THC (tetrahydrocannabinol) and CBD (cannabidiol) are the two best-known cannabinoids in the cannabis plant. The big difference is that THC is psychoactive and CBD is not: THC produces the “high” and is controlled as a narcotic, while CBD does not alter perception and is not on the lists of narcotic substances. Even so, the fact that CBD is not a narcotic does not mean that any CBD product can be sold freely in Spain. We explain why.
Quick summary
What is THC? THC stands for tetrahydrocannabinol. It is the main psychoactive component of cannabis: it produces the “high” and is controlled as a narcotic.
What is CBD? CBD stands for cannabidiol. It is a non-psychoactive cannabinoid, abundant in hemp, that is not on the lists of narcotic substances.
Main difference: THC alters perception and possessing or using it in public is penalised; CBD does not get you high, although there are limits on how it can be sold depending on the product.
THC vs CBD: the differences in a table
| THC | CBD | |
|---|---|---|
| Name | Tetrahydrocannabinol (delta-9-THC) | Cannabidiol |
| Psychoactive effect | Yes, it alters perception and mood | No psychoactive effect |
| Where it is found | Cannabis or marijuana strains | Hemp varieties with a low THC content |
| Legal status | Controlled narcotic | Not controlled, but whether it can be sold depends on the type of product |
| Roadside drug test | Tests positive | Pure CBD does not, but some products contain traces of THC |
| Medical use | Authorised medicines and medical cannabis | Medicine authorised for some severe forms of childhood epilepsy |
What is THC?
THC is the main psychoactive component of cannabis. It acts on the body’s endocannabinoid system, especially the CB1 receptors in the nervous system, and is responsible for the euphoria, relaxation, altered perception and increased appetite associated with smoking weed.
From a legal point of view, cannabis and cannabis resin are included in the 1961 Single Convention on Narcotic Drugs, and THC is controlled as a psychotropic substance. That is why possessing it, using it in public places or trafficking it has administrative or criminal consequences in Spain.
What is CBD?
CBD or cannabidiol is another cannabinoid in the plant, found mainly in industrial hemp. It has no psychoactive effect, and in 2017 the World Health Organization concluded that pure CBD has no potential for abuse or dependence. It is used in cosmetics, oils and wellness products, and there is a CBD-based medicine authorised in Europe to treat some severe forms of childhood epilepsy.
Main differences between THC and CBD
- Effect: THC alters perception; CBD does not.
- Origin: THC predominates in marijuana strains; CBD in industrial hemp, which in the European Union must have a THC content below 0.3% to qualify for agricultural aid.
- Legality: THC is a narcotic; CBD is not, but each type of product (cosmetic, food, flower) has its own rules.
- Risk at a traffic check: roadside drug tests look for THC, not CBD. The problem is CBD products that contain traces of THC.
Is CBD legal in Spain?
It depends on the product:
- CBD cosmetics: they can be sold if they comply with EU cosmetics regulations, with CBD from a permitted source and correct labelling.
- CBD food and supplements: in the European Union CBD is considered a novel food and needs authorisation before it can be sold as food.
- Hemp flowers: this is the most sensitive area of the sector. We explain it in our analysis of the Spanish Supreme Court ruling on CBD.
If you want to open a business, see our guide to opening a CBD shop or our service for CBD business lawyers.
Can CBD make you fail a drug test?
Pure CBD should not give a positive result, because saliva tests detect THC. But many CBD oils and products contain small amounts of THC, which in some cases is enough to give a positive result. If this has happened to you, read our guide on drug test fines and how to appeal them.
Frequently asked questions about THC and CBD
Which is better, CBD or THC?
They are not comparable: they have different effects and uses. CBD is not psychoactive and is legal in certain products; THC is psychoactive and controlled.
Does CBD get you high?
No. CBD does not produce the psychoactive effect typical of THC.
Can I carry CBD in the street in Spain?
A CBD product that complies with the rules is not a narcotic. Flowers or products containing THC are different: possessing them in public places can be punished with a fine. We explain it in our guide on the fine for use or possession in public places.
Do you have legal questions about CBD or THC?
At S&F Abogados we advise consumers and businesses in the CBD and hemp sector throughout Spain. Send us an online enquiry or call us on +34 919 532 802.
