The legality of CBD in Spain
Cannabidiol (CBD) is a natural and ecological product and the growing studies on its beneficial potential for health have aroused the interest of lovers of the natural. It is already usual to find a multitude of CBD stores walking around the city and find cannabidiol products in pharmacies or in our regular stores.
Although the CBD is everywhere, it is a product closely linked to marijuana that raises doubts about its legality. In Spain there is no specific law regulating the production, sale or consumption of CBD, although this does not mean that what is wanted in this respect can be done.
In the absence of a specific regulation for the CBD, the Single Convention on Narcotic Drugs of 1961, together with the Convention on Psychotropic Substances of 1972 (is the international drug control and control system). This Convention does not monitor CBD but does include the cannabis plant among its lists (due to its THC content), in addition to its extracts, resins and resulting stains. However, derivatives originating from seeds or cannabis leaves are not prohibited.
CBD and legal industrial hemp in Spain
The legal industrial hemp is a variety of the Cannabis sativa plant with low percentages of THC (which should be less than 0.3% to be legal), and which are mainly intended for industrial purposes such as obtaining fiber, grain or seeds. It is for this reason that, as a derivative industrial hemp, CBD is legal provided that it does not exceed the limit of this established legal rate.
About the cultivation of industrial hemp in Spain, is allowed as long as it is from seeds certified by the European Union and the rest of the regulations (such as not exceeding 0.3 per cent of THC).
The regularization of hemp cultivation is governed by the Royal European Decree No. 639/2014 and the European Regulation No. 1307/2013.CBD in Europe
Since in the European Union there is free movement of goods within the countries that form it, the TJUE (European Union Court of Justice) stated in 2020 that the sale of CBD that has been legally obtained in other EU member countries cannot be prohibited. Even so, European Union countries have the power to regularize their use, so not all cannabidiol products and uses are authorized and it is recommended to know the specific legislation of each territory.
As for the CBD edible, because they have not been approved by the EFSA (European Food Safety Authority), they are not legal for the time being in the EU.
Use of CBD in Spain
Another important factor to know is that in Spain CBD is not registered as a food supplement on the list of authorized dietary supplements of the Spanish Agency for Medicines and Healthy Products (AEMPS). Nor is it established by the Food Security Agency (AESAN), which means that products derived from CBD cannot be marketed for food use.
These agencies are responsible for controlling and regularizing all medicines, foods and food supplements that are marketed in the territory. In this way, everything that does not pass through the filter of these two regulatory agencies cannot be sold as food, nor as a supplement nor therefore being administered by mouth.That's why, in Spain the use of CBD is intended for cosmetic use.In the case of the CBD oilsin the same way as the other products, they are totally legal in Spain as long as their marketing is for cosmetic use and their use is topical.
Marketing of CBD in Spain
How we just commented, CBD marketing in Spain is legal while products do not exceed the limit of 0.3% of THC allowed and comes from certified seeds and crops authorized by the European Union. It can only be marketed for external use as cosmetic use or for decorative or similar purposes. In addition, all CBD and derivative products must be correctly labeled and indicate the total percentage of CBD and THC content and comply with EU regulations.
So what CBD products are legal in Spain?
In short, among the products of CBD legal in Spain we can find CBD oils, creams and cosmetics of topical use or vapers and e-liquids with CBD. CBD flowers and resins are legal for aromatic use or for the purpose of collecting or decorative purposes. Therefore, they cannot be marketed for consumption either smoked or as food. In the case of seeds, they can be sold as long as they are for collecting purposes.
Taking into account this data, it is advisable to pay attention to the label to check its origin, the totality of cannabinoids and THC content before acquiring any CBD product.
The legality of CBD can change from time to time
Being updated on your regularization is important. It is also useful to remember that the legislation on CBD is different in each country and it is important to be informed in advance of its regularization if it is intended to travel with CBD (in any case, given its accessibility in most countries it is not advisable to travel with CBD).
Recommendations before using CBD products
It is important to remember that neither CBD nor its derivative products are drugs or should replace any ongoing medical treatment.
You should consult with a doctor before starting any CBD guidelines and their use is not recommended in pregnancy or breastfeeding phases.Each body produces different responses to CBD and it is recommended to start with low doses and percentages to see how each reacts. And then, as a result of the first experiences, gradually increasing or changing doses.
We hope that this blog will help you.