Moving Towards the Regulation of CBD in Spain

While Spain will not legalize medical cannabis after the government struck down hopes by claiming there was insufficient evidence to legalize medical cannabis, its congress has recently passed a text to regulate CBD in Spain with less than 1% THC. The text calls for the country to develop regulations for the production and marketing of CBD to provide certainty to consumers and industry.

In the absence of an agreement for immediate regulation of CBD in Spain, the Spanish Workers’ Party (PSOE) has managed to get an initiative approved in Congress that opens the door to future regulation of cannabis in Spain at less than 1% THC.

While the initial goal has been significantly reduced from early plans to fully legalize medical cannabis in Spain, the initiative will provide a clear framework for “the production, marketing, and consumption of” CBD in Spain.

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Finally, Regulation for CBD in Spain

The final text will have to regulate all aspects that affect the activities of the production cycle of CBD in Spain, as well as the regional legislation on agriculture, developing more precisely the European guidelines for the cultivation of industrial hemp.

According to Lucía Muñoz, a UP deputy quoted by Europa Press, “the prohibition of this non-narcotic cannabis is equivalent to the prohibition of non-alcoholic beer and harms the competitiveness of Spanish agriculture.”

Congress Text Launches Work Towards Regulating CBD in Spain

The text adopted by Congress launches the work to define a clear framework for CBD in Spain.

It calls for “progress in promoting the regulation of” CBD in Spain “to give legal certainty to the production, marketing, and consumption of it, respecting the competencies of the autonomous regions and the principle of subsidiarity in terms of protecting public safety, health, and agriculture.

It also asks the Spanish Agency for Medicines and Health Products “to indicate the existing position and possible consequences of non-compliance with the CJEU ruling of November 19, 2020” – called in France the Kanavape case – regarding the exceptions in the hemp market, which would allow the marketing of CBD in Spain.

A Future Regulation for CBD in Spain

From here, the agreed text for developing regulations for CBD in Spain calls to “establish in a future regulation of industrial hemp the limitation of the percentage of THC that guarantees the absence of narcotic effects, as well as a higher yield of crops and their sustainability in accordance with the European Green Pact; which, if not done, would force us to operate in this market with a clear disadvantage compared to other countries around us.”

The text for CBD in Spain also asks to “clarify the full competence of the competent authorities in agriculture for the cultivation of hemp and, in particular, for the processing of declarations relating to the cultivation of hemp for industrial and horticultural purposes.”

It adds that this will not only be for its industrial uses “but also for the production and trade of all parts of the hemp plant, including flowering tops without narcotic effects, for the marketing or for the extraction of its non-narcotic cannabinoids such as CBD.”

Spanish Government to “Harmonize the Process”

Finally, the text for CBD in Spain calls on the Spanish government to “harmonize the process of inspection, control, and analysis of the cultivation of hemp-derived products by the competent authorities” and to “pay attention to the progress made at the European level to diligently implement a legal framework on all hemp-derived foods, including those containing CBD and other cannabinoids that do not have narcotic effects, taking into account, where appropriate, the processes of authorization for new foods.”

You can be sure we will continue to follow the development of regulations for CBD in Spain.

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(Featured image by Mikhail Nilov via Pexels)

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