The Marijuana Prize - Are These Plants Legal?

Are marijuana foods legal?

That depends on where you are. Under US Federal law, THC is illegal, so the plants would probably be illegal under US Federal law. This is why we recommend that no one should attempt this research without the proper licensing. There is a theoretical legal path by which someone could apply for the proper licenses in the US, but -- realistically -- there probably isn't a snowball's chance in Hell that they would let that go through.

The penalties could be severe, so we recommend that people do this only under circumstances where they can be properly licensed. See Legal Issues if you are interested in doing it.

In the states, it may not be so clear. For example, California law defines "marijuana" as:

California Health & Safety Code 11018

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Marijuana is a particular plant - Cannabis sativa L. There is nothing in the law about cantaloupe or lawn grass that happens to contain the active ingredients in marijuana. The idea has never occurred to anyone that the active ingredients could be found in other plants.

Most other states are the same. It never occurred to the legislators that cannabinoids could be produced in other plants. Neither is there any case law on the subject. The question has never come up.

An argument could be made that such plants are "marijuana" under the terms of California's Proposition 215, and therefore would be legal under state law for anyone with a doctor's recommendation for marijuana. In California, it may be legal however the rulings might turn out. If it is classed as "marijuana" then it would be protected for medical patients. If it is not "marijuana" then the marijuana laws would not apply. However, there is no law that currently covers the subject, and there have been no court rulings that could act as guidance.

Likewise, there is little law in other countries that address this issue. The best guess at the current time is that it would be treated the same as marijuana in most countries -- assuming it was ever detected and a case came to court. There are a number of countries in Europe that have taken a relaxed attitude toward cannabis, where possession of marijuana does not result in criminal prosecution.

There may also be requirements in various countries related to the production of genetically modified foods. However, if someone developed lawn grass that could be steamed or vaporized to produce marijuana, is that a "food"? Is it any different than someone steaming eucalyptus leaves for their therapeutic effect? The only good answer is that there are no clear answers.

As it currently stands, these plants would not be considered to be marijuana under most state laws.

Anyone planning to do it should consult an attorney in their local area to ensure that they are complying with all legal requirements.

Could they pass laws specifically against it?

Yes, they certainly could. However, that would bring up the question of how they would enforce such a law, given the fact that marijuana foods wouldn't look any different than the regular variety of the food. In order to enforce such a law, they would have to test every single plant in the garden -- and then prove that the grower knew what it was when there was no obvious way to tell the difference between a "good" plant and a "bad" plant.

Then there is the question of just exactly what are these plants -- in a legal sense? For example, suppose that someone implants the cannabinoid producing genes into roses. Then the grower picks the roses and vaporizes them as pot pourri -- while inhaling deeply. In legal terms, for purposes of regulation, what is that? It isn't cannabis sativa. It isn't a food. It isn't a drug. Are they any laws that currently apply to it -- other than the laws governing roses? Are they going to have to pass laws against pot pourri?

Trying to craft such a law would raise a lot of difficult questions about marijuana law enforcement in general.