In Spain drug trafficking is considered a crime In the Penal Code, selling cannabis can be punishable by up to three years in prison. However, there are ways to make a legal living from marijuana, the illegal drug. most consumed in the European Union. These alternatives are grow shops and CBD stores, which represent "an increasingly interesting market niche." According to lawyer Helena Echeverri of Sativa's Consulting, the law of supply and demand in this sector is "very favorable."
"In times of crisis, many people are considering new ways to make money," Echeverri points out. The truth is that more and more stores are on-line or physical stores, which specialize in selling cannabis derivatives such as CBD, the relaxing and non-psychotropic component, or even seeds and all kinds of utensils to germinate them. Although the sector is somewhat contradictory: products with CBD cannot be sold for human consumption. CBD nor can the seeds be marketed for planting.
Grow shops: businesses that sell collectible seeds
Greenhouses, pots, fertilizers, irrigation systems... A grow shop It's a store where you can find everything you need to grow any plant you want. "It's like any other store, like a hardware store or a T-shirt shop," says Enrique, a shop assistant. However, they have a unique feature: they sell marijuana seeds, something difficult to find in a local flower shop. "We sell them for collecting, like stamps," because they can't be planted.
According to lawyer Echeverri, who spoke to RTVE.es, buying cannabis seeds is similar to buying knives because "you can have them to cut ham, but not to kill someone." That is, "you can have them in your house, in a bag, but you can't grow them." But if the seeds can't be sold for planting, why is equipment for that sold? According to Carlos, the manager of a grow shop In Madrid, these types of stores are dedicated to "technical horticulture items for all plants, from strawberries to legumes."
“Once the law is made, the trap is set.
"Obviously, people who sell seeds claiming to be for collectors may suspect that's not what they're being bought for," but "once the law is made, the trap is set," the lawyer observes. In Spain, according to attorney José Luis Parra, there are seven seed sales companies with profits exceeding five million euros. However, these are sold with VAT at 21%, the rate for an object, rather than the 10% rate for crops.
"The Citizen Security Law prohibits the promotion of marijuana"
For his part, Parra, a professional at THC Abogados, believes this contradiction seeks to keep cannabis "out of sight." "It's a tax issue; the Citizen Security Law prohibits the promotion of marijuana," he points out. However, even though the purchase of marijuana seeds is not permitted, private marijuana use is not illegal in Spain. Nor, in principle, is having a cannabis plant at home.
Spaniards are in favor of legalizing marijuana
Although there are differing opinions regarding cannabis cultivation at home, Francisco Azorín, a lawyer and spokesperson for the European Observatory on Cannabis Cultivation and Consumption, points out that "it has no legal consequences." "In the administrative case, if it's not visible to the public, you couldn't be sanctioned under the Gag Law," he explains to RTVE.es. However, there is no regulation establishing a maximum number of plants or other related guidelines.
The success of CBD, the non-psychotropic compound
Cannabis has several components, including THC, which produces psychotropic effects, but also CBD, which has been making waves in recent years for containing all the benefits of marijuana without causing the famous "high." According to the owner of Dina Hemp, a shop that sells CBD products in Valencia, "there are many people who have traditionally used cannabis for its relaxing effect, but they no longer want to get high, so this has been a great help."
According to various studies, CBD has multiple medicinal properties such as improved sleep, muscle recovery, and reduction of pain and inflammation. In fact, in 2020, the UN removed cannabis from Schedule IV of the Single Convention on Narcotic Drugs, where it was listed alongside addictive and lethal opioids like heroin, paving the way for recognition of its therapeutic potential.
“There are clients who say that we have changed their lives.
"There are clients who say we've changed their lives," explains the Dina Hemp entrepreneur. Enrique, a sales assistant, shares this experience: "I have a lot of clients with cancer problems, and they say it's wonderful." Because of these benefits, its cultivation in the European Union is legally permitted as long as it does not exceed the tetrahydrocannabinol (THC) content limit of 0.2% established by Regulation (EU) No. 1307/2013 of the European Parliament and of the Council. However, it cannot be sold for human consumption.
CBD stores cannot sell for human consumption
CBD stores sell the compound in the form of flowers, oils, and other products such as creams, but none of these can be sold for ingestion. "We don't sell it for human consumption because the law requires it, so we never recommend it, even though we all know what it's for," says Álvaro, a shop assistant at a Madrid cannabis store.
“It is sold as an aromatic plant so you can put it in the living room as an air freshener.
"The flower, for example, which is the top seller, is sold as an aromatic plant to put in the living room as an air freshener," he notes. However, as the manager of Dina Hemp points out, "the customer already knows what they're getting, they already know what they're going to buy," so, as with the collector's seeds, no words are needed.
But these particular air fresheners aren't cheap. According to lawyer José Luis Parra, CBD cultivation is selling for between 250 and 350 euros per kilo of dried flower, while "a purified gram is selling in stores for 25 or 50 euros." Nor are oils, which range from 30 to over 100 euros, nor are creams and cosmetics, which are around similar prices.
These stores are forced to purchase the products they sell from neighboring countries where they are legally produced. According to Daniel Pérez, co-founder of Tía María, on RNE, farmers who grow hemp in Spain face very limited rights, since tampering with the bud, even CBD, is a crime.
A very varied clientele
Both the grow shop CBD stores are noticing a very diverse clientele. "When we started in this, we thought customers would be between 20 and 25 years old, but most are older," explains the founder of the Dina Hemp brand. Pedro, in charge of a grow In Seville, he notes that "there is no standard profile."
““Grandmothers who have recommended it to their friends also buy it from us.”
"From 20-year-olds to 80-year-olds, of all nationalities and from all countries," she notes. However, since it doesn't have psychotropic effects, CBD users are more common in the age range. "We also get purchases from grandmothers who have tried it, found it works, and recommended it to their friends," adds Dina Hemp.
Medical cannabis in Spain: unregulated, with research challenges, and patients who feel like "criminals."
Regarding the profitability of the business, the vendors point out that it's enough "to earn a salary of about 1,200 euros after paying all expenses," but they also warn of the great insecurity they experience due to the lack of specific regulations: "We feel very insecure, criminalized, and persecuted," which is why the vendors' testimonies were anonymous. However, for lawyer Parras, the key lies in being well-advised by professionals.
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