Legal status of marijuana and CBD in Spain

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An increasing number of European countries are choosing to loosen the laws regarding marijuana use. Quite serious steps in this regard have already been taken by Germany and Luxembourg, and some of the other Western countries want to follow suit. What is the law on marijuana and the availability of CBD substances in Spain?

Is it legal to possess and grow marijuana in Spain?

Both the sale and possession of any amount of marijuana in Spain is a crime. However, the situation looks different when it comes to its consumption. Of course, you can’t do that in public places, but private spaces are a different matter. It is true that in Spain the state is not particularly interested in what the citizens do at home. This is because the right to privacy is deeply rooted here. This means that even though marijuana is not officially legal in Spain, consuming it for personal use, in private, is not punishable. What’s more, apart from just smoking it, you can also grow cannabis quite comfortably at home as long as they can’t be seen it from outside – so it’s best not to put it on your windowsill. It is worth paying special attention to this because growing marijuana which can be seen from outside, such as on balconies, is punishable by fines ranging from 601 to as much as 30,000 euros.

How much THC can CBD oil in Spain contain?

When it comes to the legality of CBD in Spain, the whole issue is quite complicated. This is mainly due to the fact that many regulations in this area are in the so-called grey area or have been modified recently. According to the law in force in Spain, the production of CBD oil is aligned with the EU law, which stipulates that it can’t contain more than 0.2% of THC. 

CBD oil in Spain is mainly available for medical use. Although you can find sale offers of the product online, commercial consumption of CBD by humans is illegal. Currently, all producers and distributors of CBD oil in Spain must comply with the legal provisions. The most important is of course the content of THC in the product, which must not exceed the aforementioned 0.2%. Anyone looking to get into the CBD and cannabisbusiness in Spain needs to be mindful of legal regulations. And these, at least in terms of CBD oils, are constantly changing.

Coffee Shops in Spain – How do they work?

Despite the rather significant legal restrictions on the sale and distribution of CBD and marijuana in Spain, there are coffee shops operating in the country. However, they are not like the open coffee shops operating in the Netherlands that anyone can enter. They are rather something in the form of closed clubs, available only to members who have to sign a membership declaration and pay an annual fee of about 10-20 euros.

These types of private clubs are allowed to operate, because they are not public spaces under Spanish law. They are considered private spaces where, as we’ve already mentioned, it is legal to use marijuana for personal use. Of course, at a club like this, no one sells anything. Club members merely come to pick up their own share of plants that the club grows on their behalf. This is another interesting loophole in the law. It allows such sites to operate without violating any regulations. Not surprisingly, there are quite a few such clubs in Spain.

Legal status of marijuana and CBD in Spain – Roundup

Spain is known as one of the more liberal countries in the European Union. However, its regulations for growing and selling marijuana are quite restrictive. At least in theory. This is because the law contains quite a few loopholes that growers take advantage of. They create a fairly free space for residents to smoke cannabis – as long as it is done in private spaces and for personal use. However, when it comes to the production of hemp itself, including CBD oils, legal acts favour European Union regulations, stipulating that the amount of THC in hemp products must not exceed 0.2%. Moreover, CBD oils are only allowed for medical purposes, but the enforcement as regards their availability is quite ineffective, so you can easily find them in on-line stores and health food outlets.

Despite Spain’s rather restrictive cannabis laws, the country has a fairly open attitude towards so-called Coffee Shops, or rather Cannabis Clubs, which can be joined by people who are at least 21 years old and have paid an annual club fee.

See also:

CBD and THC products in France
Marijuana legal in Thailand
Is marijuana legal in Italy?