The January 25 mandate establishes the basis for harmonizing the Spanish regulatory framework with international scientific standards.
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Official Parliamentary Mandate
The PNL was approved with broad parliamentary consensus. It is not a mere suggestion: it is a mandate from the legislature to the executive that must be transposed into national regulations.
The 6 Points of the Mandate
The PNL requests the Spanish Government to urgently implement the following measures:
Full mandate approved:
- Adopt the 1% THC threshold in accordance with the European Pharmacopoeia and the ST/NAR/40 Manual of the ONU.
- Recognize competence of the MAPA (Ministry of Agriculture) for the management of industrial hemp.
- Guarantee the free circulation of legal hemp products in the EU single market.
- Not to control as narcotic drugs hemp extracts with less than 1% THC.
- Homologate the treatment in Spain with that of other leading European countries such as Switzerland or the Czech Republic.
- Protect the more than 10,000 direct and indirect jobs generated by the sector.
Fundamentals of the Mandate
The PNL is based on three pillars of scientific and legal evidence that support its proposals:
1. International Scientific Basis
International scientific evidence supports the need to raise the threshold to 1% to ensure the viability of the sector.
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- European Pharmacopoeia (Ph. Eur. 11.5): Officially classifies the chemotype CBD with a maximum of up to 1% THC
- Manual ST/NAR/40 ONU: Uses 1% as the technical reference threshold for forensic identification
- OMS (2018): Concluded that CBD is not addictive and recommended not to audit extracts with low levels of THC
2. Legal Doctrine of the TJUE
The Judgment Kanavape (C-663/18) is categorical: a Member State may not prohibit the marketing of CBD legally produced in another State, regardless of whether it comes from the flower or the stem.
3. Global Market Reality
More than 12 countries already apply the 1% THC standard, allowing their farmers to be more competitive and have access to better genetics than those allowed under the restrictive 0.2%.
Current Status: Pending Regulatory Development
Pending Regulatory Development
Almost two years after its approval, the regulatory development of the parliamentary mandate measures remains pending. The sector continues to operate in a context of regulatory uncertainty.
AECANI, as the representative of the sector, is actively working to:
- Facilitate dialogue with the Executive on the development of the Congressional mandate
- Document incidents arising from the interpretation of current thresholds
- Coordinate with parliamentary groups to promote the adoption of 1% THC
"The PNL 2023 constitutes the sector's official roadmap. AECANI works to facilitate the development of this parliamentary mandate for the benefit of Spanish competitiveness.
📚 Official References
- Congress of Deputies - Proposition No of Law 161/004241 (Session 25 January 2023)
- Official Gazette of the Cortes Generales - Publication of the committee agreement (Series D, No. 445)
- Ruling TJUE C-663/18 - Case Kanavape