These problems stem from legal uncertainty about cannabis products. The lack of information leads to interpretations that do not correspond to the legal framework. Within this context, products containing CBD are marketed as food supplements. However, it must be borne in mind that according to Spanish legislation, food supplements can only be vitamins or minerals, not plants.
In some states the plants are considered as food supplements and if the product is made in the European Union, the Spanish authorities can not oppose the commercialization of a food supplement made with medicinal plants in the EU. The Judgment of the Court of Justice of the European Union of March 5, 2009 in Case C-88/07 Sera Labs (Commission against the Kingdom of Spain) on the free movement of goods and products based on medicinal plants legally manufactured or marketed as food supplements or dietary products in other Member States was strong.
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