Executive Summary: Key Legal and Evidentiary Issues

• Customs officers seized 465 cannabis seeds Mr. Maric brought into Canada without declaration, suspecting unlawful importation.

• The CBSA concluded the seeds were “cannabis” under the Cannabis Act because most were viable.

• Mr. Maric argued the seeds were hemp, non-cannabis, and lacked THC or CBD, hence not subject to seizure.

• The Minister’s delegate held the seeds as forfeit under the Customs Act, citing non-report and statutory prohibition on returning cannabis.

• The Court found the delegate’s interpretation of “viable seeds” as cannabis was reasonable and consistent with legislation.

• Judicial review was dismissed as the Minister's decision was lawful, logical, and within statutory authority.

Facts and outcome of the case

Background and seizure at the border
The case arose after Marc Maric returned to Canada from a cannabis exposition in Denver, Colorado. Upon arrival at Vancouver International Airport in June 2023, he used a primary inspection kiosk to declare that he was not carrying cannabis or goods containing cannabis. During a secondary inspection, Canada Border Services Agency (CBSA) officers found a box and multiple packets labeled “cannabis seeds,” with terms like “feminized” and “germinate.” A total of 47 packets containing 465 seeds were discovered.

Ministerial decision and grounds for judicial review
CBSA seized the seeds on the basis that they were not declared, in contravention of section 12 of the Customs Act. Mr. Maric appealed the seizure, arguing that cannabis seeds without cannabinoids like THC or CBD do not qualify as “cannabis” and that he had verbally declared items from the cannabis show. He also contested the viability testing, asserting the seeds had not germinated.

The seeds were analyzed by the Canadian Food Inspection Agency (CFIA), which confirmed that most were viable cannabis sativa seeds. In response, the Minister’s delegate confirmed the seizure and determined that under section 117(2) of the Customs Act, cannabis—once seized—cannot be returned unless it was seized in error. The delegate explained that only non-viable cannabis seeds fall outside the definition of cannabis under the Cannabis Act, and most of Mr. Maric’s seeds were viable.

Court's analysis and decision
Mr. Maric sought judicial review of the Minister’s decision. The Federal Court, applying the standard of reasonableness, found no reviewable error in the delegate’s interpretation or conclusions. The Court held that the legislative framework clearly treats viable cannabis seeds as “cannabis” under Schedule 1 of the Cannabis Act, while only non-viable seeds are excluded under Schedule 2.

The Court also noted that distinctions between hemp and marijuana were irrelevant, as both fall within the cannabis plant genus. The CFIA's inability to label the seeds specifically as hemp or marijuana did not alter their classification as cannabis under the law. The Minister was legally required to forfeit the goods, and the Court concluded that this was not only reasonable but mandated by statute.

Outcome
The judicial review application was dismissed. The Court ruled in favor of the Attorney General of Canada, upholding the decision to seize and forfeit the cannabis seeds. No costs were awarded, recognizing the applicant was self-represented.