In the absence of an agreement for the immediate regulation of light cannabis in Spain, the Spanish Workers’ Party (PSOE) has managed to get an initiative approved in Congress which opens the door to future regulation of cannabis at less than 1% THC.
Although the initial objective has been considerably reduced, the initiative will allow the development of a clear framework for the “production, marketing and consumption of products” derived from the whole hemp plant in Spain.
Finally regulate CBD hemp in Spain
The final text will have to regulate all the aspects that affect the activities of the production cycle of non-psychoactive cannabis, as well as the regional legislation on agriculture, developing in a more precise way the European directives for the cultivation of industrial hemp.
According to Lucía Muñoz, deputy of the UP quoted by Europa Press, “the prohibition of this non-narcotic cannabis is equivalent to the prohibition of non-alcoholic beer and harms the competitiveness of Spanish agriculture. »
The text adopted by the Congress launches work to define a clear framework.
It thus calls for “progress in promoting the regulation of industrial hemp in order to provide 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 the protection of public safety, health and agriculture”.
It also asks the Spanish Agency for Medicines and Health Products “to indicate the existing position and the possible consequences of non-compliance with the judgment of the CJEU of November 19, 2020” – called in France the Kanavape case – concerning exceptions in the hemp market, which allow the marketing of all parts of hemp.
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 crop yield and their sustainability in accordance with the European Green Deal; which, if this were not done, would force us to operate in this market at a distinct disadvantage compared to other countries around us”.
It also asks to “clarify the full competence of the authorities competent in agriculture for the cultivation of hemp and, in particular, for the processing of declarations relating to the cultivation of hemp for industrial and horticultural purposes”.
He adds that it will not only be about its industrial uses, “but also the production and trade of all parts of the hemp plant, including the flowering tops without narcotic effects, for commercialization or for the extraction of its non-narcotic cannabinoids such as CBD”.
Finally, it invites the Spanish government to “harmonise the process of inspection, control and analysis of the cultivation of products derived from hemp by the competent authorities” and to “be attentive to the progress made at European level to implement diligently a legal framework on all foods derived from hemp, including those containing CBD and other cannabinoids that do not have narcotic effects, taking into account, where appropriate, authorization processes for new food” .
