Legal status of marijuana and CBD in Spain. Read more on our blog. Check legal status THC and CBD in Spain! Is CBD legal in Spain? This highly beneficial product has been through quite the legal process, and even the Spaniards aren't quite cure if it's legal.
Legal status of marijuana and CBD in Spain
An increasing number of European countries are choosing to loosen the laws regarding marijuana use. Quite serious steps in this regard have already been taken by Germany and Luxembourg, and some of the other Western countries want to follow suit. What is the law on marijuana and the availability of CBD substances in Spain ?
Table of Contents
Is it legal to possess and grow marijuana in Spain?
Both the sale and possession of any amount of marijuana in Spain is a crime. However, the situation looks different when it comes to its consumption. Of course, you can’t do that in public places, but private spaces are a different matter. It is true that in Spain the state is not particularly interested in what the citizens do at home. This is because the right to privacy is deeply rooted here. This means that even though marijuana is not officially legal in Spain, consuming it for personal use, in private, is not punishable. What’s more, apart from just smoking it, you can also grow cannabis quite comfortably at home as long as they can’t be seen it from outside – so it’s best not to put it on your windowsill. It is worth paying special attention to this because growing marijuana which can be seen from outside, such as on balconies, is punishable by fines ranging from 601 to as much as 30,000 euros.
How much THC can CBD oil in Spain contain?
When it comes to the legality of CBD in Spain , the whole issue is quite complicated. This is mainly due to the fact that many regulations in this area are in the so-called grey area or have been modified recently. According to the law in force in Spain, the production of CBD oil is aligned with the EU law, which stipulates that it can’t contain more than 0.2% of THC.
CBD oil in Spain is mainly available for medical use. Although you can find sale offers of the product online, commercial consumption of CBD by humans is illegal. Currently, all producers and distributors of CBD oil in Spain must comply with the legal provisions. The most important is of course the content of THC in the product, which must not exceed the aforementioned 0.2%. Anyone looking to get into the CBD and cannabisbusiness in Spain needs to be mindful of legal regulations. And these, at least in terms of CBD oils, are constantly changing.
Coffee Shops in Spain – How do they work?
Despite the rather significant legal restrictions on the sale and distribution of CBD and marijuana in Spain, there are coffee shops operating in the country. However, they are not like the open coffee shops operating in the Netherlands that anyone can enter. They are rather something in the form of closed clubs, available only to members who have to sign a membership declaration and pay an annual fee of about 10-20 euros.
These types of private clubs are allowed to operate, because they are not public spaces under Spanish law. They are considered private spaces where, as we’ve already mentioned, it is legal to use marijuana for personal use. Of course, at a club like this, no one sells anything. Club members merely come to pick up their own share of plants that the club grows on their behalf. This is another interesting loophole in the law. It allows such sites to operate without violating any regulations. Not surprisingly, there are quite a few such clubs in Spain.
Legal status of marijuana and CBD in Spain – Roundup
Spain is known as one of the more liberal countries in the European Union. However, its regulations for growing and selling marijuana are quite restrictive. At least in theory. This is because the law contains quite a few loopholes that growers take advantage of. They create a fairly free space for residents to smoke cannabis – as long as it is done in private spaces and for personal use. However, when it comes to the production of hemp itself, including CBD oils , legal acts favour European Union regulations, stipulating that the amount of THC in hemp products must not exceed 0.2%. Moreover, CBD oils are only allowed for medical purposes, but the enforcement as regards their availability is quite ineffective, so you can easily find them in on-line stores and health food outlets.
Despite Spain’s rather restrictive cannabis laws, the country has a fairly open attitude towards so-called Coffee Shops, or rather Cannabis Clubs, which can be joined by people who are at least 21 years old and have paid an annual club fee.
Is CBD legal in Spain?
Is CBD legal in Spain? Cannabidiol, better known as CBD, is a non-psychoactive cannabinoid that Cannabis Sativa L plants produce. Recently, more seed banks have been working on breeding strains with high amounts of CBD. You can now find plenty of specific cannabis strains that contain plenty of this cannabinoid but can’t be legally grown due to the fact that they also produce THC.
This particular cannabinoid isn’t psychoactive and has many different medicinal properties, which is why it’s in the spotlight right now. However, there have been conflicts in Spain regarding the cannabinoid from March 2018 onwards, which is when CBD products began to be prohibited and removed from shelves if marketed for human consumption (ingestion, smoking etc.).
To understand what exactly is going on with CBD in Spain, Europe and around the world, let’s have a look at the main organizations in charge of regulating and overseeing what products can and can’t be sold.
Is CBD legal in Spain? | Regulating Organizations
The WHO (World Health Organization) is part of the UN (United Nations) and is one of the main authorities when it comes to regulating products and discussing health benefits and risks. They currently operate in six different regions: Africa, Europe, South Asia, Eastern Mediterranean, Western Pacific and the Americas. The office that regulates European legislation is known as the Europe Regional Office (EURO).
The WHO essentially deals with health coordination, promotion, prevention and intervention policies on a global scale. In regards to the topic at hand, Cannabidiol, the WHO issued a statement confirming that CBD does not create a chemical addiction, it does not produce negative side effects and it does indeed contain an incredible amount of beneficial properties.
The European Food Safety Authority (EFSA) is in charge of investigating and analyzing any possible risk associated with food safety in the European Union. If you read between the lines, it’s clear that this particular organization is the one responsible for removing food-related CBD-rich products from Europe, and therefore Spain. In Spain, the organization in charge of regulating the EFSA’s decisions is called the AECOSAN (Agencia Española de Consumo, Seguridad Alimentaria y Nutrición).
The AEMPS (Agencia Española de Medicamentos y Productos Sanitarios) is an organization that’s in charge of regulating products that may, in the future, be commercialized as food products or dietary supplements in Spain. In this regard, they have yet to register CBD as a product that’s safe to consume. This means that it can’t be sold as a food product or a product to be ingested. The EFSA de-authorized the legal sale of CBD, so these two organizations seem to be on par with their regulations.
The legal loopholes regarding CBD in Spain allowed it to be sold until the EFSA gave the signal to remove all CBD-rich food products or products designed for ingestion from the market. This has caused quite the confusion and stir among national CBD producers, as many aren’t quite sure as to the legality of it.
Can I sell CBD for nutritional uses in Spain?
Well, it would seem that according to the start of this article, CBD has been banned in Spain by the relevant authorities. However, keep in mind that CBD isn’t even on the list of products regulated by the Spanish authorities that decide exactly what is and isn’t nutrition. This means that technically it isn’t legal nor illegal.
Thanks to the free commerce regulation of the EU and the European Justice Court, CBD-rich products can be acquired in Spain as nutritional products. However, they must be imported from a country in the EU in which CBD can be legally consumed and sold as nutrient supplements. The organization involved must simply garner the relevant information regarding the legality of CBD in the country of origin, making sure that it can be legally sold in the country where it was produced.
Is Cannabidiol (CBD) legal in Spain?
In Spain the use and production of CBD-rich products is entirely legal as long as the product is designed for topical use only, for example skin care products and medicinal balms and oils. The agency in charge of regulating topical CBD products is the Medicines Agency.