The legal situation regarding cannabis seeds must be assessed differently in Germany, Switzerland and Austria, especially following recent legislative changes and clarifications of existing regulations. Although hemp seeds generally do not contain psychoactive substances and are therefore not classified as narcotics themselves, their legality often depends on the intended use and national cultivation laws.

Germany

With the entry into force of the Cannabis Act (CanG) on April 1, 2024, Germany implemented a fundamental shift in its drug policy. This has a direct impact on the legal status of cannabis seeds.

• Possession and purchase: The possession of cannabis seeds is legal for adults aged 18 and over. Purchasing seeds is also permitted. Adults may import or order cannabis seeds from EU member states for personal cultivation. Private individuals may order up to 200 cannabis seeds per year for personal use.
• Home cultivation: Adults are allowed to cultivate up to three female flowering cannabis plants at their residence or habitual place of stay for personal consumption. Excess plants or plant material must be destroyed immediately.
• Distribution: The distribution of cannabis seeds is strictly regulated. Cannabis Social Clubs may supply their members with up to seven seeds or five cuttings per month. Free commercial sale outside these associations is not permitted.
• Purpose limitation: Possession and cultivation are strictly limited to personal use. Commercial cultivation or trade remains illegal, except for licensed cultivation associations.
• Additional regulations: Plants must be protected from access by children and minors. Public consumption is prohibited in certain areas (e.g. near schools, daycare centers, playgrounds and sports facilities).

Overall, the legal situation for cannabis seeds in Germany has been significantly liberalized to allow private home cultivation.

Switzerland

In Switzerland, the legal assessment of cannabis is primarily based on the THC content.

• Possession and trade: The possession and trade of hemp seeds are generally legal, as the seeds themselves contain no THC and are therefore not covered by the Narcotics Act, unless they are clearly intended for the cultivation of high-THC cannabis.
• Cultivation: The cultivation of hemp plants is permitted as long as the THC content of the dried plant material remains below 1% (industrial hemp / CBD hemp). Cultivation of plants with 1% THC or more requires a special permit from the Federal Office of Public Health (FOPH).
• Import: Importing cannabis seeds is generally permitted. However, if there is clear evidence that the seeds are intended for the cultivation of THC-rich cannabis, this may be considered preparation for a narcotics offense.
• Practical application: In practice, purchasing cannabis seeds is usually unproblematic as long as there is no suspicion of illegal cultivation. Responsibility for lawful cultivation lies with the buyer.

As many international seed banks are unfamiliar with Swiss regulations, it is advisable for Swiss customers to purchase from specialized retailers who are experienced in compliant imports into Switzerland.

Austria

Austria takes a comparatively liberal approach to cannabis seeds and hemp cultivation, though important restrictions apply.

• Possession and trade: Possession and sale of cannabis seeds are legal. Seed banks may legally offer and ship seeds.
• Cultivation: Cultivation of hemp plants is permitted as long as the THC content of the harvested flowers does not exceed 0.3%, the legal threshold for industrial hemp.
• Intent: Cultivation becomes punishable only when there is an intention to produce a narcotic substance, such as harvesting THC-rich flowers. The mere existence of a cannabis plant is not automatically illegal.
• “Ornamental plants”: Many cannabis plants are sold as ornamental plants, as they often remain below the THC limit before flowering. Responsibility for further handling lies with the buyer.
• CBD flowers: The sale of cannabis flowers containing less than 0.3% THC (CBD flowers) is legal and widespread in Austria.

In summary, Austria allows the purchase and possession of cannabis seeds. However, the decisive factors are the THC content of the plant and the intent to produce narcotic substances.