What is CBD?
CBD or cannabidiol is a cannabinoid from the hemp plant (Cannabis sativa L.) that has a structure similar to tetrahydrocannabinol (THC), another prominent cannabinoid, but without the presence of psychoactive activity. As endorsed by the World Health Organization (WHO) and the World Anti-Doping Agency, it is a substance that is neither addictive nor harmful to health, to which anti-inflammatory, soothing and moisturizing, antioxidant, conditioning and skin-protective properties are attributed. skin, so its topical (and localized) action can be beneficial for the treatment of skin diseases, such as dermatitis, eczema, psoriasis and acne. We find it more and more frequently as an ingredient in moisturizing creams, oils, eye contours, serums, balms and deodorants, among other cosmetic products, although its use is subject to certain legal restrictions.
Hemp in the European Union
CBD is not specifically controlled, but its legal status has varied over time. In December 2020, the UN removed cannabis from list IV of the 1961 Single Convention, which includes the list of opioid substances whose use is prohibited in the European Union. With 27 votes in favor, 25 against and one abstention, cannabis was no longer considered a dangerous drug.
Currently, and as a general rule, in the European Union the marketing of products with CBD is allowed, when it is obtained from plants that belong to the Cannabis sativa species and its THC content does not exceed the limit of 0.2%, according to Regulation 1307/2013 of the European Parliament and Council. In addition, it must come from hemp seeds and leaves (the authorized parts of the plant), excluding substances obtained from resins, extracts and tinctures of cannabis (controlled parts). However, today there is no unified legal position for the production, marketing and consumption of CBD. While it is true that there is a global vision of the EU, each country applies its own national restrictions, which vary depending on the origin and characteristics of the extract of this substance and which may restrict its use as a cosmetic or food.
Spain: uses and procedures in cosmetics
Spain does not have defined regulations. The consumption of CBD as a food supplement is not yet authorized (unlike other countries, such as the United Kingdom and Belgium, which show subtle progress in the authorization of food products with CBD). However, the production and marketing of cosmetics with CBD for topical use is allowed under conditions.
According to the Spanish Agency for Medicines and Health Products (AEMPS), the body that would regulate the national market for this substance, the marketing of cosmetics with CBD is allowed at the national level, as long as they are legally produced in a member country and appear in a national and European registry. “They must not contain THC and must follow the guidelines of any other cosmetic product on the market. For example, they must be approved along with all documentation and safety reports, as well as registered on the CPNP portal,” they explain, in this sense, from the Croatian brand Pura Vida Organic, distributed in Spain by Levantina de Orgánicos.
Control mechanisms
In 2012, the European Commission activated the European Cosmetic Products Notification Portal (CPNP), a digital tool created to facilitate the registration of cosmetics present on the European market and notify the existence of new products with CBD. In this way, it requires: “that responsible persons and, in certain circumstances, distributors of cosmetic products present certain information about the products they introduce or market on the European market.” That is, the information on the composition, labeling and packaging of the product must be recorded to demonstrate that the cannabidiol does not come from controlled parts of the plant and ensure safety. It is, after all, a control mechanism that makes it possible to identify and effectively manage possible poisonings resulting from the use of a product with this substance.
Regulatory opportunities
Despite these community guidelines in the Member States, the lack of specific national regulation would create obstacles in the Spanish CBD market. “The problem is that, due to the lack of uniformity in the legislation, as well as misinformation, there is no unified criterion and this is one of the worst situations that can occur for producers, companies, professionals and patients,” says Carlos Llamas. , founder of Webotanix. Although, he points out, the boom in cosmetics with CBD can promote a more specific legislative framework: “We hope that Spain and Europe agree on a logical and adequate regulatory framework, where we find regulation for products for cosmetic use as well as food supplements based on CBD. . We hope that in the second half of this year we can talk about having an adequate regulatory framework.”
Author: Ariadna Coma, Journalist
Subscribe to the Newsletter and receive Bio Eco Actual for free every month in your email
Bio Eco Actual, your 100% ecological monthly
Read Bio Eco Current February 2022
