The use of CBD oil is legal in Spain, but the conditions under which it can be sold are somewhat restrictive. In this blog post we will look at the legal status of CBD and cannabis-derived products in Spain.
Is CBD legal in Spain?
In Spain, hemp-derived CBD with less than 0.2% THC is legal for medical use, as well as external use. This includes creams, balms and oils.
CBD oil can only be sold by pharmacies and must be prescribed by a medical doctor. These restrictions make it difficult for many people to obtain CBD oil, but consumers seem to always find a way, as the use of CBD oil becomes more popular.
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Why are not all forms of CBD legal in Spain?
In 2018, the Spanish food and drug agency AECOSAN released a statement clarifying that CBD oil could only be sold for medical purposes, not for general human consumption. This ban is due to the lack of long-term safety data on CBD oil, as well as its potential regulatory issues.
To further clarify this decision the AECOSAN stated that they consider CBD to be novel food and therefore unsafe.
The AECOSAN website states:
“with respect to cannabinoids, tetrahydrocannabinol (THC), cannabidiol (CBD), cannabigerol (CBG) and others, used as such or to be added, for example to an oil, regardless of whether their origin is natural or synthetic, as well as extracts and other parts of the Cannabis sativa L. plant (flowers, leaves and stems) are considered as novel foods since it has not been possible to demonstrate a significant and safe history of consumption in the European Union before May 1997.”
This ban on CBD as a dietary supplement, meant that only CBD cosmetics and topicals were considered legal CBD products in Spain. Furthermore, CBD made in Spain can be marketed only as a product for external use.
Despite the legal status of CBD oil, it is still widely available online and in some health food stores. Whilst these shops technically sell the product illegally, they do not seem to face much opposition from the authorities.
Is the cultivation of hemp legal in Spain?
The laws on Hemp cultivation allow for 25 EU-certified strains to be cultivated across the country. The hemp must contain less than 0.2% THC and can be used for fibre and the seeds for food.
Farmers who wish to grow hemp, specifically for CBD extraction must be licensed by the Spanish Agency for Medicines and Health Products (AEMPS).
Is cannabis for recreational use allowed in Spain?
The answer to this question is somewhat complicated.
Cannabis in Spain is decriminalised for personal cultivation and use. You can technically grow cannabis on private land as long as it is not visible from outside the property. It is however illegal to sell or trade.
By arguing that the law is not specific enough, establishments known as “cannabis clubs” started operation in Spain, and are now a popular way for enthusiasts to obtain and use cannabis as a technically-legal private collective.
In summary, we advise users to not consume cannabis in public areas in Spain.
Can I take my CBD oil with me on a holiday in Spain?
Given the complex status of CBD oil in Spain, we advise holiday makers to leave their CBD products at home, unless they can prove they are only for external use. Bringing products such as CBD capsules with you to Spain may also not be the best idea. Just to be sure however, you should always contact both the authorities and the airline before your trip.
CBD oil is legal in Spain as long as it is clearly labelled for external use and not as a food supplement. CBD creams and balms can be purchased without risk of breaking the law. While the country has a strict policy on CBD, the use of cannabis in private is permitted.
CBD is still very popular in Spain and users always find a way to supply themselves with their favourite cannabinoid oil.