Legality of Selling Seeds In Canada, well Alberta anyways

Discussion in 'Politics' started by Chronic Don, Sep 4, 2010.

  1. Chronic Don

    Chronic Don Daddy of RP & GG

    Welll I recently sent an email to a GM of a "Headshop/Paraphenalia/Hemp" store and received this reply;
    To my knowledge there are no commercial retailers of seeds in Alberta. Unfortunately, though seeds are technically legal to sell in Canada, the law is interpretive and police in Alberta have had a nasty habit of cracking down on businesses that sell seeds. It also has to do with our political climate, Alberta being very conservative about these types of issues. We have not ruled out selling seeds entirely though, and we are looking at options that might allow us to sell seeds in the future. Its often easy to dismiss these as simple excuses, but in the end we have over 120 staff at our locations, and our owners do not wish to risk putting us all out of a job if the stores get shut down.



    Thanks for your inquiry, and truthfully, we would love to be able to sell seeds right over the counter here as well.
     
  2. EvilSkuzzi

    EvilSkuzzi Sweet Guy

    I dont know what the laws are, but i do know that 90% of all websites that claim to be canadian actually ship their seeds from the UK.
     
  3. Chronic Don

    Chronic Don Daddy of RP & GG

    So true. Last I bought online were from a "canadian" company. when I received the package it was postmarked UK.


    I had thought of making a website and selling my seeds, until I checked into it. very dangerous to do. Canadian laws say something about non viable seeds only.
     
  4. Chronic Don

    Chronic Don Daddy of RP & GG

    I called a friend who works as a secretary at a law firm and she send me this. She asked her boss and he told her for me that this is the law they'll quote when/if they bust a person for selling seeds. I guess the interpretation is if they are viable seeds they are considered marijuana, if they are non-viable then they will consider them novelty items.


    Controlled[​IMG] Drugs and Substances Act


    1996, c. 19


    [Assented to June 20th, 1996]


    An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof


    Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


    SHORT TITLE


    Short title


    1.This Act may be cited as the [​IMG]Controlled[​IMG] Drugs and Substances Act.


    INTERPRETATION


    Definitions


    2.(1) In this Act,


    “adjudicator”


    « arbitre »


    “adjudicator” means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations;


    “analogue”


    « analogue »


    “analogue” means a [​IMG]substance[​IMG] that, in relation to a [​IMG]controlled substance[​IMG], has a substantially similar chemical structure;


    “analyst”


    « analyste »


    “analyst” means a person who is designated as an analyst under section 44;


    “Attorney General”


    « procureur général »


    “Attorney General” means


    (a) the Attorney General of Canada, and includes their lawful deputy, or


    (b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy;


    [​IMG]controlled substance[​IMG]


    « [​IMG]substance[​IMG] désignée »


    [​IMG]controlled substance[​IMG]” means a [​IMG]substance[​IMG] included in Schedule I, II, III, IV or V;


    “designated [​IMG]substance[​IMG] offence”


    « infraction désignée »


    “designated [​IMG]substance[​IMG] offence” means


    (a) an offence under Part I, except subsection 4(1), or


    (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);


    “inspector”


    « inspecteur »


    “inspector” means a person who is designated as an inspector under section 30;


    “judge”


    « juge »


    “judge” means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction;


    “justice”


    « juge de paix »


    “justice” has the same meaning as in section 2 of the Criminal Code;


    “Minister”


    « ministre »


    “Minister” means the Minister of Health;


    “offence-related property”


    « bien infractionnel »


    “offence-related property” means, with the exception of a [​IMG]controlled substance[​IMG], any property, within or outside Canada,


    (a) by means of or in respect of which a designated [​IMG]substance[​IMG] offence is committed,


    (b) that is used in any manner in connection with the commission of a designated [​IMG]substance[​IMG] offence, or


    © that is intended for use for the purpose of committing a designated [​IMG]substance[​IMG] offence;


    “possession”


    « possession »


    “possession” means possession within the meaning of subsection 4(3) of the Criminal Code;


    “practitioner”


    « praticien »


    “practitioner” means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner;


    “precursor”


    « précurseur »


    “precursor” means a [​IMG]substance[​IMG] included in Schedule VI;


    “prescribed”


    « Version anglaise seulement »


    “prescribed” means prescribed by the regulations;


    “produce”


    « production »


    “produce” means, in respect of a [​IMG]substance[​IMG] included in any of Schedules I to IV, to obtain the [​IMG]substance[​IMG] by any method or process including


    (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the [​IMG]substance[​IMG], or


    (b) cultivating, propagating or harvesting the [​IMG]substance[​IMG] or any living thing from which the [​IMG]substance[​IMG] may be extracted or otherwise obtained,


    and includes offer to produce;


    “provide”


    « fournir »


    “provide” means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;


    “sell”


    « vente »


    “sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;


    “traffic”


    « trafic »


    “traffic” means, in respect of a [​IMG]substance[​IMG] included in any of Schedules I to IV,


    (a) to sell, administer, give, transfer, transport, send or deliver the [​IMG]substance[​IMG],


    (b) to sell an authorization to obtain the [​IMG]substance[​IMG], or


    © to offer to do anything mentioned in paragraph (a) or (b),


    otherwise than under the authority of the regulations.


    Interpretation


    (2) For the purposes of this Act,


    (a) a reference to a [​IMG]controlled substance[​IMG] includes a reference to any [​IMG]substance[​IMG] that contains a [​IMG]controlled substance[​IMG]; and


    (b) a reference to a [​IMG]controlled substance[​IMG] includes a reference to


    (i) all synthetic and natural forms of the [​IMG]substance[​IMG], and


    (ii) any thing that contains or has on it a [​IMG]controlled substance[​IMG] and that is used or intended or designed for use


    (A) in producing the [​IMG]substance[​IMG], or


    (B) in introducing the [​IMG]substance[​IMG] into a human body.


    Interpretation


    (3) For the purposes of this Act, where a [​IMG]substance[​IMG] is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.


    1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47.


    Interpretation


    3.(1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.


    Interpretation


    (2) For the purposes of sections 16 and 20, a reference to a person who is or was convicted of a designated [​IMG]substance[​IMG] offence includes a reference to an offender who is discharged under section 730 of the Criminal Code.


    1995, c. 22, s. 18; 1996, c. 19, s. 3.


    and this is the schedule that covers cannabis


    SCHEDULE II


    (Sections 2, 3, 4 to 7, 10, 29, 55 and 60)


    1.


    Cannabis, its preparations, derivatives and similar synthetic preparations, including


    (1)


    Cannabis resin


    (2)


    Cannabis (marihuana)


    (3)


    Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)


    (4)


    Cannabinol (3–n–amyl–6,6,9–trimethyl–6–dibenzopyran–1–ol)


    (5)


    Nabilone ((±)–trans–3–(1,1–dimethylheptyl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy–6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)


    (6)


    Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8,9, 10–tetrahydro–6–dibenzopyran–1–ol)


    (7)


    Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b,d]pyran–1–ol)


    (7.1)


    3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)


    but not including


    (8)


    Non–viable Cannabis seed, with the exception of its derivatives


    (9)


    Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks


    1996, c. 19, Sch. II; SOR/98-157; SOR/2003-32, s. 1.
     
  5. Hank Chinaski

    Hank Chinaski Ruminating

    Talk about defining your terms. Precise. That's pretty cool.


    Totally off topic and I'm sure no one cares, but it ties right in with the book I'm reading at the moment about the origin of the modern penal system.


    :F-A-Q:
     

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