Industrial Hemp Cultivation

The cultivation of hemp intended for industrial production (such as fiber, grain and seed) is legal in Spain and requires no special authorization. However, there are regulations that must be followed. Industrial hemp cultivators must use certified seeds of registered varieties in the EUPVP or that have a Provisional Marketing Authorization according to Decision 2004/842. The Royal Decree 1729/1999, passed in 1999, authorized 25 cannabis strains which can be used in hemp cultivation for fiber production in Spain.

The area used for hemp cultivation multiplied 8 times from 61 hectares in 2016 to 510 hectares in 2020.

Production of Hemp Seeds

An individual or business that wishes to produce hemp seeds, must first be registered as a Producer of Seeds and Nursery Plants according to the Royal Decree 1891/2008 and classified in the group of textile species.

As a producer of hemp seeds, the individual or business must:

• Have good knowledge of hemp seed production.
• Ensure that seed production complies with the Technical Regulation for Control and Certification of Seeds of Textile Plants as approved by Order ARM/3372/2010.
• Not carry out any vegetative multiplication of hemp plants as this operation is not permitted.

In addition, hemp cultivation farms must comply with the general regulations for agricultural farms and must be registered in the General Registry of Agricultural Production. Spain’s Ministry of Agriculture, Fisheries and Food (MAPA) also recommends that documentation of seeds used is kept for at least three years. It is also recommended that the authorities of the autonomous community or city council of the municipality where the hemp cultivation is planned to take place are contacted to confirm if any authorization is required and that police or drug control authorities are also informed of the hemp cultivation activity.

Hemp Cultivation for CBD

A license from the AEMPS (Spain’s medicines regulatory authority) is required to grow hemp for purposes other than industrial hemp production. Therefore, a license from the AEMPA is required to produce hemp for the purpose of extracting CBD, regardless its THC percentage. Requirements for obtaining an authorization for cultivation of hemp for CBD extraction can be found on the AEMPS official website.

Hemp CBD Cosmetics

Currently, the use of hemp-derived CBD in cosmetic products is not allowed in Spain and for this reason, cosmetic products containing hemp-derived CBD cannot be registered at a national level. However, companies wishing to produce and sell hemp-derived CBD cosmetic products can become registered on the European Union’s Cosmetic Products Notification Portal (CPNP) and sell these products in Spain.

Hemp CBD Foods

Foods that contain only grains of hemp such as oil, hemp protein and hemp flour do not need any authorization (provided they have less than 0.2% THC content) as they have a history of safe and significant consumption.

As in the rest of the European Union, foods containing hemp-derived CBD are classed as novel foods in Spain. In order to be able to sell hemp-derived CBD foods on the market, a novel foods authorization from the European Commission is required.

The European Food Safety Authority (EFSA) has published guidelines on how to submit applications for novel foods.

Here are the main steps:

1. Submit an online application to the European Commission.
2. Once the application is received by the Commission, its validity is verified. The status of the application is updated in the e-submission system so the applicant can monitor the progress of their application.
3. The EFSA will perform a scientific assessment on the risk and safety of CBD.

All the information required to be provided in the application for a novel food and the format in which it should be provided can be found in the administrative guidelines linked above.

However, as of October 2024, no CBD Novel Foods have been approved by the EU and in 2022, the EFSA put the process on hold.

Cannabis business plan templates can be found at cannabusinessplans.com.

Spain Cannabis Market