TL;DR
Although the legal status of cannabis-derived products tend to be complex due to variations in legislation across the globe, cannabidiol (CBD)—a compound extracted from cannabis plants—has a distinct legal status in Spain. It is legal, but under specific conditions.- CBD is legal for use and possession in Spain, but selling CBD in edible form is prohibited.
- Products containing CBD marketed for medical purposes are considered as medicines. As such, manufacturing, importation, and distribution of these require obtaining the marketing authorization in accordance with the Royal Decree 782/1999, February 5.
- THC (tetrahydrocannabinol), the psychoactive substance commonly associated with marijuana, is illegal, and CBD products must not contain it beyond trace amounts.
Overview of CBD Legislation
Legal Landscape
Despite the complex international laws surrounding cannabis, the legal environment for CBD is slowly becoming more accepting. The World Health Organization (WHO) proposes removing CBD from international control, recognizing its potential therapeutic benefits and low risk profile.Legal Status
In Spain, CBD extraction from hemp plants is legal for as long as the THC content is below 0.2%. This is regulated by 1961 United Nations Single Convention on Narcotic Drugs.Regulatory Bodies
The Spanish Agency for Medicines and Health Products (AEMPS) oversees the regulation of medicines and CBD products marketed for therapeutic purposes.Conditions and Restrictions
Although CBD oil and other products are legal in Spain, they must not be sold as consumable items. Companies are therefore banned from selling CBD as food supplements.Historical Context
The discussions surrounding new legislation to regulate cannabis activities started in Spain during 2014. However, the law is yet to fully standardize cultivation, sales, and use of cannabis and its derivatives.Possession, Use, Cultivation and Sales
- CBD oil and other non-edible CBD products can be purchased over the counter in stores across Spain.
- The cultivation of hemp for CBD extraction is legal and widely done. However, it must be for industrial or research purposes, not for medicinal or recreational use.
- The selling of CBD edible products is strictly prohibited.
