Legal situation

Legal situation

Legal status of CBD in Spain?


In many countries, CBD consumption As a natural remedy to treat various ailments, it is widespread among the population. they see it as a very effective alternative, safe and that does not produce psychoactive effects or addiction .


The number of countries that have legalized the use of medicinal cannabis is increasing. In January 2019, the World Health Organization recommended to the UN, through a statement, to remove Cannabis from Schedule IV of the Single Convention on Narcotic Drugs of 1961 , although the UN continues to maintain, for the time being, the restrictions that affect the cannabis plant.


We know that the cultivation of the Cannabis plant, its medicinal use and its recreational use is prohibited in Spain, but what is the legal status of CBD in Spain? Is its sale legal? What restrictions do we encounter?


In many European countries such as Germany, the Netherlands, Italy, … CBD, in addition to being a legal product, can be purchased as a food supplement, without any type of restriction.


In Spain, the Spanish Agency for Medicines and Health Products (AEMPS) establishes the list of authorized food supplements, including minerals and vitamins suitable for human consumption.


Directive 2002/46/EC of the European Parliament (transposed into Spanish law by Royal Decree 1487/2009, which modifies Royal Decree 130/2018 since March 16, 2018), does not describe CBD in its list, as it is considered a “Novel Food” . We will have to wait for the review and regulation of the European Union so that the European Food Safety Authority (EFSA) allows its sale as a food supplement in all countries where CBD is not currently considered as such.


Meanwhile, and despite being a completely legal product, its commercialization It is only allowed as a cosmetic product for external use and not for human consumption. , which entails having to register, package and label these products as cosmetics for external use "not suitable for human consumption", with the consequent confusion that this causes in consumers. Labeling that does not correspond to reality.


Despite this, the consumption of CBD is increasing considerably among the Spanish population and this is due to the fact that many of the consumers of CBD are patients with diseases such as asthma, epilepsy, arthritis..., to whom CBD provides a reduction in their symptoms and, consequently, a better quality of life.


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