What is the legal THC limit in Spain? Current regulations

Are you trying to understand what the legal THC limit is in Spain and how regulations affect hemp and CBD-related products?

The answer requires an important clarification: 0.3% THC does not constitute a universal limit that by itself determines the legality of any hemp-derived product in Spain.

This percentage appears mainly in agricultural regulations applicable to certain hemp varieties and crops. To assess the legal status of a specific product, factors such as the part of the plant used, the purpose of the product, its presentation, its composition and the specific regulations governing the category under which it is marketed must also be taken into account.

In this article, we review the regulations currently in force in Spain, the competent authorities and the main criteria for interpreting THC percentages, also paying attention to the regulations applicable in the Community of Madrid.

Legal context of THC in Spain

To properly understand how THC is regulated in Spain, it is important to distinguish between the rules relating to hemp cultivation and those governing different finished products.

There is no single rule that determines the legality of any product solely on the basis of its THC percentage.

Main applicable legislation

One of the main points of reference is Regulation (EU) 2021/2115, applicable in Spain as a Member State of the European Union.

This regulation establishes, within the Common Agricultural Policy, that areas used for hemp production may only be considered eligible hectares when the varieties cultivated have a THC content that does not exceed 0.3%.

This regime began to apply on 1 January 2023.

Therefore, the well-known 0.3% THC figure has a specific agricultural context and should not automatically be interpreted as a general limit applicable to any cannabis-derived product.

In Spain, national regulations governing areas such as narcotic drugs, medicines, food, cosmetics and other product categories must also be taken into account.

It is therefore essential to distinguish between the agricultural threshold applicable to hemp and the legal conditions applicable to a finished product.

Does 0.3% automatically make a CBD product legal?

No.

The fact that a product has a THC content of 0.3% or less does not automatically mean that it can be marketed in Spain in any form or for any purpose.

The legal status depends on several factors.

These include:

• The nature of the product.
• The part of the plant used.
• Its composition.
• The declared purpose.
• The way in which it is presented and marketed.
• The specific regulations applicable to its category.

Therefore, the THC percentage must be interpreted within the relevant regulatory context and never as a general marketing authorisation.

Authorities involved in the regulation of hemp and CBD in Spain

The regulation of hemp and CBD in Spain involves different public authorities, each with specific powers depending on the type of product and its intended purpose.

Ministry of Agriculture, Fisheries and Food

The Ministry of Agriculture, Fisheries and Food (MAPA) is involved in matters relating to hemp cultivation, seeds, plant varieties and agricultural production.

Among other matters, it provides information on the conditions applicable to industrial hemp cultivation and on the varieties permitted within the relevant agricultural framework.

It is in this area that the 0.3% THC reference becomes particularly relevant.

Spanish Agency for Medicines and Medical Devices

The Spanish Agency for Medicines and Medical Devices (AEMPS) performs functions relating to medicines, controlled substances and certain regulated uses of cannabis.

In Spain, Royal Decree 903/2025, of 7 October, is in force, establishing the conditions for the preparation and dispensing of standardised compounded formulations of cannabis preparations.

This regulation belongs specifically to the pharmaceutical field and establishes specific conditions for prescription, preparation, dispensing and control.

It therefore does not mean that all products containing CBD or cannabinoids are authorised by the AEMPS.

The applicable regulations depend on the specific nature and purpose of each product.

Spanish Agency for Food Safety and Nutrition

When products are presented as food or food supplements, the Spanish Agency for Food Safety and Nutrition (AESAN) is particularly relevant.

In this area, CBD is subject to European novel food regulations.

Therefore, the fact that a product contains less than 0.3% THC does not in itself mean that it can be legally marketed in Spain as food or a food supplement.

The category and intended purpose of the product are decisive.

So what is the THC limit in Spain?

The 0.3% THC figure is one of the most commonly cited figures when discussing hemp in Spain, but its application depends on the context.

It should not be interpreted as an identical limit for all products or uses.

0.3% in hemp cultivation

In the agricultural field, 0.3% THC is a key reference for certain varieties and areas intended for hemp production.

Regulation (EU) 2021/2115 establishes this percentage within the eligibility conditions for hemp areas under the Common Agricultural Policy.

Therefore, when discussing 0.3% as applied to hemp, it is important to specify that this is a reference linked to the corresponding agricultural regime.

CBD flowers

It is not legally correct to simply state that “CBD flowers are legal if they contain less than 0.3% THC”.

The percentage used within the agricultural regime should not be confused with automatic authorisation to market flowers as a finished product.

The legal status must be analysed taking into account the nature of the product, the part of the plant, its composition, the declared purpose and the rest of the regulations applicable in Spain.

You can view our collection of CBD flowers to learn about their different characteristics and presentations.

CBD hash and resins

The same applies to CBD hash and other resin-based products.

There is no general rule allowing it to be stated that any resin containing less than 0.3% THC is automatically legal in Spain.

Consideration must be given to its composition, nature, origin, presentation, purpose and its classification within the applicable regulations.

At Iberohemp, you can view the different presentations in our CBD hash collection.

Oils and CBD products

Oils require an additional distinction.

When a product is presented as food or a food supplement, it is subject to the corresponding food legislation.

In the case of CBD, its status under European novel food regulations, which also apply in Spain, must be taken into account.

For this reason, a certificate showing less than 0.3% THC does not by itself determine that an oil can be legally marketed as food.

The purpose, composition and category under which the product is presented are decisive.

How to interpret a THC certificate of analysis

Certificates of analysis or COAs provide information about the composition of a sample and are commonly used to review the cannabinoid profile of a batch.

However, they must be interpreted correctly and always within the relevant legal framework.

They may typically include information on different cannabinoids and specify the units in which the results are expressed, such as percentage, mg/g or other measurements.

To interpret them correctly, it is important to check:

• Identification of the laboratory.
• Number or reference of the analysed sample.
• Product batch.
• Date of analysis.
• Cannabinoids included in the test.
• Units used.
• Analytical method.
• Limit of detection and quantification where indicated.

A COA can be useful for determining the composition of a sample, but it does not in itself constitute certification of the product's legality.

Legal compliance also depends on the regulations applicable to its category, composition, presentation and purpose.

0.3% THC within the regulations applicable in Spain

One of the main causes of confusion is interpreting 0.3% THC as a general rule of legality.

In reality, this percentage must be understood within the specific context in which it appears.

Since 1 January 2023, Regulation (EU) 2021/2115 has used 0.3% THC within the conditions established for certain areas intended for hemp production under the Common Agricultural Policy.

This means that the former European reference of 0.2% is no longer the figure that should be used to explain this agricultural regime today.

However, different cannabis-derived products may be subject in Spain to other regulations depending on their nature, composition, purpose and presentation.

Therefore, it is not appropriate to use the THC percentage alone to determine whether a specific product can be legally marketed.

Legal implications relating to THC in Spain

Exceeding certain THC values or marketing a product outside the relevant regulatory framework may result in different legal consequences depending on each situation.

There is no single answer based solely on a percentage.

There is no automatic penalty for exceeding 0.3%

It is important to avoid automatically associating any result above 0.3% with a specific fine.

There is no single general penalty applicable to any product simply because it exceeds 0.3% THC.

The consequences depend on circumstances such as:

• The type of activity.
• The nature of the material or product.
• Its composition.
• Its purpose.
• The applicable regulations.
• The specific circumstances of the case.

In the agricultural field, for example, the THC percentage may have consequences relating to the eligibility of certain areas under the corresponding regime.

Different regulations may apply in other areas.

Possible criminal consequences

Article 368 of the Spanish Criminal Code covers certain conduct relating to the cultivation, production or trafficking of toxic drugs, narcotics or psychotropic substances when such conduct promotes, encourages or facilitates their illegal consumption.

Therefore, a criminal-law assessment cannot be reduced solely to checking whether a certificate shows a percentage above or below 0.3%.

The nature of the product and the specific circumstances of each case must be assessed.

Regulations applicable in the Community of Madrid

In addition to the national framework and European Union rules applicable in Spain, the Community of Madrid has regional legislation concerning drug dependence and other addictive disorders.

One of the main references is Law 5/2002, of 27 June, on Drug Dependence and Other Addictive Disorders of the Community of Madrid.

This law establishes the regional framework relating to prevention, care, social integration, inspection and control in matters concerning drug dependence and other addictive disorders.

Its text can be consulted in the Official State Gazette.

It is important to distinguish between legislation currently in force and proposals or draft legislative amendments.

The existence of initiatives aimed at amending Madrid's regulations on cannabinoids or strengthening certain measures for the protection of minors does not mean that these proposals automatically form part of the legislation currently in force.

Therefore, when analysing a hemp- or CBD-related product in Madrid, both the applicable national regulations and the regional regulations in force at any given time must be checked, avoiding attributing legal effects to measures that are still being processed.

How to check a product's regulatory compliance in Spain

Verifying regulatory compliance requires analysing more than just the THC percentage.

Documentation, product category, presentation and traceability are some of the aspects that should be reviewed together.

Review analytical documentation

The certificate of analysis makes it possible to check the declared composition of a particular sample.

It is advisable that the information in the document can be clearly linked to the corresponding product batch.

Check the product category and purpose

The THC percentage is only one part of the regulatory assessment.

It is also necessary to determine how the product is presented and which regulations apply to that category.

An agricultural, cosmetic or pharmaceutical product, or a product presented as food, may be subject to different legal frameworks.

Maintain clear traceability

For distributors and operators in the sector, it is important to properly retain documentation relating to:

• Supplier and origin.
• Batch number.
• Available analyses.
• Product characteristics.
• Commercial documentation.
• Purpose and presentation.

This documentation facilitates the identification of each batch and makes it possible to maintain verifiable information on marketed products.

Frequently asked questions about the legal THC limit in Spain

The regulations can cause confusion because 0.3% is often used outside its legal context.

These frequently asked questions help clarify some of the issues that cause the greatest confusion.

Is every product containing less than 0.3% THC legal in Spain?

No. 0.3% does not function as a universal authorisation for any product.

The product category, its composition, purpose, the part of the plant used and the relevant regulations must be analysed.

Does 0.3% apply to hemp cultivation?

0.3% is a relevant reference within the agricultural regime applicable to certain hemp varieties and areas, particularly within the framework established by Regulation (EU) 2021/2115.

This does not mean that it functions as a general limit for any cannabis-derived product.

Does a COA prove that a product is legal?

Not necessarily.

A COA shows the analytical results obtained from a sample, but determining the legal status of a product also requires checking the regulations applicable to its nature, composition, presentation and purpose.

Can CBD be marketed as food in Spain?

The presence of less than 0.3% THC does not constitute authorisation to market CBD as food.

When CBD is presented for food purposes, novel food regulations and the criteria of the competent authorities in Spain must be taken into account.

Are there specific regulations in Madrid?

Yes. The Community of Madrid has, among other regulations, Law 5/2002 on Drug Dependence and Other Addictive Disorders.

However, a distinction must always be made between legislation currently in force and reforms or proposals that are still being processed.

Where can official information be found?

To check the regulations currently in force, it is advisable to consult official sources directly, such as:

• Official State Gazette (BOE).
• Official Gazette of the Community of Madrid (BOCM).
• EUR-Lex, for European Union regulations applicable in Spain.
• Ministry of Agriculture, Fisheries and Food (MAPA).
• Spanish Agency for Medicines and Medical Devices (AEMPS).
• Spanish Agency for Food Safety and Nutrition (AESAN).
• Community of Madrid, for regional regulations and information.

Legal THC limit in Spain: conclusions

Discussing the legal THC limit in Spain requires distinguishing between the agricultural regime applicable to hemp and the rules affecting different derived products.

The percentage alone does not determine the legal status of a product.

0.3% THC is a relevant reference within the agricultural regime applicable to certain hemp varieties and areas, but it is not a universal limit that automatically makes any flower, resin, oil or other cannabis-derived product legal.

To determine the applicable regime, it is necessary to assess the specific product, its composition, the part of the plant used, its purpose, its presentation and the specific applicable regulations.

In the Community of Madrid, the regional regulations currently in force must also be taken into account, including Law 5/2002 on Drug Dependence and Other Addictive Disorders, in addition to the applicable national legislation.

Analytical documentation, traceability and consultation of official sources are essential elements for obtaining up-to-date information on each product.