Hemp is enjoying an unprecedented renaissance. Driven by the green transition and the search for sustainable raw materials, agriculture and the processing industry have turned their attention back to this ancient plant. However, despite its enormous agronomic and economic potential, projects based on non-psychoactive cannabis varieties face a bureaucratic and legal maze that can paralyse entire investments if not managed precisely.
At S&F Abogados, we specialise in clearing this regulatory path. We understand that the success of a hemp project depends not only on the quality of the land or the business plan, but on strict regulatory compliance that protects the activity against possible inspections. We act as the strategic legal department for farmers, cooperatives, processing companies and distributors, ensuring that every stage of the value chain is carried out with complete legal certainty.
Advice on growing and processing industrial hemp
The starting point for the whole industry is the field. However, legal hemp cultivation in Spain is closely monitored by the authorities, mainly because of its morphological similarity to THC-rich cannabis varieties grown for drug trafficking. A mistake in the administrative procedure or in the choice of seed can lead to the intervention of SEPRONA (the Guardia Civil’s Nature Protection Service), seizure of the harvest and the opening of criminal proceedings.
To avoid these disastrous scenarios, at S&F Abogados we provide comprehensive advice from before sowing. Spanish and European agricultural hemp regulations impose unavoidable requirements. First, it is mandatory to use only certified seeds listed in the EU Common Catalogue of Varieties of Agricultural Plant Species. These varieties guarantee a THC level below the legal limit (currently set at 0.3% under the Common Agricultural Policy).
Our legal team assists producers in obtaining and processing industrial hemp permits and in the mandatory declarations to regional agriculture departments and local State Security Forces commands. We meticulously document traceability: from the seed purchase invoice and the official labels to the farm register.
An especially controversial area, where our involvement is vital, is cultivation for the extraction of CBD hemp. While case law and regulations fully protect cultivation for fibre and grain (seed), using the flowering tops (the flower) to extract cannabidiol or for direct sale is in a highly restrictive grey area in Spain. The Spanish Agency of Medicines and Medical Devices (AEMPS) maintains that obtaining flowers, regardless of their low THC, requires prior authorisation. We design the legal strategy so that farmers can operate within the current legal framework, defending their interests against restrictive interpretations of industrial use of cannabis and protecting their harvests of hemp derivatives against unjustified preventive seizures.
Modern hemp farming requires legal professionalisation. We support you from soil preparation to processing and the first transformation of the plant (separating stalks, leaves and seeds), ensuring that contracts with extraction or processing companies include the necessary safeguard clauses.
Legal framework for producing and selling hemp-derived products
Once the harvest has been legally processed, the next big challenge is bringing it to the consumer or industrial market. The plant’s versatility is astonishing, but the hemp regulations that apply to each final product are completely different depending on its use. An eco-brick is not subject to the same controls as a food oil.
At S&F Abogados, we structure the legal framework for placing legal hemp products on the market, covering many industrial sectors:
- Textile and paper sector: Selling hemp fibre is the most traditional application and, legally speaking, the least contentious. We advise on international supply contracts and compliance with EU textile labelling rules, ensuring that industrial quality standards are met.
- Sustainable construction sector: Building with hemp (known as hempcrete , or bio-construction with a mix of hemp hurd and lime) is revolutionising eco-architecture thanks to its thermal and acoustic properties. Our firm assists manufacturers and builders with the approval of these materials, ensuring they comply with Spain’s Technical Building Code (CTE) and European certifications for strength and fire safety.
- Food sector: It is essential to distinguish between the parts of the plant. Hemp seeds and the cold-pressed oil made from them are considered traditional foods and can be sold completely freely and legally because of their high nutritional value. However, if the product contains CBD extracts, the strict EU Novel Foods regulation comes into play. We advise the agri-food industry to avoid products being withdrawn by health authorities, auditing ingredients and packaging.
- New materials sector: Innovation has led to the development of hemp bioplastics, a biodegradable alternative to oil-based polymers. To market them, we guide start-ups and chemical companies in obtaining the relevant ISO certificates and industrial patents and in complying with industrial hemp regulation on environmental matters.
Commercial success depends on transparency and traceability. At S&F Abogados we rigorously audit the labels, technical data sheets and marketing campaigns of your products. We check that no claims are made that could be considered misleading or that attribute unauthorised therapeutic properties to industrial or food products.
Investing in hemp is betting on the future. With our legal backing, your project will be ready to lead the market with complete security, turning regulatory complexity into your main barrier to entry against the competition.
Do you need legal advice?
At S&F Abogados we specialise in cannabis law. Find out about our service for CBD and hemp businesses, send us an online enquiry or call us on +34 919 532 802.
