The legality of CBD: differences between American, European and Spanish legislation.

CBD, or cannabidiol, is one of the non-psychoactive compounds found in the cannabis plant. CBD has been used for centuries to treat a variety of medical conditions, and has gained popularity in recent years due to its potential to relieve pain, anxiety, and other symptoms. Despite its benefits, the legality of CBD has been the subject of debate around the world. In this article, we will analyze the differences between American, European and Spanish legislation regarding CBD.

American legislation.

In the United States, CBD extracted from hemp (a variety of cannabis with a THC content of 0.3% or less) is considered legal under the 2018 Farm Bill. However, the Food and Drug Administration (FDA) has not yet approved the use of CBD in food, beverages, and dietary supplements. Additionally, the legality of cannabis-derived CBD with a THC content greater than 0.3% varies by state. Some states have legalized the medical and/or recreational use of cannabis, while others ban it entirely.

European legislation.

In the European Union, CBD is considered a "novel food" (a new or modified food) and is subject to regulation by the European Food Safety Agency (EFSA). EFSA has not yet approved CBD as a food, and its sale as a food supplement is prohibited in several EU countries, including Spain. However, CBD products are allowed to be sold as cosmetics, as long as no therapeutic claims are made.

Spanish legislation.

In Spain, CBD is considered a "cannabis product" and is subject to the 2015 Citizen Security Law, which regulates the cultivation, processing and trade of cannabis and its derivatives. According to this law, the sale of CBD products is allowed as long as they meet certain requirements, such as a THC content of less than 0.2% and a clear indication that the product is not for human consumption. In addition, the sale of CBD products for therapeutic purposes is prohibited, since they can only be marketed by pharmacies and under medical prescription.

European and Spanish jurisprudence.

In 2020, the Court of Justice of the European Union (CJEU) ruled that CBD is not a narcotic and therefore not subject to the restrictions of the Single Convention on Narcotic Drugs of 1961. This ruling has had implications in the regulation of CBD throughout the EU. In Spain, jurisprudence has also evolved in recent years, with several rulings that have allowed the sale of CBD products with a THC content greater than 0.2% as long as no therapeutic claims are made.