Medical marijuana continues to take root across the country, but where do the first seeds come from?
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Though the federal government is allowing these “experiments” for now, states either have to allow first-time growers to access the black market, or get seeds from another state. Either is a violation of federal law. It could even be considered drug trafficking under the Controlled Substances Act. Insiders have a name for this phenomenon: the “first seed” dilemma, or the “immaculate conception.” Most state laws fail to deal with the problem at all, allowing state officials to simply turn a blind eye. An attorney working to usher in Illinois’s program, Bradley Vallerius said, “It has to be hush-hush.” He added, “I’ve seen the moment where the client realizes this is a problem.”
Different states have dealt with the problem differently. Washington State’s recreational program saw a 15 day grace period where regulators simply looked the other way. Nevada is planning to hand out growers licenses soon for its own medical program. There, cultivators are allowed to buy plants from patients—who can grow up to 12 for their own personal use under state law. However, this will be the one and only time patients can sell their plants.
Spokeswoman for the Nevada Medical Marijuana Program, Pam Graber said, “We’ve learned from what a lot of other states have done. We’ve tried to avoid a lot of the pitfalls.” But when asked about the seed dilemma she admitted “We cannot offer suggestions,” on where growers get their first seeds. Illinois’s medical marijuana program director Bob Morgan sidestepped the issue too by saying, “We’re expecting that any applicant that is proposing an operations plan is going to have a plan for getting the operations started.”
Colorado would be a likely place to get seeds, except growers there face tremendous risk when sending plants out-of-state. Not only could they lose their license, they could face criminal charges. It seems as long as states keep passing medical marijuana laws, and as long as the federal government keeps marijuana at the same designation, state officials will keep dodging the question, or ignore it.