Article by The Leaf News
Dear Herb: According to government regulations, Ontario citizens may only grow cannabis plants with Ontario Cannabis Store seeds, all others have been deemed illegal.
If someone was to use the colloidal silver water process to make feminized seeds from a plant grown from legally purchased OCS seeds, would those seeds be legal as well, because of the legal parent genetics? — Smiley
Dear Smiley: Thanks for the fascinating question. Before I answer, I’d like to correct one statement in your question — I don’t see anything in Ontario’s Cannabis Control Act that says Ontarians can onlygrow their four legal cannabis plants with seeds sourced from the Ontario Cannabis Store.
Yes, Canadians who want to grow cannabis at home in accordance with the law must do so from legally sourced seeds or seedlings, which generally means those starting materials came from a licensed cannabis seller such as the OCS. (I’ve previously explained a few other possible ways to source legal cannabis starting materials, including seeds found in legally-purchased bud and seeds or seedlings shared in limited amounts by people authorized to grow them for medical purposes.)
I also believe seeds sourced from another province’s authorized cannabis retailer would be perfectly legal to grow in any province that permits home-cannabis cultivation, although it would be tricky to actually get those seeds to Ontario since provincially licensed recreational cannabis retailers only sell within their home province. But in theory, I think it would be 100 per cent legal for a friend in, say, Nova Scotia to buy four seeds from their province’s legal cannabis retailer and then share those seeds with you.
Back to your question, Smiley. I’m going to break it down into two parts: First, can an unlicensed individual like you take legally purchased cannabis seeds, then use them to generate more legal cannabis seeds without breaking the law? Second, can that be done using the colloidal silver method?
1) Can I legally create cannabis seeds from legally obtained cannabis seeds without having a government cannabis licence?
Yes, within certain limits. The federal Cannabis Act doesn’t explicitly define “legal cannabis,” the kind you’re allowed to possess and grow at home, but it does explicitly define “illicit cannabis,” the kind you’re not allowed to possess or produce under the law:
“Illicit cannabis means cannabis that is or was sold, produced or distributed by a person prohibited from doing so under this act or any provincial act or that was imported by a person prohibited from doing so under this act.” (Emphasis mine.)
Let’s apply that definition to the hypothetical legal cannabis seeds you mentioned, sourced from the Ontario Cannabis Store. Those seeds meet all the criteria for legal cannabis: they were sold and distributed by a legally authorized retailer. We also know those seeds were produced by an authorized cannabis producer — otherwise the OCS wouldn’t be selling them.
2) Can I legally create cannabis seeds using the colloidal silver method?
I ran this question by Health Canada, and the answer is no.
As far as Health Canada is concerned, colloidal silver counts as a “plant growth regulator,” which are strictly controlled under both the federal Fertilizers Act and the Pest Control Products Act (PCPA).
Even though colloidal silver isn’t used for pest control, Health Canada said it would still have to be registered for use on cannabis under the PCPA in order to be used. (Here is the list of all 26 registered cannabis pest control products in Canada. The Leaf News also wrote about Health Canada’s approach to pesticides for cannabis last year.)