I've always wanted to buy seeds online but im a bit nervous regarding the penalty for getting caught by Customs, what exactly happens if they do find seeds… Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation to decriminalise cannabis at the federal level… You might wonder: Is it legal to buy weed seeds online? Check it out and buy at Weedseedsexpress. GET FREE SEEDS + BEST SERVICE!
Busted for buying seeds online ?
I’ve always wanted to buy seeds online but im a bit nervous regarding the penalty for getting caught by Customs, what exactly happens if they do find seeds in your packaging. Has anyone been to jail, got a ticket or had to appear in court over buying seeds online ? The last thing my wife and daughter needs is daddy going to jail or going to court and me losing my job over something like this. any insight is much appreciated.
Look here’s the deal you are one small peaon in a great war. Yes there is a chance of getting caught bring seeds into the us, but it about the same chance as crossing the street and getting hit by a car. First off get a prepaid card, second order from a reputable comany. i.e. attitude, don’t be a fool and opt out for the stealth shipping. pay for it. never ship seeds were you are growing big mistake. That’s what Johnny Law wants plants, not some measly old seeds. If you get a letter from the post office saying you got a package to come and get. fuck it chuck it up as a loss and move on. Lastly if seeds do get caught in customs, the only repercussion you have to fear is a pretty pink slip letting you know that the importation of cannabis seeds in the us is illegal. No law enforcement is going to was dollars to bust some trying to import seeds, now investigations of possible grow site is real, hence why we don’t send see to where we are growing. Follow these rules and you will have great harvests for many years. By the way been ordering from attitude seed bank for 3 years and have yet to have an order seized. A+++ service with freebies everytime you order from the, and me likes the freebies.
PS. DON’T TELL ANYONE YOPU ARE GROWING MARIJUANA, WIFE INCLUDED. YOU FORGOT YOUR WEDDING ANIVERSERY AND NOW SHE IS PISSED AT YOU THINGS GET WORSE, NOW SHE WANTS TO LEAVE NEXT THING YOU KNOW THE LAW AND CYS IS AT YOUR DOOR. TRUST NO ONE, IF YOU CAN’T KEEP A SECRET HOW CAN YOU EXPECT ANYONE ELSE TO. THE PEOPLE YOU THINK ARE SAFE ARE THE PEOPLE YOU HAVE TO WORRY ABOUT. TRUST ME I HAVE BEEN THERE AS WELL AS MANY OTHER JUST TURN ON THE 5 O CLOCK NEWS.
The curious case of cannabis seeds and the criminal law
Blog Corker Binning Blog
Cannabis has hit the headlines again. In the US, Senator Chuck Schumer has just introduced legislation to decriminalise cannabis at the federal level. In the UK, institutions as diverse as the Green Party and the Institute of Economic Affairs have added their voices to the chorus of people calling for cannabis to be legalised. Against this background, a recent extradition request from the US to the UK has exposed an intriguing discrepancy between the criminal laws of both countries concerning cannabis seeds.
In The Queen on the application of the United States of America v Gypsy Nirvana  EWHC 706, the US sought the extradition from the UK of a defendant accused of trafficking, exporting and importing marijuana seeds (and related money laundering). The District Judge at first instance found, and the Divisional Court on appeal agreed, that this conduct did not constitute a criminal offence contrary to UK law. Thus the “double criminality” rule of extradition was not satisfied, i.e. had the defendant trafficked, exported or imported marijuana seeds in the UK, he could not have been prosecuted in the UK. The defendant was therefore discharged from the extradition proceedings.
The Court’s decision is based on a deliberate but nonetheless curious lacuna in UK law. Cannabis has been classified as an illegal drug in the UK since 1928 (and since 1971 it has been illegal for doctors to prescribe it for medical use). However, at no point have cannabis seeds been criminalised under UK law. Cannabis seeds are not a controlled drug for the purposes of the Misuse of Drugs Act 1971 (“MDA”). Consequently, selling cannabis seeds is not a supplying offence, nor is the export or import of cannabis seeds prohibited or restricted. The Court in Gypsy Nirvana cited with approval R v Jones  2 Cr App R 10, in which Leveson LJ observed that:
“it is not illegal to offer for sale or supply the paraphernalia associated with smoking cannabis and nor is it illegal to offer for sale or supply the equipment necessary to grow the plant, books which explain how cannabis may be grown or, indeed, cannabis seeds. As a result, there are a number of shops and other outlets which offer these goods for sale but it is obviously very important that these premises do not overstep the line and incite the commission of an offence.”
The reference to “overstepping the line” is understandable in light of section 6(1) MDA, which criminalises the cultivation of any plant of the genus cannabis. If D1 sells cannabis seeds to D2, D1 may, depending on the facts, be regarded as committing an inchoate criminal offence by inciting D2 to cultivate cannabis. In these circumstances, which inchoate offences could D1 be charged with?
Although the common law offence of incitement was repealed in 2008, several statutory offences of incitement remain in force. These include section 19 MDA, which provides that:
“It is an offence for a person to incite another to commit an offence under any other provision of this Act.”
There are similar offences in sections 44-46 of the Serious Crime Act 2007 (“SCA”). Section 44 SCA criminalises intentionally encouraging or assisting an offence. Section 45 SCA criminalises encouraging or assisting an offence, believing it will be committed. Section 46 SCA criminalises encouraging or assisting offences, believing one or more of those offences will be committed. A UK-based operator of a cannabis seed business is potentially exposed to all of these inchoate offences, even though cannabis seeds are not themselves illegal. When, therefore, does selling something which is not itself illegal attract criminal liability because the circumstances of the sale are such that they constitute incitement to commit an offence? Case law provides some guidance.
In R v Marlow  1 Cr App R 273, the defendant appealed against his conviction for incitement to cultivate cannabis contrary to section 19 MDA. The defendant had sold approximately 500 copies of his book on cannabis cultivation. The prosecution argued that the book was a “grower’s guide”, such that the defendant’s intention in inciting others to cultivate cannabis was self-evident. The defence argued that the book simply gave advice and information which was freely available elsewhere, and that its sale was too remote from the actions of those reading it to constitute incitement. His conviction was upheld.
Similarly, in Jones, the defendant’s conviction was upheld for incitement to cultivate cannabis contrary to section 19 MDA. The defendant’s shop sold smoking paraphernalia and hydrophonics equipment. An undercover police officer went to the shop to make test purchases and, posing as a would-be cannabis grower, asked the defendant for advice. After what was alleged to be a pretence that they were discussing tomatoes, that advice was freely given. The prosecution case was that the advice and sale of equipment amounted to incitement. The defence argued that the items he sold were not illegal and that he had taken steps to ensure he stayed within the law, i.e. not mentioning cannabis by name, only mentioning tomatoes, telling the undercover officer that it was illegal to cultivate cannabis and pointing to notices in the shop advising that it was illegal to cultivate cannabis. The Court found that it was open to the jury to conclude that the word “tomatoes” was no more than a device to avoid saying the word “cannabis”, and that the defendant’s positive advice about the safest and most productive way to grow “tomatoes” was evidence of an intention to incite cannabis cultivation.
To prove an offence of incitement it is not necessary to prove that anyone was in fact incited. The offence of incitement is committed when the inciting words or conduct take place. In Marlow, the book was capable of persuading someone to cultivate cannabis, and it was clearly published and sold for that purpose, regardless of whether anyone tried to implement its advice. Likewise, in Jones, the advice relayed to the undercover officer, together with the sale of the equipment, evidenced a desire to encourage the officer to cultivate cannabis.
In light of Marlow and Jones, it might be asked: doesn’t the act of selling cannabis seeds constitute sufficient incitement to cultivate them contrary to section 19 MDA or sections 44-46 SCA? What, after all, is the purpose of selling industrial quantities of cannabis seeds, often to repeat customers, if not for their cultivation? Even if the seller puts disclaimers on his website that cannabis cultivation is illegal, that is no different to the defendant in Jones who plastered his shop with such warnings to maintain a veneer of legality.
In Gypsy Nirvana, the court’s answer to these questions was that the essential conduct alleged against the defendant in the US was trafficking, exporting and importing marijuana seeds. There were no analogue offences under UK law which mapped onto this conduct. The conduct alleged in the US was not described as a conspiracy to cultivate cannabis, nor encouraging or assisting cannabis cultivation, for which there would be analogue offences under UK law.
Arguably, this is a narrow and artificial application of the dual criminality rule. It is well-established that the analogue offence under UK law does not need to be on all fours with the offences alleged in the requesting state. Extradition practitioners will be aware that, in practice, the UK courts often adopt a purposive (some might say creative) approach to finding a UK offence which maps onto the conduct alleged by the requesting state.
But in Gypsy Nirvana, unlike in Marlow or Jones, it seems that there was no evidence that the defendant had said or done anything which could be construed as positive encouragement or advice as to how the seeds should be cultivated. The evidence in the US extradition request proved only that the defendant had sold the seeds. Even the widely and elaborately drafted inchoate liability provisions of the SCA (which postdate Marlow and Jones) could not stretch wide enough to capture the conduct of which the defendant was accused. These provisions could not be used to close the deliberate lacuna in UK law that the mere selling of cannabis seeds is lawful, unlike the position under US law.
If cannabis is legalised in the US, the case of Gypsy Nirvana will become no more than an interesting but academic footnote. Its long-term interest is that it illustrates the limitations of the law of incitement, not just in relation to drugs offences, but across the whole panoply of offences in English criminal law.
Is It Legal to Buy Weed Seeds Online? – 2021 UPDATE
The purchase of cannabis seeds as a collector’s item or for other purposes than growing weed is generally considered legal. However, the legality of cannabis seeds is often very confusing. Many countries tolerate the use, possession and cultivation of small quantities of weed, other countries have a total ban, while more and more countries are legalizing cannabis or working on it. However, cannabis seeds are a separate story in this discussion.
Are cannabis seeds legal?
In 1962, a single Convention on Narcotic Drugs was signed by 180 Member countries in the context of a global legislation that considers cannabis an illicit substance. Not the seed itself.
Strictly seen, a cannabis seed is not a weed nor a drug. The seed contains no narcotic components, so you won’t get stoned or high from it. What it makes complicated is that you can grow a weed plant from a cannabis seed.
Conclusion: technically, cannabis seeds are legal in all of these 180 member countries. In theory, it’s perfectly legal to buy cannabis seeds as long as they are not germinated, and the public prosecutor can’t prove that you intend to grow cannabis. Many countries therefore don’t see cannabis seeds as illegal, but also not as legal. The seed itself is often allowed, but the germination of the seed isn’t always. A lot of ambiguity.
We therefore provide an answer per country for the question: is it legal to buy weed seeds online?
The legality of cannabis seeds per country
In Europe, it’s legal to buy and sell small quantities of cannabis seeds (online). However, selling seeds in bulk to individuals isn’t allowed. Especially because selling bulk is considered an encouragement for large-scale breeding. At the same time it remains unclear where the line is drawn between small and large scale quantities. Many seed banks therefore sell seeds in small quantities.
In addition, in spite of the 1962 treaty, most countries have their own point of view regarding cannabis seeds. We therefore strongly advise everyone to check the legality of cannabis seeds in their own country before buying.
Can you get in trouble for ordering seeds?
In general, we can say that you won’t get in trouble for ordering cannabis seeds. However, laws differ from country to country.
Below, we present a list of countries and a short explanation of their law’s when it comes to cannabis seeds. We have done our greatest effort to explain the regulations as clearly as possible.
Having said that, the regulations concerning cannabis seeds change from time to time. Because it’s impossible for us to keep up with the regulations for each country, the presented information should never be interpreted as legal advice. Besides, we don’t encourage the purchase of cannabis seeds to citizens from countries where cannabis seeds are illegal.
Click on a link below to find more information about the legal status of cannabis seeds in your country.
Is it legal to buy cannabis seeds in the USA?
USA inhabitants face conflicting regulations. On the federal level, cannabis seeds aren’t legal. This also applies to importing cannabis seeds from outside the US. Even when living in states such as Michigan, Oklahoma, Vermont, Alaska, California, Maine, Massachusetts, Nevada, Oregon and Columbia where it’s perfectly legal to grow medical marijuana and in some cases even for personal recreational use.
However, this doesn’t stop most US citizens from buying cannabis seeds overseas. Especially as the quality of seeds in Europe is considered better, there is more choice and no known consequences of buying cannabis seeds overseas.
Weedseedsexpress is very successful with shipping to the USA! Curious which strains we offer? Check all our marijuana seeds
Are cannabis seeds legal in Australia?
It’s perfectly legal to buy cannabis seeds in Australia and to grow your own weed when you possess a prescription for medicinal cannabis. If you haven’t such a prescription and you are caught with marijuana seeds, the police will probably consider the seeds as illegal and confiscate them.
In short: cannabis seeds are illegal for non-medicinal users, and it can be hard to order cannabis seeds online as many seed banks such as Nirvana stopped shipping to Australia. Especially as many shipments were confiscated. Nevertheless, Australian customers can still order cannabis seeds in online stores. Here at Weedseedsexpress but also at ILGM. Just like ILGM, Weedseedsexpress has developed great stealth shipping methods with which almost all shipments pass customs.
Want to make sure your order get’s delivered in Australia? Buy your seeds at Weedseedsexpress!
Is it possible to legally buy cannabis seeds online in Canada?
Are you a Canadian resident and planning to buy cannabis seeds? Good news! The federal government made it legal to grow four plants per household. However, the seeds have to be bought from a legal domestic source and laws concerning home growth vary from province to province. For example, in B.C, plants may not be visible to the public and in New Brunswick the plants must be in a confined space.
The bad news is, there are only a few legal selling points and the choice is very limited. Many Canadian growers therefore buy their seeds from seed banks outside Canada.
Our shipments arrive fast, safe and sound in Canada. Need cannabis seeds? Check all our autoflower seeds and feminized seeds
Is it legal to buy cannabis seeds online in the UK?
If you live in the UK and are planning to buy marijuana seeds, we have some good news! In the United Kingdom, it’s 100% legal to buy and sell cannabis seeds. Besides, the law doesn’t provide any restrictions on where to buy your seeds. You can therefore buy your seeds (online) in the United Kingdom or from an international source. However, keep in mind that the germination of cannabis seeds is still illegal in the UK.
Weedseedsexpress delivers cannabis seeds to the UK and our prices are advantageous. Plus, you get 20% extra seeds with your order and a germination guarantee
Is it legal to buy weed seeds online in New Zealand (NZ)?
In New Zealand, cannabis seeds are illegal. It’s therefore not possible to buy cannabis seeds in a store. Yet, there are plenty of options like buying online.
The legality of cannabis seeds in Germany
Living in Germany and planning to buy cannabis seeds? Good news! Even though Germany is the only European country that prohibits the sale of cannabis seeds, there is free movement of goods within the EU. It’s therefore permitted to receive cannabis seeds in Germany.
Please note: as a German grower you have to buy your seeds from a source within the EU.
Can cannabis seeds in South Africa be legally purchased?
South Africa has decriminalized the use of cannabis in a private room, but there are still many questions. For example, whether you can buy cannabis seeds legally.
South Africa has a strange policy when it comes to cannabis seeds. In South Africa, the purchase and sale of cannabis seeds is prohibited, but you may have cannabis seeds in your possession. Many customers therefore purchase their seeds online.
Please note: as the postal service in South Africa is pretty slow, please buy your seeds at least a month upfront of the start of your culture
Is it possible to buy cannabis seeds in the Netherlands online and in a legal way?
In the Netherlands, cannabis seeds are legal and may be bought and sold. However, the legislation is unclear about the amount of cannabis seeds you can buy or sell without promoting large-scale breeding. What might be amazing is that growing more than 5 cannabis plants is illegal in Holland and is seen as a criminal act. However, if you cultivate a maximum of 5 cannabis plants, it will be tolerated by the Dutch law.
Are cannabis seeds legally for sale in Spain?
Spain is a decentralized country with autonomous regions that can define their own regulations. Nevertheless, the policy of the provinces on cannabis seeds is almost the same everywhere: buying and selling cannabis seeds in Spain is permitted for private use. It’s therefore not strictly illegal to own and grow a few cannabis seeds in Spain, unless it can be proven that you are planning to trade in weed.
Legality of cannabis seeds in France
In France, weed seeds are legal as long as they are not used for the cultivation of a cannabis plant, but residents in France can’t buy cannabis seeds in head shops. They have to buy the seeds online.
Is it possible to buy cannabis seeds in Italy legally?
Italians can buy cannabis seeds both online and in stores, but like in many other countries, the germination of the seeds is an illegal activity.
Is it possible to buy cannabis seeds online in Mexico legally?
To us it’s unknown whether cannabis seeds in Mexico are legal or illegal.
Want to buy top quality cannabis seeds?
Weedseedsexpress ships to customers worldwide and without tracking, shipping is free of charge. We have developed great stealth techniques to make sure your shipment will arrive safe and quick and in case it doesn’t, our delivery guarantee provides a one time free reshipment. We therefore kindly invite you to enter our online store and start shopping online.