cbd spain

December 15, 2021 By admin Off

Miguel Torres is a lawyer and a lecturer in International Private Law at the Law School of the University of Barcelona. He has been President of the Foreign Investment Commission of the International Union of Lawyers. He advised the company that obtained the first authorisation from the Spanish Drugs and Health Products Agency (AEMPS) to grow cannabis for research purposes.

AECOSAN further noted, it is accepted that the use in the EU of cannabis seeds and fibre as a food ingredient is not within the scope of Regulation EC 258/1997 on New Foods and New Food Ingredients, which means that the marketing of these parts of the plant in EU territory does not fall within the scope of Regulation EC 258/1997 on New Foods and New Food Ingredients that require prior authorization. In Spain there is no legal list of plants banned and/or restricted because of their toxicity. Therefore, with current legal regulations, Spain accepts the marketing of these ingredients only in its domestic market.

CBD is not a psychotropic substance and is therefore not included in the 1971 Vienna Convention on Psychotropic Substances, as is Tetrahydrocannabinol (THC), which is also found in cannabis flowers. However, the International Narcotics Control Board (INCB) has recalled that article 28.2 of the 1961 Convention on Narcotic Drugs, which exempts cannabis crops for industrial purposes, applies only to seeds and fibres, not to extracts and if the cannabis seeds are contained in the plant to be used for medical purposes then it is necessary to apply the same cultivation controls that are required for opium.

However, since 1 January 2018 the use of purified CBD has been considered as new unauthorised food at European Union level. Therefore, before it may be marketed in the EU as a food or food ingredient, a safety assessment under Regulation (EU) 2015/2283 on novel foods is mandatory.

The website of the New Foods Catalogue has just been modified with respect to the CBD entry. Its content has been deleted to refer to a new entry relating to cannabinoids in general and now provides that, without prejudice to the information provided for in the Catalogue of New Foods for the entry relating to Cannabis sativa L., extracts of Cannabis sativa L. and derived products containing cannabinoids are considered to be new foods, as no record of consumption has been established before 15 May 1997. This applies to both extracts and products to which they are added as an ingredient (such as hemp seed oil). This also applies to extracts from other plants that contain cannabinoids. Synthetically obtained cannabinoids are considered as new foods.

As mentioned above, CBD is naturally found in the cannabis plant, and may be extracted pure from the plant. In this way, it is necessary to distinguish between products rich in CBD and products enriched with CBD .

With regard to products made from cannabis, their use is of a food nature, mainly as food supplements. Spain lacks any regulation of the use of cannabis as food, but in any case only vitamins and minerals may be recognized as food supplements, not plants, so it is not legally possible to register a food supplement made from hemp in Spain.

In some States plants are considered food supplements, and in countries such as Germany, Switzerland, Belgium, the Netherlands, Italy and the United Kingdom there is a regulation on the use of cannabis as food.

The previous entry on CBD referred to Cannabis sativa L. extracts where CBD levels are higher than CBD levels in the source Cannabis sativa L. but the percentage of CBD concentration to be considered new food was not defined. From now on it follows that any extract regardless of its concentration is considered as a new food. Consequently, it appears that CBD-enriched products produced in the EU will be out of the market.

That is, there are products made from cannabis without extraction, mainly from seeds, and products containing purified CBD diluted either in seed or olive oil, or under other presentations.

On the website of the EU New Foods Catalogue (http://ec.europa.eu/food/safety/novel_food/catalogue/search/public/index.cfm), the reference to the Cannabis sativa L. plant recalls that in the EU, the cultivation of Cannabis sativa L varieties is accepted provided that they are registered in the EU “Common Catalogue of Varieties of agricultural plants” and the content of THC does not exceed 0.2% of the plant. Without prejudice to other legal requirements related to the consumption of hemp (Cannabis sativa L.) and hemp products, Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on new foods is not applicable to most foods and food ingredients of this plant because this product was on the market as a food or food ingredient and was largely consumed before 15 May 1997.

The question that may be raised is whether CBD is a food or medicine, concepts that are incompatible. It is claimed that this is according to the concentration of the active substance.

According to this official interpretation of the 1961 Convention, it is clear that the extracts of flowers from the cannabis plant, regardless of their THC percentage or whether they are male or female, are subject to supervision, even if the extraction is intended to obtain CBD (an uncontrolled substance) and not THC (( a controlled substance). The underlying question is that extraction may be used to obtain both types of substances. In this sense, cannabis flowers cannot be considered “aromatic” in any case because they are always narcotic (even if they do not have THC).

In response to demand, numerous “CBD oil” preparations, as they are generally known and which claim to contain CBD, have proliferated. Recently, one article denounced the fraudulent claims of several of these products that do not even contain CBD. The information is derived from a report by the Food and Drug Administration (FDA) in the United States of America, which analysed several products and concluded that they had no trace of CBD. On the other hand, some products have been reported to be manufactured from waste from the cannabis plant for industrial use. Some of these products do not meet the minimum conditions regarding their exact composition, so they are used without knowing what they are and what real effects they have.

In Spain, cannabis cultivation, regardless of its percentage in THC, intended for the production of flowers for the extraction of any cannabinoid is subject to the prior authorization of the Spanish Agency for Medicines and Medical Products (AEMPS).

CBD is found naturally in the Cannabis sativa L. plant, especially in the female flowers of the plant. Stems, leaves and seeds contain little CBD. Pure CBD may be extracted from the plant by extraction methods. It then becomes a chemical compound, or what is technically called an active ingredient by the pharmaceutical industry (API).

Where the product is produced and legally placed on the market of a European Union (EU) country, under the principle of mutual recognition, the Spanish authorities cannot object to the marketing of a food supplement made with hemp in the EU. The judgment of the Court of Justice of the EU of 5 March 2009 in Case C‑88/07 (Commission v Kingdom of Spain) on the free movement of goods and medicinal plant products legally manufactured or marketed as food supplements or dietary products in other Member States was conclusive.

AEMPS has granted authorization to five companies in Spain for the cultivation of cannabis for research purposes, and a single authorization for the production of derivatives of cannabis extractions. As medical cannabis is not regulated in Spain, the cultivation of cannabis or the production of derivatives for marketing is permitted only for export to a company duly authorized in its country of origin.

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.

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.).

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.

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 .

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 ).

Can I sell CBD for nutritional uses in Spain?

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 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) .

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.

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.

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.

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.

Is CBD legal in Spain? | Regulating Organizations.


Online stores usually abide by the legal rules due to various international laws.

Another popular option is to buy online — you can choose from hundreds of stores that sell excellent CBD products.

Until recently, you could buy CBD products over the counter without any issue. Things changed in 2018 after the EU confirmed the validity of the Novel Food Regulation.

Many new brands are trying to get the attention of new customers, but not all of them operate legally and safely. Such risks could cost you your safety and money — to avoid this, shop from reputable brands that can guarantee for their product’s quality.

Just because a retailer operates online doesn’t mean they don’t understand international CBD regulations. It’s their brand and reputation on the line, after all — many business owners can’t afford to run the risk of legal troubles or wasted products..04 – Now let’s see what the obstacles of buying CBD online are. Honestly, there’s not much that would make you avoid online shopping, but it’s good to know the downsides..12.

How to Buy CBD Products in Spain.

In 1492, Christopher Columbus sailed from Palos, aiming to arrive in Japan for commercial trade for the crown of Castile. His three ships arrived in America instead, carrying 80 tons of hemp.

One great thing about physical stores is that they have knowledgeable staff that can help you find the right product.

Novel foods are items that haven’t been consumed significantly in the EU before May 15, 1997. This regulation includes hemp-derived CBD sold as supplements and food products.

Now let’s see which option will fit your needs the best, and how to shop for CBD in Spanish stores and online.

A novel food is any food that hasn’t been significantly consumed by Europeans before May 15, 1997. The EU Novel food catalog includes hemp-derived CBD.

As we’ve said, despite the ban on CBD foods and dietary supplements, many businesses continue to work and supply customers with various CBD goods.

Online stores sometimes don’t ship to your country, meaning you’ll have to use a mail forwarding service to shop online. We’ll explain how mail forwarding works once we round up the tips on buying CBD.

Marijuana usually contains high amounts of THC (up to 30%) and is therefore consumed for its psychoactive properties.

When shopping for CBD online, you must be careful with the product choice. If you import something illegal, customs will seize your product or worse.

How is Hemp Cultivation Regulated in Spain?

Although Spain signed several international conventions that controlled cannabis cultivation, the country didn’t ban hemp. With the rise in popularity of synthetic fibers, hemp cultivation almost disappeared in 1972 but was reintroduced in 1999 as a result of the European Union’s subsidies for hemp and flax cultivation.

You should be careful when shopping for CBD — it’s not just about legality, but also about the quality of the product .

As a member state of the EU, Spain allows the cultivation of EU-certified hemp with less than 0.2% THC for fiber and seeds for food.

Thanks to the nature of online stores being 24-7, you can shop from the comfort of your home.

When shopping for CBD, it’s best to make your purchases at specialized CBD shops, or cosmetics, pharmacies, and health stores to avoid any legal trouble. While those are the safest options, there are still businesses that operate illegally, selling banned CBD products — refrain from purchasing CBD from such brands.

Historical findings from the medieval castle of Cornella de Llobregat prove that the recreational use of cannabis prevailed during the 13th century. Chemists analyzed the bowl of a pipe discovered in the castle and found cannabis remnants, verifying that Spanish Christians smoked cannabis in the Middle Ages.

Summary: Buying CBD in Spain.

In 1150, Spain was still under the influence of Muslim forces, who introduced hemp in Spain to make paper. The first hemp mill was founded in Alicante, contributing to the use of hemp for textiles, clothing, and cordage in Spain during the 12th century.

500 mg – 3500 mg.

NOTE: AECOSAN prohibits the online purchase of CBD products sold as a health food.

However, take the reviews with a grain of salt and a dash of skepticism — everyone experiences products differently. There are even some companies that are known to buy positive reviews.

Today, the Spanish CBD market is as chaotic as never before.

This doesn’t mean that there are no online frauds, but you’ll quickly recognize them once you learn how to buy high-quality CBD — we’ll share a few tips right after this section.

Shopping for CBD online has many benefits.