Cannabis Seed

Yes. With the establishment of the Minnesota Cannabis Law in 2023 (Minnesota Statutes Chapter 342), cannabis seeds may be legally sold in Minnesota if the sale complies with the Minnesota Seed Law and any additional requirements under the Minnesota Cannabis Law.

The Minnesota Seed Law is a truth-in-labeling law that has protected seed consumers for over 100 years by ensuring transparency and fairness in the seed marketplace. The law requires companies that label seed for sale in Minnesota to test and accurately label their products. These requirements help consumers make informed purchasing decisions and ensure that all companies operate under the same regulatory standards, promoting a fair and competitive marketplace.

While the Minnesota Seed Law governs seed products sold in Minnesota, all 50 states have their own seed laws, most of which have requirements that are unique to each state. Companies selling seed across state lines must be aware of and comply with each state’s regulations.

Under the Minnesota Seed Law, cannabis seed is regulated like any other seed sold in the state. Labelers of cannabis seed must test and label their products according to law, providing buyers with confidence that the label accurately reflects the contents. These requirements not only protect consumers but also help companies build trust and credibility in Minnesota’s emerging cannabis market.

Cannabis remains federally classified as a controlled substance, so cannabis seed is not currently covered under the Federal Seed Act. While Minnesota and other states regulate cannabis seeds under state law, the Federal Seed Act does not apply to them.

The Federal Seed Act (7 CFR Chapter I, Subchapter K) regulates the labeling and purity standards of agricultural and vegetable seeds in interstate commerce. It ensures that seed shipments moving between states are accurately labeled with essential quality information, helping buyers make informed decisions. The Federal Seed Act is similar in structure to state seed laws, including Minnesota’s, but applies specifically to seeds involved in interstate trade.

Cannabis sativa L. plants may be bred to produce varying concentrations of delta-9 tetrahydrocannabinol (THC) and other cannabinoids.

•  Hemp seed originates from, or produces, mature plants with a total delta-9 THC concentration of 0.3% or less on a dry-weight basis. This classification must be supported by required documentation, including Certificates of Analysis (COAs) verifying the total THC concentration of parent plants.
• Cannabis seed originates from, or produces, mature plants with a total delta-9 THC concentration greater than 0.3% on a dry-weight basis.

Cannabis seed lots without valid test records demonstrating the parent plant or source material meets the 0.3% total THC threshold for hemp must be treated as adult-use cannabis under Minnesota law.
 

No. Under Minnesota law, cannabis seed originates from, or produces, mature plants that exceed a total THC concentration of 0.3% by dry weight. Seed that produces cannabis plants cannot be labeled or sold as hemp seed.

Hemp seed may only be labeled or sold in Minnesota if it meets the requirements of the Minnesota Department of Agriculture (MDA) Hemp Program (Minnesota Statutes Chapter 18K, Minnesota Rules, part 1565.1000) and the Minnesota Seed Law, including documentation showing that the parent plants or source material were compliant hemp plants (≤ 0.3% total THC).

A Seed Labeler produces, conditions, and packages seed and sells it directly to consumers or to retailers. The labeler is responsible for adhering to seed testing and labeling requirements under the Minnesota Seed Law. Labelers may also purchase seed from other seed labelers and relabel it, or contract with another company to produce seed on their behalf. We strongly recommend that labelers establish clear working relationships with seed retailers, as the labeler is ultimately responsible for the quality and labeling accuracy of all seed products bearing their name in the marketplace.

A Seed Retailer offers seed for sale to consumers or other retailers. A labeler may also be a retailer; however, a retailer is not required to be a labeler if they purchase seed from a Minnesota-licensed labeler for resale, as long as they do not alter, repackage, or relabel the seed. If a retailer repackages or relabels the seed, they become a labeler and must obtain a seed permit.

A Seed Producer grows seed for sale or for future planting. They are the grower or originator of the seed and may sell it to a labeler who cleans, tests, and labels it for sale, or they may act as their own labeler if they package and sell the seed under their own name. It is common for producers to work under contract with a licensed labeler. In these cases, the labeler assumes the responsibility for labeling, and the producer does not need a separate seed permit. For cannabis seed, a grower producing feminized seed for resale to a seed labeler is considered a producer. However, if they also package and sell the seed directly to customers in Minnesota under their own name and address, they are both a producer and a labeler and must obtain a Minnesota seed permit.

Any person or company labeling seed for sale in Minnesota must obtain a Minnesota Seed Permit. Permit applications can be submitted to the Minnesota Department of Agriculture.

Labelers selling cannabis seed for home-gardener use should apply for a Category B permit and pay the appropriate fees. This is an annual permit, and fees are based on annual gross sales in Minnesota during the previous year. Each permit expires on December 31 of the year it is issued. Permits must be renewed annually to remain active.

Permits for commercial sale will be available in 2026. Labelers selling cannabis seed to OCM licensed producers in commercial quantities must apply for a Category A permit. This is an annual permit intended for labelers who sell 50,000 pounds or less of agricultural, native grass, and/or wildflower seed in Minnesota per calendar year. Category A permit applies to seed lots packaged for commercial use in containers greater than one pound. This permits expire on December 31 each year and must be renewed annually.

In certain situations, labelers may be required to hold both Category A and Category B permits, as each category carries distinct requirements. Please contact seed.mda@state.mn.us with questions.

A Minnesota seed permit application is available here.

Labelers must:

• Obtain a permit to label seed for sale.
• Test every lot of seed labeled for purity, noxious weeds, germination, and label seed based on these results.
• Maintain a complete set of records for every lot of seed labeled and sold, including:
  • A copy of a grower’s declaration or similar document that identifies the variety used in that lot and the origin where the seed was produced.
  • A copy of the label for that lot.
  • A copy of the test results for that lot.
  • Copies of the invoices for the purchase and/or sale of each lot.
  • A file sample that is representative of the lot.

The MDA recommends testing seed with an AOSA/SCST accredited lab.

Testing services are available through:

• Minnesota Department of Agriculture Laboratory Services Division
• Minnesota Crop Improvement Association (MCIA)
• Commercial labs in other states that offer cannabis testing

Hemp seed labelers must also test parent plants used to produce the hemp seed at the appropriate developmental stage and obtain a certificate of analysis (COA) verifying that the plants contained less than 0.3% total delta-9 THC on a dry-weight basis. Cannabis seed does not need THC testing but if no COA is provided showing the seed meets the legal definition of hemp, the seed lot is considered adult-use cannabis.
 

Just like any other seed sold, cannabis seed has specific labeling requirements under the Minnesota Seed Law
(Minnesota Statutes, section 21.82).

Home-use product: Labeling guidelines for cannabis seed sold to home gardeners is available from the MDA Seed Program.

Commercial-use product: Labeling requirements for cannabis seed sold to licensed producers or for other commercial purposes is available from the MDA Seed Program.

Labelers must test seed to make sure that it meets the minimum purity and germination requirements as well as for contaminants, including other crop, weed seed, inert matter, and Minnesota noxious weed seeds. Additional details about these minimum requirements are available on the MDA website.

If a labeler makes any claims about THC or any other cannabinoid concentration on the package, then the labeler must also test the parent plants for THC or specific cannabinoids and maintain a Certificate of Analysis (COA) as part of the testing record.

The Cannabis Law defines cannabis seed as any seed from the genus Cannabis that is reasonably expected to grow into a cannabis plant; therefore, having a total tetrahydrocannabinol (THC) concentration of more than 0.3% on a dry weight basis. This definition equates cannabis with marijuana as defined in Minnesota Controlled Substances Law (Minnesota Statutes Chapter 152). Any cannabis seed labeled for sale in Minnesota will be identified as cannabis or marijuana. Because Minnesota Cannabis Law refers to “marijuana” as cannabis, many other states continue to use the term “marijuana”.  

For the purpose of selling and labeling seed in Minnesota, the MDA will recognize both common names. This approach to labeling will ensure that it is consistent with seed labeling in other states where marijuana/cannabis is legal. It will also ensure that the seed will not be confused with hemp.
 

Yes. The MDA Seed Regulatory Program is required to inspect ALL seed for sale in Minnesota (including cannabis seed) as part of their routine surveillance of seed in the state. Inspections include:

• Label review
• Records audits
• Sampling and testing of seed lots.

The MDA also investigates consumer complaints.

Farmers may save and replant seed from crops grown on their own farm only if the seed and crop are legally produced and used under Minnesota law. However, some seed varieties may also be protected by intellectual property rights, such as patents or plant variety protections, which can restrict saving and replanting.

For cannabis specifically, farmer-saved seed is subject to additional regulations under the jurisdiction of the Office of Cannabis Management (OCM). Please consult the OCM for guidance on cannabis seed use and compliance.

No. Labeling cannabis seeds as “novelty” or “souvenir” items does not exempt the seller/ labeler from cannabis or seed regulatory requirements and may be viewed as misleading or non-compliant advertising.

If the seeds are capable of germination or are intended for planting, they are considered viable seed and are subject to the Minnesota Seed Law and any applicable cannabis regulations.

Under the Minnesota Seed Law, advertising cannabis seeds in a misleading or non-compliant manner is prohibited and may result in enforcement action. Any claim, image, or statement that misrepresents the seed’s identity, quality, germination, or intended use violates the truth-in-labeling provisions of the Minnesota Seed Law (Minnesota Statute § 21.80 – 21.92). Labelers and sellers must present accurate information about the seed’s kind, variety, and labeling category, and cannot suggest unverified traits such as THC/CBD potency, yield, or genetic performance. Similarly, using terms like “souvenir,” “novelty,” or “not for planting” to avoid regulatory requirements is considered deceptive marketing if the seed is viable and intended for cultivation. In Minnesota, cannabis seeds must be sold and advertised only by permitted seed labelers in compliance with both the Minnesota Seed Program and Office of Cannabis Management regulations governing lawful cannabis commerce.

Any retailer can sell cannabis seed if regulations are followed:

• Retailers selling seed are not required to have a permit.
• Retailers should offer seed for sale that is completely labeled as required.
• Retailers may only offer seed that is labeled for sale within the year that the seed is packed for (e.g. Packed for 2025) or prior to the sell by date (e.g. Sell By 12/25). These labeled dates ensure that a seed lot was tested within a 12-month period when sold.
• Retailers are required to keep records of seed purchases and sales.

Retailers should purchase seed only from companies that hold a valid permit to label and sell seed in Minnesota. The purchased seed lots must be fully labeled as required by the Minnesota Seed Law. See other recommendations on the MDA’s website for consumer protection. Labeler permit status can be verified on the MDA’s licensing website by searching for “seed permit,” or by contacting the MDA Seed Program for assistance.

If the company selling the seed does not have a current seed permit, they may contact the MDA with questions or complete the Seed Permit Application and follow the instructions provided on the MDA Seed Program website.

You can purchase cannabis seed in Minnesota now. Labelers and retailers have been able to sell cannabis seed since August 1, 2023.

There is no limit on the amount of seed an individual can purchase. Seed must be packaged and labeled for sale in containers of 1 lb. or less.

People aged 21 and older can grow up to eight cannabis plants, with no more than four being mature at one time (Minnesota Statute Chapter 342.09; Subdivision 2). 

• Purchase seed that is completely labeled. See other recommendations on the MDA’s website for consumer protection.
• The labeler should have a Minnesota seed permit. You can check permit status on the MDA’s licensing website. Search for seed permits.
• Consumers may make a complaint through the MDA website.