A Federal Court judge has dismissed an application for judicial review from a man who argued that his cannabis seeds were unfairly seized by CBSA.

In a ruling posted March 28, 2025, the Honourable Mr. Justice A. Grant dismissed an application from a man who had several hundred cannabis seeds seized by Canada Border Services Agency (CBSA) upon his return to Canada from a cannabis expo in Denver, Colorado, in the summer of 2023.

The man challenged the decision to seize those seeds, arguing that the seeds were not cannabis. He told the court that the 465 seeds were not considered cannabis by the seller and are instead considered hemp seeds, due to their lack of cannabinoids or THC.

However,  according to a seizure report, the CBSA officer found a small box labelled “cannabis seeds” and several other packets. The box’s label also contained statements such as “check with local laws and regulations,” and some of the packets contained words such as “feminised” or “germinate” and indicated how long it would take for a seed to flower. 

In addition, the Manitoba man argued that the federal Cannabis Act does not define cannabis seeds as being cannabis, and that the seeds were instead classified as hemp. The court rejected this argument as well, noting that the definition of cannabis under the Cannabis Act “does not deal with distinctions between marijuana and hemp, both of which come from the cannabis plant.”

Wrote the judge in his ruling:

“Having reasonably characterized the seized seeds as cannabis, it was also reasonable (indeed, inevitable) for the Delegate to determine that the seeds should be held as forfeit. As noted above, s.117(2) of the Customs Act does not allow for the return of properly seized cannabis. The Minister was bound not to return the cannabis seeds, and the decision to this effect was therefore reasonable.”