Cannabis as an ingredient in food or supplements (Spain)

In general terms, Cannabis refers to the variety of Cannabis sativa L. cultivated for industrial purposes. Its cultivation is legally permitted if it does not exceed the limit of 0,3% of tetrahydrocannabinol (THC), according to Regulation EU 2021/2115. Recently the EU novel foods catalogue has been updated, and foodstuffs from hemp seeds, seeds oil, water infusion of hemp seeds etc. are not considered as novel food (as far as the limit of 0,3% is respected). However, and regarding cannabinoids (CBD, CBDA, CBG etc...), regardless of whether their origin is natural or synthet-ic, as well as the extracts of the plant synthetic origin (as well as extracts of the Cannabis sativa L. plant), are consid-ered as novel foods since it has not been possible to demonstrate a history of significant and safe consumption in the European Union prior to May 15, 2007. Therefore, the company wishing to market extracts of the plant Cannabis sativa L. and cannabinoids in the food field, might submit, prior to their commercialization, a request to the EU Commission. Spain has no regulations regarding Cannabis Sativa. However, the Spanish Food Safety Authority has published sev-eral communications, being the latest one the one of June 2023.

This is general information rather than legal advice and is current as of 30 May 2024. We recommend you contact a specialised food lawyer for legal advice for your particular circumstances to support commercial decisions which could impact your product or business.

Silvia Bañares Vilella