Cannabidiol (CBD) is a chemical substance found in the Cannabis sativa plant, commonly known as cannabis or hemp. Its consumption has grown in popularity in recent years in several countries, including Spain. Cannabidiol stands out for its medicinal and therapeutic properties, which is why the Court of Justice of the European Union (CEJEU) has approved its sale. In Spain, although the regulation of CBD is scarce, there are sufficient control mechanisms for its sale.
Regulation of CBD Spain
There is currently no specific regulation governing CBD production, consumption, or sale in Spain. Therefore, national and international jurisprudence (court rulings), and existing international conventions and legislation apply.
For instance, the 1961 Single Convention on Narcotic Drugs, that only regulates tetrahydrocannabinol (THC), not CBD. However, it governs cannabis extracts and tinctures or resins, so many experts understand that, as CBD is an extract of the plant, the Convention’s regulation may be applicable.
Furthermore, the High Court of Justice of the European Union (CJEU), in its 2020 judgment (C-663/18), ruled very favourably on the marketing of CBD products in Europe:
A Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State if it is extracted from the Cannabis sativa plant in its entirety and not only from its fibres and seeds.
In short, Spain considers products for external use, such as creams and oils containing CBD, as cosmetics, and those made from non-controlled parts of the marijuana plant, such as seeds and leaves, to be legally authorized for production.
The AEMPS and the sale of CBD
The Spanish Agency for Medicines and Health Products (AEMPS) is the public body attached to the Ministry of Health overseeing the marketing and use of substances such as CBD. The agency has a generally restrictive approach towards marketing some products containing CBD.
CBD has not been registered as a food supplement by the Spanish Agency for Medicines and Health Products (AEMPS). Its use is limited to cosmetics only. The marketing of CBD products for ingestion is prohibited. Market predictions show significant growth in the European CBD market shortly. However, laws and regulations on CBD vary among European countries; it is, therefore, advisable to seek professional advice before pursuing commercial projects related to CBD in Spain, where the sale of CBD is legal.
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