Abogada para
empresas de CBD

Yes, but with very specific conditions. CBD is legal in Spain as long as products contain less than 0.3% THC and are marketed for external or cosmetic use. The sale of CBD for human consumption (ingestible oils, infusions, supplements) is not authorized, as the EFSA classifies it as “novel food” without approval.

The Court of Justice of the European Union judgment of November 2020 (Kanavape case) established that CBD legally produced in one Member State cannot be prohibited in another, as long as it complies with regulations. This has opened the market, but does not eliminate regulatory complexity.

There is no specific license to sell CBD in Spain. However, you do need to comply with the general requirements of any commercial activity:

• Registration in the Commercial Registry (if a company)
• Registration in the IAE under different headings depending on activity, product, and use
• Registration with the Tax Authority and Social Security
• Opening license from the corresponding municipality
• Compliance with data protection regulations

In addition, if you sell cosmetics with CBD, you must notify products to the CPNP portal (Cosmetic Products Notification Portal) of the EU. And if you import products, you need to ensure they comply with regulations and have the corresponding laboratory analyses.

Permitted products (with requirements):

• Topical cosmetics: creams, body oils, balms, serums (notified on CPNP)
• Aromatic and Decorative Products
• Industrial Hemp Biomass and Flowers with High CBD Content

Products NOT authorized for sale:

• CBD Oils for Ingestion or Sublingual Use
• Infusions, Gummies, or Any Food with CBD
• Food Supplements
• Any Product with Therapeutic or Medicinal Claims

The established limit is 0.3% THC. This percentage comes from European regulations for industrial hemp. Any product exceeding this limit may be considered a narcotic, with the legal consequences that entails.

At the European level, since 2023 up to 0.3% THC is allowed for hemp cultivation with CAP subsidies, the same as in Spain for marketing derived products.

It is essential to have laboratory analyses (COA certificates) that certify the THC content of each product batch. The supplier’s word is not enough.

Inspections of CBD stores are increasingly frequent, especially in cities like Barcelona and Madrid. What can happen:

• Preventive seizure of products if you cannot prove their legality
• Request for documentation: laboratory analyses, invoices, CPNP registration
• Administrative sanctions for non-compliance in labeling, advertising, or registration
• Criminal proceedings if THC above the limit is detected or indications of trafficking

Having clear action protocols, organized documentation, and knowing your rights makes the difference between a scare and a serious problem.

The CPNP (Cosmetic Products Notification Portal) is the European portal where all cosmetics must be notified before marketing in the EU. It has been mandatory since 2013 under Regulation (EC) 1223/2009.

Basic steps:

• Designate a “Responsible Person” (may be the manufacturer, importer, or an authorized third party)
• Prepare the Product Information File (PIF)
• Register on EU LOGIN and request access to the CPNP
• Notify each product with its formulation, labeling, and photograph of the packaging
• Keep the file updated for 10 years from the last marketing

The AEMPS does not allow national registration of cosmetics with cannabis derivatives, so the European route through the CPNP is mandatory for these products.

It is a gray area with significant risks. CBD flowers are commonly marketed as aromatic, decorative, or collectible products. They cannot be sold for human consumption (smoking, vaping, infusing).

The problem is that CBD flowers are visually identical to marijuana with THC. In a police inspection:

• They may be preventively seized for analysis
• If they exceed 0.3% THC, they are considered a narcotic
• Even if the analysis is favorable, the process can take months
• Meanwhile, your product is retained and your business affected

If you decide to sell flowers, you need: analysis of each batch, clear labeling of use not intended for consumption, complete invoicing, and action protocol for inspections.

Yes, but with important restrictions. Advertising of CBD products is limited by several regulations:

• Prohibited: Therapeutic or medicinal claims without AEMPS authorization
• Prohibited: Advertising directed at minors
• Prohibited: Suggesting consumption, inhalation, or medicinal use
• Limited: Platforms like Meta (Facebook/Instagram) and Google Ads restrict or block CBD ads

What you can do is communicate that your products are legal, of natural origin, and for external use. Highlighting quality, origin, and certifications is valid.

It is not mandatory, but highly recommended. The legal vacuum of CBD means that the decisions you make at the beginning (corporate structure, type of products, suppliers, labeling) can have significant consequences in the medium term.

Specialized advice helps you:

• Choose the most appropriate legal structure for your project
• Avoid products or suppliers that may cause you problems
• Prepare documentation and protocols for inspections
• Review labeling and commercial communication
• Have immediate support if any incident arises

The difference between a CBD business that works and one that closes within a few months often lies in having done things right from the start.

Industrial hemp cultivation is legal in Spain under certain conditions:

• Use certified seeds from the EU Common Catalogue
• Varieties with less than 0.3% THC (EU limit since 2023)
• Declare cultivation to the corresponding autonomous community
• Allocate cultivation to authorized purposes (fiber, seed, industrial use)

The problem: Cultivating hemp to obtain inflorescences (flowers) rich in CBD for human consumption is not authorized without specific permission from the AEMPS. Cultivating to obtain CBD for cosmetics is in a legal limbo.

If your project involves cultivation, you need specific advice that takes into account both agricultural and narcotics regulations.

In practice, many initial controls carried out by authorities do not precisely determine the percentage of THC, but are limited to detecting its presence through preliminary systems that do not always allow establishing whether the product is legal or not. For this reason it is essential to have complete traceability and reliable laboratory analyses that certify the legality of the products being marketed. In case of intervention or police analysis, in many cases it will be necessary to request a second analysis or counter-analysis, performed by an accredited laboratory, that determines not only the percentage of THC but also the psychoactivity index of the product. It is important to distinguish between two situations:

• Marketable products: in Spain, hemp-derived products must remain below 0.3% THC.
• Criminally relevant products: for there to be a crime against public health, psychoactivity must be proven, which depends on the balance between cannabinoids (mainly THC, CBD, and CBN) and on the psychoactivity index exceeding the threshold considered relevant.

This means that not all products containing THC automatically generate criminal liability. In many cases they are simply products with levels higher than those provided for marketing, which may give rise, if applicable, to administrative consequences, but not necessarily a crime. Therefore it is essential to have analytical documentation, product traceability, and specialized legal advice to be able to prove the real nature of the product in case of intervention.

Yes, you can sell CBD online in Spain as long as your products meet the same requirements as in physical stores:

• THC content below 0.3%
• Correct labeling (external use, no therapeutic claims)
• Cosmetics notified on CPNP
• Laboratory analyses available
• Do not sell to minors under 18

Important limitations:

• Platforms like Amazon have restrictive policies on CBD
• Meta Ads and Google Ads limit or block advertising for these products
• Some payment gateways (Stripe, PayPal) may reject CBD businesses
• International shipments: each country has its regulations, verify beforehand

Also, how it is advertised and the type of use for which the product is sold are priorities. Warnings and the way of communicating are priorities. That is why we have communication and digital marketing professionals (SEO/GEO, etc.) specialized in the cannabis sector to help you achieve your goals by the book. Likewise, there is the entire set of laws around e-commerce that you must comply with if you have an online store: LSSI, data protection, clear sales conditions, etc.