in the CDSA as a controlled material, the Cannabis plant is controlled by the CDSA, and Cannabis seed is considered part of the Cannabis plant.
Furthermore, since the CDSA explicitly excludes “non-viable Cannabis seed” (i.e. a seed that cannot germinate and grow into a Cannabis plant) the courts have made the reasonable inference that the CDSA includes viable Cannabis seed.