Compliance y Prevención de Riesgos Penales para Empresas y Tiendas de CBD
Implementación de protocolos personalizados para reducir la inseguridad jurídica de tu negocio de CBD. Auditoría legal, clasificación de productos, revisión de etiquetado y documentación para demostrar diligencia debida ante cualquier inspección o requerimiento.
CBD Regulations in Spain: What You Need to Know
The legal status of CBD varies depending on the type of product. Understanding the regulatory framework is essential to assess the risks of your business.
CBD for ingestion
High risk- Status: Not authorized as food or supplement
- Reason: Classified as “Novel Food” without EFSA authorization
- Risk: Product withdrawal, administrative sanctions
- Includes: oils, gummies, capsules, infusions
Cosmetic CBD
Medium risk- Status: Legal if compliant with Regulation (EC) 1223/2009
- Requirements: CPNP notification, safety assessment
- Key: Correct labeling, no health claims
- Includes: creams, serums, balms, topical oils
CBD flowers and buds
High risk- Status: Problematic (flowering tops)
- Reason: Considered narcotics according to Spanish prosecution and administration
- Risk: Frequent seizures, criminal proceedings
- Labeling as “collectible” does not exempt from liability
CBD for vaping
High risk- Status: Not legal for human consumption
- Reason: No authorization as inhalable product
- Risk: Sanctions and product withdrawal
- E-liquids with CBD under authorities’ control
THC: the critical limit
The reference limit in Spain for industrial hemp-derived products is 0.3% THC, although its application may vary depending on the type of product. In any case, to determine legal relevance and possible psychoactivity, it is necessary to analyze not only the THC percentage but also the product’s psychoactivity index. An adequate compliance system includes management of certificates of analysis (CoA) and complete traceability of cannabinoid content.
Sources and regulatory references
AEMPS (Spanish Agency of Medicines) · AESAN (Food Safety Agency) · Regulation (EC) 1223/2009 (EU Cosmetics) · EFSA (Novel Food) · Royal Decree 903/2025 (Medicinal cannabis)
Why trust Gabriela Sierra for your CBD company’s compliance?
-
Exclusive specialization in cannabis
Over 10 years dedicated to the cannabis sector. In-depth knowledge of regulations, their evolution, and authorities’ interpretations.
-
Preventive approach, not just reactive
The goal is to prevent problems, not just solve them. Protocols designed to demonstrate due diligence before any inspection.
-
Practical experience with CBD companies
Advising physical stores, e-commerce, and distributors. Real knowledge of the sector’s operational challenges.
-
Clear and approachable communication
Explanation without unnecessary technicalities. You know what is being done, why, and with what implications. Support throughout the entire process.
-
Constant updates
Lecturer in the Cannabis Expert Master’s program at Cannabishub in collaboration with the University of Barcelona. Continuous monitoring of national and European regulatory changes.
How much does compliance cost for your CBD company?
The budget is tailored to each business’s specific needs: number of products, sales channels, operational complexity, and level of support required.
Risk Assessment
Ideal to understand your current situation
- Initial audit of business model
- Analysis of products and legal category
- Identification of main risks
- Report with recommendations
Comprehensive CBD Compliance
Customized budget according to needs
- Everything from the assessment included
- Design of customized protocols
- Review of labeling and advertising
- Documentation for suppliers
- Implementation and training
- Support throughout the process
Do you need ongoing monitoring?
If your company requires recurring advice, consult the monthly advisory service for CBD companies (from €350/month with hours included). Once compliance is implemented, monthly monitoring ensures updates in response to regulatory changes.
Other services for CBD companies
CBD company formation
Corporate structure, initial advice, and launch of your CBD business with legal certainty.
View serviceCBD product registration
Advice for the registration of cosmetics, supplements, and health products with CBD before the authorities.
View serviceMonthly CBD advisory
Ongoing service with advisory hours included, priority attention, and response to recurring questions.
View serviceFrequently asked questions about CBD compliance
Is it legal to sell CBD in Spain?
It depends on the type of product. Cosmetics with CBD can be legal if they comply with European regulations (Regulation 1223/2009). However, CBD for ingestion (oils, gummies) is not authorized as food or supplement in the EU. A compliance system helps you identify which products you can sell and how to do so correctly.
What happens if my store sells products that do not comply with regulations?
Consequences may include product withdrawal, administrative sanctions, and even criminal liability if considered a crime against public health. Coordinated inspections in 2024-2025 have resulted in numerous product withdrawals and sanctioning procedures.
How long does it take to implement compliance?
It depends on the complexity of the business. An initial assessment can be completed in 1-2 weeks. Full implementation typically takes 4 to 8 weeks, including protocol development, documentation review, and team training if necessary.
Does compliance guarantee I will not have legal problems?
There is no absolute guarantee in a sector with regulatory gray areas. However, a well-implemented compliance system significantly reduces risks and demonstrates due diligence, which can be decisive in any administrative or criminal proceeding.
Can I contract only the initial assessment?
Yes. The risk assessment can be contracted independently to understand your business’s current situation, identify main risks, and decide next steps with clear information on the table.
Request your CBD risk assessment
Tell me about your company and we will contact you to analyze your situation. No commitment, with complete confidentiality.
Request information
Complete the form and we will contact you within 48 hours
Your data is protected. Confidentiality guaranteed by professional secrecy.