Introduction
CBD, or cannabidiol, has gained popularity in Spain and its demand continues to grow day by day. However, there is some controversy surrounding its legality. In this article, we will provide you with detailed information about the legal status of CBD in Spain and the regulations surrounding it.
The Legal Status of CBD in Spain
Currently, there is no specific law in Spain that directly regulates the consumption or sale of CBD. However, it is important to take into account certain rulings that prohibit the use of CBD in certain forms. Next, we will analyze the legality of cannabidiol in Spain from different perspectives.
1961 Single Convention on Narcotic Drugs
The legality of CBD can be traced back to the 1961 Single Convention on Narcotic Drugs. At this conference the legal status of THC was mainly discussed, but cannabidiol was not specifically mentioned, as it was an unknown cannabinoid at the time. Although cannabis extracts and resins were banned, it was mentioned that some parts of the plant, such as leaves and seeds, could be used. This opened the door to hope regarding the legality of cannabidiol.
Decree of the European High Court of Justice
In 2020, the High Court of Justice of the European Union issued a decree in favor of CBD. According to this decree, an EU member country can prohibit the marketing of CBD, but cannot prohibit the marketing of cannabidiol on its territory if the CBD has been produced in another member state of the Union where its sale is legal. This means that Spain can prohibit the production of CBD on its territory, but cannot prohibit the sale of CBD from other EU countries.
Legality of Medicines and Cosmetic Products with CBD
Currently, only one CBD medicine has been approved in the European Union and Spain. This is Epidiolex, which is used to treat epilepsy and can only be purchased with a doctor’s prescription. Furthermore, cosmetic products containing CBD are legal as long as they are produced from parts of the plant that are not controlled by Spain and contain less than 0.2% THC.
Conclusions
In summary, CBD is legal in Spain and can be legally marketed in physical stores, online stores and tobacconists, as long as it is for external use, such as cosmetic applications. However, the sale of CBD for food use is completely prohibited. It is important to be aware of specific regulations and follow legal guidelines to ensure compliance with the law. Please remember that the information provided in this article is accurate as of the date of publication and regulations may change in the future.