Like most questions about the legal situation of cannabis in Europe, the question of whether hemp can be cultivated in Europe can be answered with a short “no” and a long “but”.
According to the Narcotics Act, private individuals cannot grow hemp in Europe. Even industrial hemp, i.e. cannabis plants with low or no THC content, may not be cultivated. It doesn’t matter whether it’s a male or female plant.
However, you can legally find auto flower seeds online, thanks to the best European online retailers.
It is one of the hottest topics in the entire cannabis debate. Growing cannabis from pre-ordered hemp seeds keeps consumers away from illegal drug dealers. So even if the legal regulations for cannabis are disproportionately strict, most consumers grow their cannabis.
Legislative proposals are constantly being made that the cultivation of small amounts of cannabis should no longer be prosecuted. You can’t rely on that in Europe, though.
The police and the judiciary can prosecute any violation of the Narcotics Act. Private cannabis cultivation is not legal. In principle, cannabis cultivation in Europe requires a permit. Anyone who cultivates industrial hemp, as agricultural companies do, may only do so within Section 1 of the Law on Old-Age Insurance for Farmers (ALG).
Only in this case cannabis cultivation is legal. Other companies, such as forestry, beekeepers, fisheries, shepherds, nurseries etc., are not allowed to grow hemp.
So, if you want industrial hemp, you must contact the farmers legally and officially allowed to grow it in Europe. Here, even the seed is subject to EU guidelines: only licensed varieties may be planted. Furthermore, the cultivation of cannabis for scientific and medical purposes is only permitted after approval by the Federal Institute for Drugs and Medical Devices.
In summary, from a criminal law perspective, cultivation is the most challenging topic in the debate about cannabis in Europe. No hemp can be grown legally in Europe without a permit. Not even when it comes to male, i.e. THC-free plants. Pain patients have complained about the strict regulations before the Federal Constitutional Court for years. So far, however, the verdicts in which they have been successful can be counted on two hands.
Cannabis seeds in EU Countries
Now that we have described the legal situation in Europe in detail, we will address the situation in the UK and Italy. The legal status in these Countries also interests cannabis lovers. After all, legally ordered hemp seeds come from there.
The legal situation in Great Britain
Let’s stay with a changeable drug policy. Different cannabis laws have also been passed in the UK in recent decades. In the early 2000s, Britain was slow but taking suitable steps to move toward decriminalization. But if you look at the current legal situation in Great Britain, there is not much left of it.
Possession of cannabis in the UK carries a maximum penalty of up to five years in prison and/or unlimited fines. Even with an initial inventory, the police record the offence and the data on the national police computer, where it is stored forever.
So, anyone who is caught with cannabis again afterwards is a repeat offender. However, when it comes to cannabis seeds, the British are also mild:
All cannabis seeds for industrial hemp or THC-rich plants are legal to purchase and possess.
The law only prohibits the germination and breeding all cannabis strains without a proper license. You can get such a license for a fee by presenting your police clearance certificate.
Italy and marijuana seeds
Consistent cannabis policies are in place in most EU Countries. Laws are being relaxed or tightened, but you can see a political direction when you look at the legal status of cannabis.
Italy, with its inconsistent cannabis policy, is the only exception. In 2004, for example, the cannabis laws were extremely tightened, but these changes were again declared inadmissible by the Constitutional Court in 2014.
The exact legal situation and the expected level of punishment for consumption, possession, trade or cultivation are currently as follows:
If you are found in possession of cannabis, you will usually receive a warning if the amount is demonstrably intended for personal use.
Larger quantities can be assumed to be commercial, with a maximum fine of €75,000 or up to six years in prison.
The cultivation of cannabis is punishable by law and the cannabis trade is prosecuted with the same degree of punishment. An exception is proven personal use for which the cultivation of a single plant is tolerated.
Hemp seeds are also legal in Italy, including sale and cultivation accessories. Cannabis seeds – such as the one from SensorySeeds, are often labelled as collectables or contain a warning that the seeds are illegal to grow.