Herbs for Smoking with CBD
Industrial hemp flower as a safe adult consumer product, regulated under the "herbal smoking products" (TPD) framework.
The "Third Way"
No drug
No tobacco
No narcotic
✓ A safe adult consumer product
Regulated as "herbal smoking product" under TPD framework
Legal Framework: TPD Directive
RD 579/2017: Complete Analysis of the Legal Framework
We have published a detailed analysis of Royal Decree 579/2017 which transposes the TPD in Spain and explains why it is the natural legal framework for hemp flower.
Read analysis of RD 579/2017 →Directive 2014/40/EU (TPD)
The Tobacco Products Directive explicitly recognizes the category of "herbal smoking products" and applies a control and labeling regime to them, but does NOT equate them with tobacco or prohibit them.
- Category differentiated from traditional tobacco
- Sanitary control and labeling regime
- Not subject to tobacco excise tax
- Free sale (without exclusive channeling through tobacconists)
RD 579/2017 in Spain
This Royal Decree transposes the TPD Directive in Spain and is the "natural legal gateway" to integrate hemp flower as a smoking herb with sanitary control, traceability and labeling.
Regulates the manufacture, presentation and marketing of tobacco products, related products and herbal smoking products.
2008 Consensus Document
Interpretative agreement between Health and other stakeholders on how to apply the Anti-Smoking Law (28/2005):
"Herbs for smoking are considered over-the-counter products, not subject to exclusive distribution through tobacconists."
This document is key: if hemp flower falls into the category of "smoking herbs", it should not lose its over-the-counter status.
The Reality of the Sector in Spain
~2.000
Points of sale
100M€
Annual turnover
VAT
Active taxation
The Current Problem
The sector operates under a situation of "administrative tolerance". The companies are taxed at a reduced VAT rate as an ornamental product, but the reality is that they sell hemp flowers that are clearly intended to be smoked/inhaled.
- ✗Ministry of Health refuses to register flower as "smoking herb"
- ✗Companies obliged to market as "ornamental product"
- ✗Legal uncertainty for producers and traders
Our Proposal
Regulation of hemp flower as a "Herbal smoking product" under a model that guarantees:
Multichannel Model
Specialized stores + verified online + tobacco shops
Total Traceability
GESTABRE system for control of the entire chain
Assimilated Taxation
Fair and proportional tax contribution
Sanitary Control
Mandatory labeling and quality controls
do you know the risks for the sector?
The reform of the anti-smoking law and other legislative projects threaten to close specialty stores.