Is CBD legal in Spain in 2020?

WHO Statement on CBD

The World Health Organization (WHO), has as its main objective to manage prevention and intervention policies at a global level. The WHO has been in charge of confirming and assuring that CBD does not generate any type of addiction and that it does not produce harmful effects on health, in addition to certifying that CBD offers a great amount of medicinal possibilities.

The report issued by the WHO tells us that CBD has been proven to be an effective treatment for epilepsy. It says that there are many studies in this field. And that although the rest of the research is considerably less advanced, most of it is pre-clinical evidence, it determines that the properties of CBD are:

  • Neuroprotectors
  • Anti-epileptic drugs
  • Anxiolytics
  • Antipsychotics
  • Painkillers
  • Anti-inflammatory
  • Anti-asthmatics
  • Antitumorals

In general terms, according to the laws of each country, CBD derived from hemp can be divided into three main categories: totally legal, medicinal and strictly controlled. If CBD is fully legal, it means that it is available to the general public. Some countries have completely legalized CBD. Other countries allow medicinal CBD (e.g. Australia, Canada or Chile). And many other countries still classify CBD as strictly controlled or have simply not regulated it specifically.

Currently in 2020, in countries like the USA, Switzerland or England, CBD helps many people in their daily lives, and that number is growing every day.


Legal status about CBD in Europe

The first thing to note is that CBD is not a psychotropic substance, so it is not included in the 1971 Vienna Convention on Psychotropic Substances, as is Tetrahydrocannabinol (THC), which is also found in cannabis flowers. CBD is not listed as a narcotic drug and therefore CBD is not a narcotic drug.

Currently, in the EU and Spain, planting and production of industrial hemp is allowed as long as THC levels are below 0.2 per cent. Europe since January 2018 has classified the use of CBD as a novel food, which is awaiting a safety assessment under the Regulation (EU) 2015/2283 on novel foods. According to the Novel Food catalogue everything related to Cannabis sativa L, extracts of Cannabis sativa L and derived products containing cannabinoids are considered as novel foods. As no consumption history has been demonstrated before 15 May 1997. This applies both to the extracts and to the products to which they are added as an ingredient, such as hempseed oil.

Several EU Member States, where the cultivation, production, processing, distribution and consumption of Cannabis Sativa, its extracts and derivatives with cannabinoids (including CBD) are legally permitted, have confirmed significant and safe consumption as a food ingredient. They allow the marketing of products made from hemp as a food supplement. Whenever a product is legally manufactured or marketed as a food supplement or dietary product on the market of an EU member state, free movement, sale and consumption in the rest of Europe is permitted.

Therefore, the Spanish authorities or those of other member countries cannot oppose the marketing of products made with CBD as food supplements in the EU, due to the principle of mutual recognition and the regulation of free trade in the Union.


Legal status about CBD in Spain in 2020

CBD in Spain is not illegal, but it cannot currently be sold as a food or supplement due to lack of regulation. And the authorities have reported that it will not be specifically regulated, pending regulation by the European Union of the currently "New food".

Therefore, products containing CBD in Spain are legal as long as they are marketed as cosmetics and with the corresponding labelling "external use" or "cosmetic use". That is, for treatments of different skin conditions or for skin care and, as long as they have THC levels below 0.2%.

The United Nations is expected to introduce the WHO recommendations into the International Conventions in the near future. And that the European Union will specifically regulate hemp and its derivatives, for human consumption. As long as whoever decides to consume these products will have to look for natural products, without any additives and make sure that they contain less than 0.2% THC. It therefore has no narcotic effect and is completely safe. 

And remember that whenever you buy a product in Spain that complies with the law it will be labelled "external use" or "cosmetic use".

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