Spanish court validates sale of CBD flowers

Just like in France, many Spanish stores sell flowers cannabis with a low THC content. A recent court ruling, as reported by ElDiario, from the Valencian Community, challenges the opinion of the Spanish Anti-Drug Prosecutor's Office and the Spanish Medicines Agency.

In a statement on this issue, the Special Anti-Drug Prosecutor’s Office cited the 1961 United Nations Single Convention, which classifies cannabis flowers—regardless of their THC content—as a narcotic. Only crops authorized by the Spanish Agency for Medicines and Health Products (AEMPS) and the resulting flowers would thus be permitted for over-the-counter sale in Spain.

A decision on the sale of CBD flowers

The owner of a store specializing in the sale of CBD products faced up to four years in prison after CBD flowers he was selling in his store were seized. In the summer of 2018, the Civil Guard inspected his retail space and seized CBD products, including CBD flowers and hashish.

The defendant stated that all the CBD products and flowers had their respective purchase receipts from the companies and that none of them exceeded the legal THC limit, which he therefore considered them to be legal. The Valencian law firm representing the defendant demonstrated, with invoices to support their claim, that the purchase of the products in question was legal.

In explaining its final decision, the Court of Justice stated that it had followed in the footsteps of the’Kanavape ruling issued by the Court of Justice of the European Union last November and opposes the ban on trade in products legally manufactured by a Member State of the European Union «when they are extracted from the Cannabis Sativa plant in its entirety and not merely from its fibers and seeds.».

This new Spanish court ruling on CBD offers a glimpse into the direction that future judicial decisions might take regarding such seizures in Spanish and European specialty stores.