Is it legal to buy marijuana seeds?
Buying and selling marijuana seeds is legal in Spain
The sale of marijuana seeds is legal in Spain and so it is in the majority of countries worldwide. Marijuana seeds are sold as collectors' items and their germination is prohibited in most countries of the world. Virtually all countries have laws concerning cultivation, possession, sale and consumption of Cannabis.
In this section we tell you everything about the legality of marijuana seeds in Spain, for other countries, especially those outside the EU, we recommend you consult a specialist.
The other European Union members also deserve a separate mention, where the free market prevails, as this is one of the fundamental principles of the creation of the EU itself. The goods are free for movement within the EU, this implies the internal customs removal and the establishment of unified European customs. This means that the customs now are with the EU and the non-members countries and there will be no restrictions on goods or tariffs between member countries. Therefore, a product that can be sold in one member country can also be sold in another member country.
In Spain, the current legislation about the purchase and sale of marijuana seeds is based on the Vienna Convention of 1961, which was established exactly on 30 March 1961 and ratified by Spain on 3 February of 1966. This Single Convention was subsequently amended by the Protocol amending that Convention on 25 March 1972, the text of which was also accepted by Spain on 8 August 1975 and published in the BOE on 4 November 1981.
Finally, in 2003 and because of the unfair controversy aroused by the appearance of the first wave of Grow Shops, the Supreme Court Prosecutor, Fernando Sequeros Sazatornil, carried out the study "The sale of Cannabis seeds, equipment and materials for its cultivation, as well as its propaganda, as acts of criminal significance".
The conclusions of this report, which is still in force, are the following. Regarding cannabis seeds: "From all of which it can necessarily be inferred, from the literal nature of the substances listed in Schedules I and IV, that what is controlled as a narcotic are both the flowering or fruiting tops of any plant of the genus cannabis, and the resin and the extracts and tinctures derived from it, excluding the seeds because they lack an active ingredient and therefore have no reason to be classified as a narcotic".
As if this were not entirely clear, the Supreme Court Prosecutor adds: "Similarly, the use of the plant for other industrial or agricultural purposes, particularly the production of seeds, must also be ruled out as a criminal hypothesis insofar as they are also normatively excluded from the framework of the 1961 Single Convention".
Concerning the purchase and sale of material with which to carry out cultivation: "it eliminates de jure any possibility of penalising behaviour in which the use of any of the tools or products mentioned is intended for the production of controlled specimens, which by virtue of their quantity and quality do not entail the necessary inference of their destination for trafficking".
Finally, the Supreme Court Prosecutor states that it is completely legal to provide information on how to grow marijuana, commenting as follows: "the provocation that art. 18 CP includes as an instrument to incite the perpetration of a crime, through the printing press, radio broadcasting or any other means of similar effectiveness that facilitates its publicity, in addition to not fulfilling the regulatory conditions as an apology for drug consumption, technically lacks in the case debated the possibility of application, insofar as it is precisely the illegal consumption of drugs that is not criminal".
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