If you've been seeing "CBD" products everywhere for a while—oils, flowers, hash, creams—you might be wondering: But is this legal or not? Spoiler: Yes, but with nuances. Here we tell you without beating around the bush.
CBD is not illegal… but it's not as free as the air either.
In Spain, CBD is not considered a drug. Unlike THC (the psychoactive component of cannabis), CBD doesn't get you high, it doesn't give you a high, it doesn't leave you "hanging"That's why it's not on the list of prohibited substances.
Buuuut (there's always a but), You can't sell it or buy it as if it were a food supplement or something that cures things.. In summary:
- Yes you can buy it as a product aromatic, cosmetic or collectible.
- You can't sell or advertise it as “good for anxiety, pain, or insomnia,” even though many people use it for that purpose on their own.
So… what can I legally buy?
There are several things you can do without fear of being called by the court:
CBD flowers
They are buds, yes, but with less than 0.2% of THCThey are sold as an aromatic or collectible product (wink wink). If you see them labeled like that, like the ones offered https://onlycbdfans.com are within the law.
CB HashishD
It works the same as flowers: it is sold as an aromatic or collectible, never to smoke, although we already know that there are people who do it. The important thing is that Don't let them sell it to you with magical promises, and the labeling is clear and legalAgain, reputable stores like IberoHemp take care to do things right.
CBD oils
In Spain They can only be sold as cosmetics or for external use.. Don't take them orally, unless they have been approved as a "novel food" by the EU (spoiler: almost no one does). If they tell you it's for pouring on your tongue, believe it.
And what does Europe say?
From Europe they already made it clear in 2020 that CBD is not a drug if it comes from legal hemp, and that gives us some protection for products moving between countries. Thanks to this ruling, Spain has had to adapt somewhat to the European situation, although it still has a long way to go.
Can I be fined for using CBD?
In theory, they shouldn't tell you anything if you're carrying legal CBD flowers (less than 0.2% THC). But in practice, if you're smoking something on the street and it smells "like what it smells like," a police officer might get confused and ask you what the deal is. It is best to use it at home or discreetly.
Can I sell CBD products?
Yes, but you need to meet several key points:
- That the product has less than 0.2% of THC.
- Let it be perfectly labeled, not to mention therapeutic benefits.
- Have a nice day traceability (know where it comes from, how it was extracted, etc.).
- That you classify it well: cosmetic, aromatic or collectible, as the case may be.
And of course, comply with all your tax obligations: register, declare VAT, etc. This isn't a flea market.
What if I want to import or export?
Within the EU, you can move CBD products. if they comply with the legality of the country of origin and destinationOutside of Europe, things get complicated: each country has its own rules. Japan, Canada, the US… each with its own instruction manual.
Will this situation change?
Surely yes, but at its own pace. Spain could learn from countries like Switzerland or Canada, which have a clear and well-structured regulation, without all the fuss or strange interpretations. For now, it's time to continue navigating this legal gray area carefully.
In summary:
- You can buy CBD in Spain, but as an aromatic, cosmetic or collector's product.
- It is not allowed to advertise it as something medicinal. nor consume it orally or smoke it (even if you know that people do).
- If you want to shop with confidence, look for stores that comply with the law, such as https://onlycbdfans.com .
And if the law ever changes and everything is allowed more clearly… we'll let you know 😉
by 
