Yes, CBD products can be sold legally in Spain, but the rules depend on the product. As of October 2026, CBD is not on any Spanish list of controlled substances, and the 2025 royal decree on medical cannabis states that CBD is considered to have no psychotropic effect. Hemp may be grown from certified EU varieties with no more than 0.3% THC. CBD cosmetics fall under the EU Cosmetics Regulation, while CBD may not be sold as food or as a food supplement until the EU authorises it as a novel food. Formula Swiss CBD oils are notified as cosmetics in the EU, with THC under 0.2% or THC-free.
Key facts (as of October 2026)
- Is CBD a controlled substance?
- No. Spanish narcotics law (Ley 17/1967) follows the UN lists, and CBD is not named on them
- Hemp growing
- Certified seed of EU-catalogued varieties with no more than 0.3% THC (Royal Decree 1048/2022)
- CBD cosmetics
- Covered by the EU Cosmetics Regulation; products must be notified in the EU portal (CPNP)
- CBD in food
- Not allowed until the EU authorises CBD as a novel food (AESAN, February 2026)
- Medical cannabis
- Royal Decree 903/2025: standardised cannabis preparations, prescribed by hospital specialists
- Driving
- Any presence of drugs in the body: €1,000 fine and 6 points (Traffic Act, art. 14)
- Our oils
- Notified as cosmetics (CPNP), full spectrum under 0.2% THC or THC-free
What Spanish law says about CBD
Spain's narcotics law, Ley 17/1967, treats a substance as a narcotic (estupefaciente) when it appears in Lists I and II of the 1961 UN Single Convention on Narcotic Drugs. Cannabis, its resin and its extracts and tinctures are on those lists. CBD as a molecule is not. Article 9 of the same law exempts cannabis grown for industrial purposes, provided it lacks the active narcotic principle.
The clearest recent statement comes from Royal Decree 903/2025 on medical cannabis. It classifies THC as a psychotropic substance and says that CBD is considered to have no psychotropic effect. It defines CBD without placing it on any control list.
The EU Court of Justice reached the same conclusion in 2020. In the Kanavape case, it ruled that CBD with no psychoactive ingredient is not a drug within the meaning of the Single Convention, and that a member state may not ban CBD lawfully produced in another member state, even when it is extracted from the whole hemp plant, unless the ban is needed and proportionate to protect public health (case C-663/18).
Growing hemp in Spain
Spain applies the EU farm rules for hemp in Royal Decree 1048/2022. Farmers must sow certified seed of varieties listed in the EU Common Catalogue, with a THC content of no more than 0.3%, and keep the crop in the field until at least ten days after flowering so it can be inspected. The decree also requires either a contract with a processor or a cultivation authorisation from the Spanish Agency of Medicines (AEMPS).
The use of hemp flowers and tops is the least clear area of Spanish law. They are not covered by the farm rules, and Spain has not published a clear rule on selling them to consumers. Check the current position with the AEMPS before buying or selling hemp flowers.
Which rules apply to which CBD product?
| Product type | Main rules | What it means |
|---|---|---|
| Cosmetics (oils for the skin, balms, creams) | EU Cosmetics Regulation (EC) No 1223/2009 | Safety assessment, product information file and notification in the CPNP before sale |
| Food and food supplements | EU Novel Food Regulation (EU) 2015/2283 | Not allowed: CBD needs EU novel food authorisation before it can be sold as food |
| Medical cannabis preparations | Royal Decree 903/2025 | Prescribed by hospital specialists and dispensed by hospital pharmacies only |
| Cannabis with THC | Ley 17/1967 and Ley Orgánica 4/2015 | Controlled; using or possessing drugs in public is a serious administrative offence |
CBD cosmetics in Spain
Cosmetics in Spain follow the EU Cosmetics Regulation, which applies directly in every member state. A CBD cosmetic needs a safety assessment, a product information file and a notification in the EU's Cosmetic Products Notification Portal (CPNP) before it is placed on the market. The regulation bans substances listed in Tables I and II of the Single Convention (Annex II, entry 306), so the origin of the CBD matters. The EU ingredient database CosIng lists cannabidiol both as a synthetic ingredient and as an ingredient derived from cannabis extract. CosIng is a reference database, not law.
CBD as food or a food supplement
In February 2026, the Spanish Agency for Food Safety and Nutrition (AESAN) confirmed that CBD may not be sold as a food in the EU, including as a food supplement, until the European Commission authorises it as a novel food. In the same month, EFSA proposed a provisional safe intake for food supplements made with highly purified CBD (at least 98% pure), but that is not an authorisation. Read more in our article on CBD as a novel food in the EU.
Medical cannabis: Royal Decree 903/2025
On 7 October 2025, Spain approved Royal Decree 903/2025 on standardised cannabis preparations. It was published in the Official State Gazette (BOE) on 9 October 2025. Under the decree:
- the AEMPS keeps a register of standardised cannabis preparations, made only by laboratories in the EU that follow good manufacturing practice;
- only hospital specialist doctors may prescribe them, and only when authorised medicines have not worked or do not exist;
- only hospital pharmacy services may prepare and dispense them;
- preparations with 0.2% THC or more by weight are controlled as psychotropic substances.
The decree does not change the rules for CBD cosmetics.
Regional rules
Some Spanish regions add their own rules. Galicia's Law 6/2025 of 23 December, published in the BOE in February 2026, bars minors from shops that sell cannabis products, "including CBD", and bans linking cannabis use with health benefits. Check the rules of your own region as well as national law.
CBD and driving in Spain
Spain has a presence-based rule. Article 14 of the Traffic Act forbids driving with any drugs in the body. It is a very serious offence with a €1,000 fine and the loss of 6 points, whether or not the driver is impaired. Medicines taken on prescription are excluded if the driver can still drive safely. CBD itself is not what roadside saliva tests look for; they detect THC. Full-spectrum hemp products contain small amounts of THC, so read our guide to CBD, drug tests and driving.
From our production
We make our CBD oils ourselves in Küssnacht am Rigi, Switzerland, where they are formulated, bottled and labelled. Every oil is notified as a cosmetic in the EU's CPNP portal and has its own product information file. Our full-spectrum oils contain less than 0.2% THC, and our broad-spectrum oils are THC-free. Every production batch is tested, and the THC content is printed on each label to two decimal places.
Frequently asked questions
Is CBD oil legal in Spain?
CBD is not a controlled substance in Spain. A CBD oil must meet the rules for its product category: oils sold as cosmetics follow the EU Cosmetics Regulation, and CBD may not be sold as food or a food supplement in the EU.
What is the THC limit for hemp in Spain?
Hemp must be grown from certified EU varieties with no more than 0.3% THC. Under Royal Decree 903/2025, medical cannabis preparations with 0.2% THC or more are controlled as psychotropic substances.
Can I buy CBD oil as a food supplement in Spain?
No. In February 2026, AESAN confirmed that CBD may not be sold as a food, including as a food supplement, until the European Commission authorises it as a novel food.
Is medical cannabis legal in Spain?
Yes, within limits. Royal Decree 903/2025 allows standardised cannabis preparations prescribed by hospital specialists and dispensed by hospital pharmacies.
Can I drive after using CBD in Spain?
Spain fines any presence of drugs in the body when driving: €1,000 and 6 points. Tests look for THC, not CBD, but full-spectrum products contain small amounts of THC, so a THC-free product is the safer choice if you drive.
Can I order CBD oil from another EU country to Spain?
The EU Court of Justice ruled in 2020 that a member state may not ban CBD lawfully produced in another member state unless a risk to public health is sufficiently established. The product must still meet the rules for its category.
Related guides
This article is general information about the law as of October 2026. It is not legal advice, and laws and their interpretation can change. Check the current rules with the Spanish authorities before you buy, travel or sell. Formula Swiss CBD oils are sold as cosmetics for use on the skin. They are not food supplements or medicines and are not intended to diagnose, treat, cure or prevent any disease.
Last reviewed:
Sources
- Ley 17/1967, de 8 de abril, por la que se actualizan las normas vigentes sobre estupefacientes. BOE-A-1967-5592.
- Real Decreto 903/2025, de 7 de octubre, preparados estandarizados de cannabis. BOE-A-2025-20077, 9 October 2025.
- AEMPS. Preparados estandarizados de cannabis.
- Real Decreto 1048/2022 (CAP direct payments), art. 9. BOE-A-2022-23048.
- Regulation (EU) 2021/2115 on CAP Strategic Plans, art. 4(4). EUR-Lex.
- AESAN. Seguridad del cannabidiol, 12 February 2026.
- EFSA. Provisional safe level for cannabidiol as a novel food, 9 February 2026.
- Real Decreto Legislativo 6/2015, Ley sobre Tráfico, arts. 14, 77 and 80. BOE-A-2015-11722.
- Ley Orgánica 4/2015 de protección de la seguridad ciudadana, art. 36.16. BOE-A-2015-3442.
- Ley 6/2025, de 23 de diciembre (Galicia). BOE-A-2026-3386.
- Court of Justice of the European Union. Judgment in case C-663/18, B S and C A (Kanavape), 19 November 2020.
- Regulation (EC) No 1223/2009 on cosmetic products, Annex II entry 306. EUR-Lex.
- Formula Swiss. Registered, compliant and legal products.
