Introduction
The market for CBD-based products has seen significant growth in recent years. However, it is important to take into account the legislation in force in Spain to ensure compliance with the rules and regulations.
Regulations on narcotic substances
CBD-based products are not subject to the general prohibition of narcotic substances, provided they meet the criteria established in the Order of December 30, 2021, in accordance with articles L. 5132-86 and R.5132-86 II of the French Public Health Code (CSP). These criteria specify that products must come from plant varieties registered in the common catalog of agricultural plant varieties or in the official catalog of plant species and varieties grown in France. Additionally, these plants must have a THC content of no more than 0.3% [[1]].
Cultivation and marketing
The cultivation of hemp plants for the production of CBD-based products is reserved exclusively for active farmers, in accordance with current European and national regulations. These farmers must use certified seeds and comply with established regulations. In addition, the sale of seedlings or the taking of cuttings is prohibited. Hemp crops do not need to be declared to the authorities, except for farmers who wish to receive aid from the Common Agricultural Policy (CAP), who must make a declaration through Telepac [[2]].
Hemp extracts and products containing them
Hemp extracts and products containing them must also meet the 0.3% THC threshold. Some products containing hemp extracts, as well as the raw parts of the plant, are authorized by narcotics legislation, as long as they comply with the aforementioned standards. In the absence of compliance, these products are subject to the measures of the criminal policy against narcotics [[3]].
Regulations applicable to food products
The marketing of food products is regulated by different provisions. Regulation (EC) No 178/2002 establishes that no food may be placed on the market that is harmful to health or unfit for human consumption. Additionally, there are specific regulations for contaminants present in foods, such as delta-9-tetrahydrocannabinol (Δ9-THC) in hemp seeds and derived products [[4]].
Regulations applicable to animal feed
Animal feed, including products intended for animal consumption, is mainly regulated by European regulations. Feed may only be marketed or used if it is recognized as safe for the animal and if its ingestion does not pose any risk to the safety of food products derived from that animal. Additionally, maximum levels of delta-9-tetrahydrocannabinol (Δ9-THC) have been established for feed materials, including hemp seeds and derived products [ [5] ].
Regulations applicable to cosmetic products
Cosmetic products are governed by Regulation (EC) No. 1223/2009. According to this regulation, cosmetic products placed on the market must be safe for human health when used under normal or reasonably foreseeable conditions. Specific regulations have been established for narcotic substances, including pure CBD [[6]].
Regulations applicable to vaping products
Vaping products must comply with the standards established in the Consumer Code and the Public Health Code. It is important to note that these products are not classified as medicines. In addition, specific regulations apply regarding the classification, labeling and packaging of substances and mixtures [[7]].
Regulations applicable to products for smokers
Smoking products made from plants other than tobacco must comply with established legal and regulatory provisions. These regulations prohibit any form of promotion or incitement to consumption and establish specific requirements for product packaging and labels [[8]].
Prohibition of therapeutic claims
Products containing CBD cannot make therapeutic claims unless they have been officially authorized as medicines. This authorization must come from the competent authorities and must comply with established scientific criteria [[9]].
Legislation on CBD and driving
It is important to note that CBD-based products may contain traces of THC in the blood or saliva of consumers. This can lead to positive drug test results. Driving under the influence of drugs is classified as an infraction, regardless of the amount of THC present in the body [[10]].
