Spain is known to be one of the most liberal countries in the European Union when it comes to hemp production, however the laws favour the general EU laws and regulations which means CBD products can only be commercialized as long as they contain less than 0.2% THC and are meant for topical use only.
Although Spain is a major cultivator of Hemp and Hemp products, the country is more focused on sending its product to foreign markets, maintaining Cannabis legality in a grey zone, or outright illegal altogether.
The legality of CBD oil in Spain is a somewhat complicated subject, as many of the laws fall into grey zones or were only recently codified. Let's take a closer look at exactly what the legality of CBD oil is in Spain.
When it comes to cannabis, all scopes other than the trade or sale of cannabis were decriminalised.
However the use of cannabis for commercial purposes is currently illegal in Spain and seen as a criminal offence.
Even so, you can cultivate cannabis for your personal use. This situation is constantly changing and the legal status of CBD oil in Spain is under constantly adapting regulations.
There are certain rules to be followed by all cannabis product manufacturers and distributors, the most important being that all products that contain CBD oil as one of their ingredients, must have a THC level under 0.2% in order to be legally commercialized. This law follows the international regulations.
IS IT LEGAL TO BUY CBD IN SPAIN ONLINE: YES
CBD is legal for medical use. While many stores offer CBD online, it is technically illegal to commercialize it for human consumption, other than for medical purposes, as per an August 2018 statement from AECOSAN (The Spanish food and drug agency).
This being said, medical cannabis is not regulated in Spain. One thing is clear, Spain prohibits the use of narcotic drugs as ingredients for medical use and since CBD does not contain any psychoactive agents, its medicinal use has been made legal in the country recently.
IS IT LEGAL TO BUY CBD IN SPAIN OFFLINE: YES
Once again, the Spanish authorities have determined that CBD oil cannot be legally sold in shops, although it is very common to find CBD oil for sale in natural medicine and health food shops. A number of raids have been reported over the years, but it appears to be lightly enforced. However, you’ll find many CBD products for skin care and CBD treatments of different skin conditions.
IS IT LEGAL TO GROW HEMP FOR CBD IN SPAIN? YES
Although it is illegal to buy and sell CBD oil, the Spanish government adjusted previous laws on Hemp cultivation, making allowances for 25 approved strains, and also stipulating that dried hemp products cannot contain more than 0.2% THC. As for making CBD oil from home grown plants, it is not explicitly illegal. In fact, no legal ruling has been made on this topic.
IS IT LEGAL IN SPAIN TO BUY PRODUCTS CONTAINING ABOVE 0.2% OF THC FOR MEDICAL USE: NO
The autonomous regions in Spain have created some allowances for medical products containing above 0.2% THC, but the overall Spanish state has not. This may seem strange to some people, as Spain is both a hot spot of industrial hemp cultivation as well as one of the largest hubs for Cannabis research in Europe, not to mention the hosting country of one of the greatest cannabis events in Europe, Spannabis.
IS IT LEGAL IN SPAIN TO BUY PRODUCTS CONTAINING ABOVE 0.2% OF THC FOR RECREATIONAL USE: NO
It is illegal to traffic cannabis in Spain. While the law is mostly focused on selling, it can include purchasing as well. That being said, it is legal to cultivate and harvest cannabis for one's personal use.
While it is illegal to smoke cannabis in public areas, Spain does have a legal grey area for “Cannabis Clubs” to exist, where members can get together and smoke cannabis legally. You can become a member of one of these 500 already existing clubs if you are over 21 and a Spanish citizen. Interestingly enough, these clubs exist and conduct their non-profit activity without any issues from law enforcement.
CONCLUSION
Despite Spain’s liberal and historically forward thinking outlook on hemp, CBD oil currently falls under the category of EU enforced laws, which means it is only legal for topical use and not for consumption, as long as the THC level is under 0.2%. However, this is poorly enforced by the authorities and CBD oil is easily found online and in health shops. That being said, it is legal to cultivate Cannabis and create one's personal supply of CBD oil.
