The Legal Landscape for Cannabis Seeds in Germany
The law in Germany differentiates between the cannabis plant and its derivatives, and propagation materials such as seeds and cuttings. Let's explore the legal frame work.
Interest in cannabis seeds for private and community cultivation in Germany is growing. With the evolving regulations of the Cannabis Act (KCanG), understanding the specifics of acquiring and using cannabis seeds has become crucial for consumers who want to explore their options legally.
Legal Acquisition of Cannabis Seeds
The legal framework in Germany differentiates between the cannabis plant and its derivatives (such as flowers, resins and other parts) and propagation materials such as seeds and cuttings. While the plant and its products are subject to strict narcotics controls, this does not apply to seeds. This distinction enables the legal purchase and trade of cannabis seeds under certain conditions.
Private individuals can import cannabis seeds from other EU member states for their own use. This also includes the possibility of purchasing these seeds online or by distance selling and having them delivered directly to Germany. But also German companies can purchase cannabis seeds in the EU and sell them to Germany but only for the purpose for authorised cultivation.
There is also a regulation for the purchase of seeds in Germany: private individuals can purchase up to seven cannabis seeds or five cuttings per month from cultivation organisations. These seeds or cuttings must come from plants that have been grown together in these organisations. If both seeds and cuttings are purchased, the total number may not exceed five per month. The costs borne by non-members may only reflect the cost price of producing the seeds or cuttings to ensure that it is a non-profit transaction.
Regulations and Restrictions
Whilst the trade in and import of cannabis seeds is permitted, they may only be used for legal cultivation purposes. Imports from EU countries are permitted under these directives, reflecting a controlled approach to preventing illegal consumption.
Lea Schmid
Commercial trade is strictly regulated as well. Sellers must adhere to strict rules, including limiting the sale of seeds to seven per month and ensuring transparent, neutral packaging that contains important information such as THC and CBD content and the expiry date. However, these regulations apply primarily to growers' associations and will be fully enforceable from 1 July 2024.
Consequences of Non-Compliance
Trading cannabis seeds outside of these legal limits can have consequences. While the trade itself is not punishable under § 34 KCanG because it relates only to cannabis and not to cannabis seeds, the unauthorised importation contrary to the provisions of § 4 para. 2 KCanG constitutes an administrative offence. Failure to comply with this provision may result in an administrative prohibition order, which may require clarification in court.
Luisa Pfau
Advertising and Promotion
One important area of regulation concerns advertising. From 1 July 2024, any form of advertising or sponsorship for cannabis and related associations will be prohibited.
Advertising is considered to be any form of commercial communication that directly or indirectly promotes or may promote the use or distribution of cannabis. This regulation applies regardless of whether the communication is conveyed through verbal statements in person or on the radio, digitally, in the press, or in another printed publication inside and outside enclosed spaces, including window displays. Also prohibited are all communications that could reasonably be perceived as advertising for cannabis by a significant proportion of the target audience.
Luisa Pfau
These bans only apply to cannabis and not cannabis seeds or cannabis related products. However, although cannabis seeds are not classed as cannabis per se and can therefore be traded legally, marketers must be careful to avoid any advertising content that could be seen as an indirect endorsement of cannabis use.
For safer advertising, focus on factual, non-promotional content like genetic characteristics such as content levels, yields, harvesting times, and the genetic background of the seeds. However, caution is advised against describing sensory attributes like "floral and earthy tastes" or effects such as "balanced and creative," as these can be problematic and may imply promoting cannabis consumption indirectly.
Support and Resources
For anyone involved in the trade or cultivation of cannabis seeds whether for personal use or as part of a community project, understanding and complying with these regulations is essential in order to trade legally in Germany.
Our cannabis app "Die Hanf-App" allows safe advertising - if you need more information, further assistance or have questions about advertising within legal parameters do not hesitate to contact support@diehanfapp.de for access to thousands of cannabis users in Germany.
