In Spain, the use, production and sale of products with CBD It is currently legal as long as the product is intended for external use and not for food use.
HispaCBD Law Office
The legality of Cannabis It is a delicate issue in many countries, its cultivation, distribution and use being punished by the competent laws, this is because this plant can not only be used for medicinal reasons, but also for recreational purposes, thanks to the psychoactivity that accompanies it. produced by THC.
On the other hand, if we isolate CBD from cannabis, how do the laws and regulations imposed by the various institutes dedicated to regulating food and medicine affect it?
As a result of the large consumption of drugs in the 60s, the UN made an agreement in which 53 countries agreed to establish the limitation of the use of psychotropic drugs, to solely medical and scientific purposes. Today there are 176 countries that are part of this agreement. In this treaty called the Vienna Convention 1971, the recreational use of all drugs that affect the mind is prohibited, including of course the ingestion of cannabis in any form, however, they specify that the compound that is prohibited is Tetrahydrocannabinol, excluding Cannabidiol from the list.
Due to this, many will believe that they can consume all the CBD they want without any type of restriction, but this is not the case, since having a 100% THC-free CBD is not yet possible, for this reason each country in the european union, has its various established maximum percentages of THC (max. 0.2%) that may have attached to the CBD.
Despite that Spain is one of the pioneer countries in terms of the medicinal consumption of Cannabidiol, has certain conditions that accompany it, which sometimes becomes a limitation for scientists when wanting to study this compound and its effects in numerous treatments. One of those in charge of regulating the consumption of cannabis and its different compounds in Spain is the AEMPS, along with the EFSA and the WHO.
The AEMPS and its regulation of the use of CBD.
The Spanish Agency for Medicines and Health Products (AEMPS) is the association in charge of regulating the manufacture of medicines and cosmetic products in Spain, as well as approving or rejecting the carrying out of the various clinical trials relevant to the study of a chemical compound. , in order to be used for human consumption.
Among the functions of this agency is to authorize the cultivation, distribution, export and import of medicinal cannabis, having authorized about ten companies to date for these purposes. On the other hand, they have authorized 6 laboratories and companies to carry out all the appropriate studies on industrial hemp.
The AEMPS and the EU establish that the higher percentage of THC allowed in medicinal cannabis crops is 0.2%, which is considered non-psychoactive in relation to the amount of CBD that these types of crops usually have.
On the other hand, without the permission of this entity, regardless of the level of THC it has, it is illegal to grow cannabis, this means that any institution that wants to work with the cultivation and production of medicinal cannabis must apply to the AEMPS. and meet the necessary requirements to wait for approval or rejection.
There are many companies that today want to work with the growing million-dollar CBD industry, however, not all the products offered comply with the necessary controls to be approved by the AEMPS and the other institutions in charge.
To comply with the demands made by the AEMPS for the authorization of cannabis cultivation, it is necessary to specify in a documented manner what the purpose of that cultivation is, whether medical and scientific, aesthetic or research, at the same time it must also give a reason for the origin of the seeds, what security measures the company is going to implement, what the facilities are and if they have the relevant tools for this type of work, they must also submit a report specifying the chemical details of the plant, reflecting the levels of THC and CBD it has.
What does the WHO say about the use of CBD in Spain?
In the case of the WHO, it is responsible for providing the necessary information on the consequences of CBD consumption. It does this by carrying out studies, evaluating both positive and negative effects, determining which diseases can be treated with this medicine. and many more aspects.
For what purpose does the WHO do all this? The WHO must not only clarify to people how safe or unsafe a medicine can be, but also based on the reports issued by the World Health Organization, each country must review and, if necessary, change its legislation regarding the drug. medication in question, in this case CBD.
According to studies, the WHO was able to determine that CBD is not harmful to health or addictive, but on the contrary, it has functional healing properties for a large number of diseases.
WHO studies have shown positive results, and its recommendation as the main health entity, not only in Europe but throughout the world, is to remove CBD from its lists of drugs and narcotics, as well as mobilize Cannabis from the list IV of prohibited substances to list I, where it would no longer receive the same legal treatment as considerably dangerous substances such as Heroin. However, it is the job of other entities such as the Drugs and Narcotics Commission, in conjunction with the different legislations of each country, to determine whether or not to remove this plant from their dangerous lists, in order to adjust the legal agreements linked to this list.
European Food Safety Authority and the use of CBD.
The EFSA is responsible for protecting consumers from risks in the food chain, collecting scientific data, cooperating with the countries of the European Union and other international entities, providing advice based on the data collected.
European consumers are the community that best controls and manages the necessary information about the risks that accompany the food chain, thanks to the European Food Safety Authority together with institutions not only Spanish but also from the entire European Union.
The EFSA has not classified CBD as a product suitable for human consumption, which implies a prohibition on the sale of it as a food product, therefore, together with the AEMPS, they have ordered that it be withdraw from the market all those CBD food products.
Despite all this, many have taken advantage of the various legal loopholes what there is regarding the consumption and marketing of CBD as a product for human consumption, using the free trade regulation of the European Union, through which they can maintain the sale of CBD as a food product while it is imported from a country of the EU where this action is completely legal.
Due to the withdrawal of products such as About our CBD oil, it has been difficult for people who were treated with this medication to be able to continue with it for a while, since they did not have information on how to obtain the products.
What are the legal ways to consume CBD in Spain?
As we have already explained, CBD cannot be sold in Spain as a food product, which creates confusion among users of this cannabis supplement, leaving the question of which CBD-based products can be consumed in Spain?
The only products that can be legally marketed in Spain They are those that have been registered as cosmetics not suitable for human consumption. For a CBD product to be sold under these conditions, it must specify on the label that it is for external use only or topical use.
Due to this, many companies have been forced to change the labeling of their products for human consumption as a cosmetic product, but it is still the same product.
Balms to relieve muscle pain, moisturizing creams to care for your skin, regenerating creams, shampoo and many other CBD-based products you can find in the Spanish market; With several of these you can relieve inflammation and recover from various skin damage such as dermatitis and psoriasis.
Legality of CBD in the different countries of the European Union.
There is a free trade law between the 27 countries that make up the EU, so, for example, a person who is in Spain can purchase a product that is in Germany without any problem.
Almost all countries in the European Union have in common that CBD products can only have an amount of THC less than 0.2%, however, each country has its various laws regarding the use and marketing of CBD, here we will leave you a brief summary of how each of them is managed for the trade, production and distribution of Cannabidiol products.
Germany, Slovenia, Bulgaria, Cyprus, Greece, Hungary, Ireland, Poland, are the countries that adhere to the law of CBD products with an amount of THC less than 0.2%. Considering this, it can be said that as long as this law is complied with, CBD is classified as a product for human consumption.
France allows the cultivation of cannabis sativa for the extraction of CBD, as long as THC levels are non-existent.
Amsterdam It is legal for both cannabis and CBD oil; In the case of Cannabis, you cannot possess more than 5g at a time.
En United Kingdom It is legal to market CBD products as a dietary supplement for medicinal purposes, but it is necessary to have an authorization issued by the MHRA.
En Italy Cannabis or Industrial Hemp can be grown freely for the extraction of CBD with THC levels that do not exceed 0.6%.
En Switzerland There is no law that prohibits the use of CBD, however, there are laws that support the cultivation of Cannabis Sativa with THC levels less than 1%.
Czech Republic It is the main consumer of Cannabis in Europe, here you can have between 10g and 15g of cannabis without having problems of any kind. However, the sale of cannabis is completely prohibited in this country, so they allow people to grow up to a maximum of 5 plants so that they can easily access it.
In countries like Austria, Portugal, Croatia, Estonia, Finland, Latvia, Romania and Sweden, there are laws that prohibit the trade, distribution and consumption of THC, but since there is no law that prohibits the consumption of CBD, it is considered legal within the parameters established by the European Union.
Denmark and Malta They have certain restrictions for the legality of CBD, such as a maximum of 0.2% THC and a medical prescription so you can access Cannabidiol.
In countries like Slovakia and Belgium, any substance that comes from cannabis or hemp is completely illegal, so this includes CBD.
Luxembourg It has been established that to consume CBD legally, a limit of 0.3% THC in the product must not be exceeded.
Finally, we have Lithuania, who have allowed the legal cultivation of medicinal Cannabis for 6 years, in order to extract and take advantage of the benefits of CBD.
How is CBD legally located throughout Europe?
Thanks to all this information we can determine that although there are laws that hinder the free trade of Cannabidiol, there are still ways to obtain it without breaking laws.
Thanks to scientific advances, little by little progress has been made in the complete cannabis legalization and mainly from CBD, with which we can take advantage of all the properties that this plant offers us.
Hello, if you grow CBD can you transform your own harvest to obtain CBD oil?
But I still have a doubt...
Is it legal to sell these CBD products for topical or external use, physically (that is, in a store) in Spain?
Is the sale of CBD flowers for ornamental use or as a collector's item legal?
It is a topic on which I cannot find clear answers... probably due to its novelty and the different ways of thinking of each culture and the laws of different countries. Although belonging to the EU, I imagine that we will all have the same rights over the sale of these products. Either you can or you can't do it equally throughout the EU... right?
Hello Ramon, in Spain they can be sold freely as long as the THC percentage is less than 0.2%. However, for topical or external use, which is the case with cosmetics, they can only be made with isolated CBD (synthesized in a laboratory). While if it is full spectrum, extracted naturally in oil or flowers, it is only legal to sell it as an aromatic or collectible product and it can never exceed 0.2% THC, otherwise it would be considered illegal. I hope we have clarified your doubt, greetings.