Spain
Is CBD Legal in Spain?
Status
Restricted
Covers
Jurisdiction
Last updated
May 28, 2026
The short answer
CBD in Spain occupies a highly restrictive legal position compared to most EU member states. Spain aligns strictly with the EU Novel Food Regulation 2015/2283, classifying ingestible CBD products (oils, edibles, capsules, beverages) as unauthorized novel foods that cannot legally be sold for human consumption pending EFSA safety evaluation. The Spanish Agency for Food Safety and Nutrition (AESAN) actively enforces this position, with regular seizures of CBD oils marketed for ingestion. Topical CBD cosmetics are permitted under Regulation (EC) 1223/2009 when derived from hemp seed or isolate without controlled cannabis extract status. CBD-containing medicines (Epidyolex for refractory epilepsy, Sativex for MS spasticity) require prescription and AEMPS authorization. CBD flower remains treated as cannabis under narcotics law regardless of THC content. Spain remains one of Europe's largest CBD producers for export, despite the domestic sales prohibition for ingestion.
Key facts ·
Spain
Key facts
Rules at a glance
THC limit
Maximum 0.3% THC in finished hemp-derived products (aligned with EU 2023 update)
Regulator
Agencia Espanola de Medicamentos y Productos Sanitarios (AEMPS)
Key regulation
Reglamento (UE) 2015/2283 sobre Nuevos Alimentos; Real Decreto 1345/2007
Effective
January 1, 2018
Adult-use cannabis
Illegal
Medical cannabis
Limited
For brands and importers
Import and export rules
CBD import and export for cosmetic and industrial use is permitted with proper customs documentation, GMP compliance, and certificates of analysis confirming THC content below 0.3%. Ingestible CBD products cannot be legally placed on the Spanish market without Novel Food authorization. Pharmaceutical CBD imports require AEMPS licensing. Spain is a major hemp/CBD raw material exporter to the EU, with most domestic production destined for foreign markets.
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