The regulation of cannabidiol (CBD) in Spain has generated significant legal controversy. Despite its commercialization in specialized stores, its possession has led to multiple complaints under the accusation of drug trafficking.
The confusion between CBD and marijuana represents the main problem. Although CBD has no psychoactive effects, its appearance is similar to traditional cannabis, which has led to police interventions and criminal proceedings.
This article provides a clear guide on the legal status of CBD in Spain, the legal risks faced by those who possess it and the most effective defense strategies in case of prosecution.
What is CBD?
Cannabidiol (CBD) is a chemical compound present in the Cannabis sativa plant, commonly known as hemp or marijuana. Unlike tetrahydrocannabinol (THC), CBD has no psychoactive effects and, therefore, is not considered a narcotic according to various international regulations.
Its extraction comes, for the most part, from industrial hemp, a variety of cannabis with low THC content. Currently, a specific form of CBD is approved as a medication in the United States to treat seizure disorders.
Composition and Origin of CBD
In the Cannabis sativa plant, more than 80 cannabinoids have been identified, being the Is CBD commercialization legal in Spain?
The commercialization of CBD (cannabidiol) in Spain is within a complex and constantly evolving regulatory framework. Although CBD is not a narcotic, its sale depends on the final use of the product and the content of THC (tetrahydrocannabinol).
In Spain, CBD is not prohibited in Spain, but its commercialization depends on the specific use for which it is intended.
Cosmetic use
CBD is authorized in cosmetic products, provided they comply with the requirements established by the AEMPS and the European Cosmetics Regulation (Regulation (EC) No. 1223/2009).
It is necessary to be registered in the European Cosmetic Product Notification Portal (CPNP) and therapeutic claims may not be made, as only cosmetic uses are accepted.
It is permitted in oils, creams, lotions, shampoos and lip balms for topical application. And They cannot exceed the permitted levels of psychoactivity or THC (0.3%).
Therapeutic application
The therapeutic use of CBD in Spain is highly restricted and is only permitted in medications approved by the AEMPS and the European Medicines Agency (EMA).
In Spain, only the medication Epidyolex is authorized
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Why you can be prosecuted for drug trafficking for buying CBD in Spain
Article 368 of the Spanish Criminal Code regulates the crime of drug trafficking and establishes penalties for those who produce, transport, sell or facilitate the distribution of narcotic or psychotropic substances.
Despite the fact that CBD (cannabidiol) is a non-psychoactive compound and legal in Spain for certain uses, the lack of clear regulation and confusion with THC (tetrahydrocannabinol) have led to situations where buyers and sellers of CBD have been prosecuted for drug trafficking.
The key to this problem lies in three main factors:
- Visual similarity to marijuana, leading to police interventions.
- Presence of THC above 0.3%, the threshold permitted in the European Union.
- Lack of labeling or certification of the product, making its identification difficult.
- Quantity seized, as possession in large volumes can be interpreted as trafficking.
In most cases, the Police or Civil Guard seizes the substance for analysis in a toxicology laboratory. If the THC content exceeds 0.3%, a criminal proceeding is initiated for a crime against public health. If the analysis were below
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.