Spain reaches agreement on future regulation of hemp at 1% THC

In the absence of agreement on the immediate regulation of light cannabis in Spain, the Spanish Socialist Workers' Party (PSOE) has succeeded in getting Congress to approve an initiative that opens the door to future regulation of cannabis with less than 1% THC.

While the original goal has been considerably scaled back, the initiative will provide a clear framework for «the production, marketing and consumption of products» derived from the entire hemp plant in Spain.

Finally regulating CBD hemp in Spain

The final text will have to regulate all aspects affecting activities in the non-psychoactive cannabis production cycle, as well as regional legislation on agriculture, developing more precisely the European guidelines for the cultivation of industrial hemp.

According to UP MP Lucía Muñoz quoted by Europa Press, The ban on this non-narcotic cannabis is equivalent to the ban on non-alcoholic beer and harms the competitiveness of Spanish agriculture.«

The text adopted by Congress launches work to define a clear framework.

It calls for «progress to be made in promoting the regulation of industrial hemp in order to give legal certainty to the production, marketing and consumption of products derived from it, while respecting the competences of the autonomous regions and the principle of subsidiarity in terms of protecting public safety, health and agriculture».

It also asks the Spanish Medicines and Healthcare Products Agency «to indicate the existing position and possible consequences of non-compliance with the CJEU ruling of November 19, 2020» - called in France Kanavape case - concerning exceptions on the hemp market, which allow all parts of the hemp plant to be marketed.

And from there, the agreed text calls for «establishing in a future regulation of industrial hemp the limitation of the percentage of THC that guarantees the absence of narcotic effects, as well as a higher yield of crops and their sustainability in line with the European Green Pact; which, if not done, would force us to operate in this market at a clear disadvantage compared to other countries around us».

It also calls for «clarification of the full competence of the competent agricultural authorities for hemp cultivation and, in particular, for the processing of declarations relating to the cultivation of hemp for industrial and horticultural purposes».

He adds that it won't just be a matter of of its industrial uses, This includes the production and trade of all parts of the hemp plant, including flowering tops without narcotic effects, for the marketing or extraction of its non-narcotic cannabinoids such as CBD.

Finally, it calls on the Spanish government to «harmonize the process of inspection, control and analysis of the cultivation of hemp-derived products by the competent authorities» and to «be attentive to the progress made at European level to diligently implement a legal framework on all hemp-derived foods, including those containing CBD and other cannabinoids that do not have narcotic effects, taking into account, where appropriate, the authorization process for novel foods« .