Cannabis seeds are not regulated under the Single Convention on Narcotic Drugs, 1961, signed in New York on 30 March, 1961, as amended by the Geneva Protocol of 25 March, 1972, and ratified by the Spanish state.
The Single Convention sets out which part or parts of the Cannabis sativa L. plant are regulated; the flowering or fruiting tops of the cannabis plant, as well as the resin obtained from the cannabis plant, but explicitly excludes the seeds. The seeds, therefore, do not form part of the legal concept of cannabis and are omitted from the Convention’s Schedules.
Cannabis sativa L. seeds do not contain the active substance delta-9-tetrahydrocannabinol (THC).
Consequently, in accordance with the Single Convention, the seeds of the cannabis plant are neither regulated nor can they be classified as narcotic drugs.
In Spain, the sale, possession and cultivation of cannabis seeds for personal use does not constitute a criminal offence. The Spanish Criminal Code classifies the cultivation of cannabis in order to promote, encourage or facilitate its consumption by third parties as a criminal offence.
According to Spanish Supreme Court Public Prosecutor, Fernando SEQUEROS SAZATORNIL, the sale of cannabis for domestic cultivation in quantities apt for its personal consumption and self-supply for the same purpose (including the seeds reproduced from the plants) cannot, in any way, be considered to constitute a criminal offence.
The cultivation of cannabis for personal use may constitute an administrative offence pursuant to Article 36.18 of Organic Law 4/2015, of 30 March, on the protection of public safety, if conducted in locations visible to the public.
The seeds sold by Pacific Seed Bank are sold for personal use exclusively by adults over 18 years old. Pacific Seed Bank markets the cannabis seeds as items intended for collection or genetic conservation with the specific restriction that they must not be used for any purposes that contravene current legislation.
According to the principle of mutual recognition, the European Union Member States may not prohibit the sale on their territory of goods which are lawfully marketed in another Member State, even when those goods have been produced in accordance with different technical rules (Regulation (EU) 2019/515, of 19 March 2019, on the mutual recognition of goods lawfully marketed in another Member State).
National laws applicable to cannabis seeds vary greatly between countries. In some, the germination and cultivation of cannabis for personal use, and even the mere possession of the seeds, may constitute a criminal offence. Pacific Seed Bank does not want to incite anyone to violate a current law in their country.
Therefore, we urge purchasers who are not resident in Spain to familiarise themselves with applicable local legislation. Pacific Seed Bank encourages its customers to act responsibly.
Pacific Seed Bank accepts no liability for potential legal problems which could arise for purchasers and will not issue a refund for seeds confiscated or refused by the shipping agent or customs service while fulfilling their duties.
The fact that some of the descriptions allude to the effects of consumption does not, under any circumstances, mean that they should be consumed, as they are merely informative descriptions. Pacific Seed Bank accepts no liability for any decisions the purchaser may take based on this information due to possible typographical errors contained within the documents and graphics on the website or derived from the misuse of the seeds. The information is subject to periodic changes in its content which may be added to, improved, corrected or updated without notice.
The cannabis seeds marketed by Pacific Seed Bank are items intended for collectors and genetic preservation. The use of seeds and other marketed products for any purposes contrary to the current legislation is expressly prohibited. Pacific Seed Bank will not sell or send cannabis seeds to countries where their possession or trade is not legal. Pacific Seed Bank has established several controls and legal notices to comply with this regulation.
