CBD Smoking Fine: Can You Smoke CBD in Public? We Tell You What the Law Says

The law regarding CBD is very confusing. You've read a lot of articles on the subject, but you still have the same questions:

• Can I be fined for smoking CBD in public?

• What if I'm carrying it but not consuming it?

• Is the law the same for CBD and THC?

• How much is the fine?

Don't worry, because we're going to answer all these questions in this post. Here, we'll tell you, in a simple and clear way, what the current legislation regarding CBD consumption is.

And we've also compiled several real cases, so you can see how the law is being applied.

Let's get started!

➡️ Can I get a fine for smoking CBD? Analysis of all possible scenarios

First of all, it must be clarified that the purchase of CBD cannabis is totally legal (as long as it does not contain more than the legal limit of 0.2% THC).

But does that mean its consumption is also legal? Short answer: no, but with exceptions.

There are 3 possible situations in which authorities may find you smoking CBD in public:

• CBD in bud form.
• CBD in hash.
• Vaping (CBD e-liquid).

And although it may surprise you, not all of them are considered a crime.

✅ 1. Smoking CBD cannabis buds

You have bought CBD buds to smoke them and you have also done so in public, because since their purchase is legal, you thought their consumption was too.

But unfortunately, that is not the case. The consumption of CBD flowers or resins in public can be penalized by law. Specifically, the Organic Law on Citizen Security Protection (yes, the famous "Gag Law") classifies the possession or consumption of narcotics as a serious offense.

This means you can be sanctioned with a fine of between €601 and €30,000, depending on the amount of CBD flowers you have on you.

And yes: carrying this product on the street is also considered illegal, as long as it is not in a sealed food container (CBD in Spain is only indicated for technical and collection use).

All of this despite the fact that, in practice, CBD is not a narcotic. We'll explain this in more detail later, but first, let's look at the other two cases.

✅ 2. Smoking CBD hash

CBD hash is obtained by extracting the resin from CBD buds and pressing it, forming a dense paste. And logically, if smoking CBD buds was illegal, the same applies to its resin.

Both the consumption and possession of CBD hash in public are punishable by law, with the risk of incurring the same fine as before.

✅ 3. Vaping CBD

Unlike what happened with CBD in buds or hash, vaping CBD oil is totally legal. Even if you do it on the street.

Why? Because no combustion occurs in the vape, and therefore, you are not "smoking" CBD oil (which is what the law prohibits). It's that simple.

➡️ Is CBD a narcotic substance?

According to Spanish law, yes. But according to science, no.

Unlike THC, CBD has no psychotropic effects. And beware, because this has even been endorsed by the Court of Justice of the European Union in a ruling.

Even the World Health Organization already ratified many years ago that CBD has no risk of being harmful or addictive.

In fact, cannabidiol is also not considered dangerous in countries like Germany or Switzerland, where its consumption is legal.

✅ But if it's not a narcotic, why isn't it allowed to smoke it?

Because its use as a food product has not yet been approved in Spain.

Specifically, the Spanish Agency for Food Safety and Nutrition (AECOSAN) considers that there is not enough evidence regarding CBD to approve its consumption (despite the many studies that endorse its therapeutic properties).

In other words: it is a measure taken out of caution in the face of a relatively new substance.

In fact, in 2018 (when CBD began to be commercialized), its consumption was legal. But in 2019, AECOSAN proposed changing the law and making it more restrictive. That is why it is possible that over time, as more studies come out, CBD will end up being endorsed as a safe substance and with many benefits.

➡️ What can happen if you are found with CBD in public: real cases

As we mentioned, the law stipulates that carrying or smoking CBD can result in a fine of between €601 and €30,000. But are these types of sanctions very frequent? In practice, it seems not.

There are many cases in which the police have found a person with CBD in public, and despite this, they have not suffered any sanction.

For example:

• In 2022, a judge overturned the sanction of a person whom the police had found with 0.55 grams of hashish in their car.
• In March 2023, the owner of a hemp store accused of drug trafficking for importing 6.4 kilos of CBD buds was acquitted, as it was considered that it had not been proven to be THC (that is, that it does not get you high).
• Another man was acquitted in Madrid in 2022 after the police found him with more than 200 grams of CBD buds, given that their THC level was below the legal limit. The accused claimed he consumed it for therapeutic purposes to control his anxiety.

So according to jurisprudence, it is possible that you will not suffer any sanction. But be careful, this is in the case of CBD possession.

If you are found smoking CBD products, you could be fined, given that CBD buds are only indicated for technical and collection use.

➡️ So, how can I buy CBD products without risk of getting a fine?

As we told you, buying buds, hash or CBD oil is totally legal. But if the police find you with it on the street, you could have some problems.

That's why the easiest way is to buy it online. Make sure the store where you buy it:

• Is authorized to sell CBD products (always for technical and collection use; or topical use in the case of cannabidiol oil).
• Includes a laboratory certificate specifying that the product you are buying has less than 0.2% THC (the legal limit).
• Sends your order in a discreet package, so no one knows what's inside. ;)

SOURCES AND REFERENCES USED

News about the EU Court's ruling recognizing that CBD is not a narcotic: https://www.lavanguardia.com/vida/20201119/49543823903/tribunal-ue-avala-la-venta-del-cannabidiol-que-no-ve-como-un-estupefaciente.html

WHO publication stating that it is not a dangerous or addictive substance: https://www.who.int/es/news-room/questions-and-answers/item/cannabidiol-(compound-of-cannabis)

Study on the differences between THC and CBD: https://pubmed.ncbi.nlm.nih.gov/36638804/