Spain's Supreme Court Treats 0.3–0.7% THC Hemp Flowers as Narcotics

The criminal chamber of Spain's Supreme Court has classified low-THC hemp flowers as narcotics. Its ruling STS 301/2026, dated April 23, 2026 and reported in May, reversed a Barcelona court that had found the products non-psychoactive and outside article 368 of the Penal Code.

For buyers, the practical effect is on the shelf: flowers and pre-rolls sold as "CBD cogollos" are now the product category most exposed to seizure and prosecution of the seller.

Ruling

STS 301/2026, Supreme Court, Second (criminal) Chamber

Date

April 23, 2026

Products

Hemp flowers, cigarettes and small bags

THC / CBD

0.3–0.7% THC, 6–13% CBD

Lower court

Barcelona Provincial Court acquittal, overturned

What the court decided

According to El Salto, which obtained the ruling, the court set aside the UN laboratory protocol that the defense relied on and applied criteria from Spain's National Institute of Toxicology and Forensic Sciences. Soft Secrets' legal analysis describes the key test as the amount of THC in each consumer-ready unit, with about 10 mg treated as relevant, rather than the percentage.

Why it matters for CBD shops and customers

Spain regulates cannabis by plant part. Spain's forensic institute (INTCF) takes the position that cannabis flowering tops are a controlled substance whatever their THC, and the ruling adopts its criteria, so it closes much of the room retailers had been using. Oils sold as cosmetics are not directly affected; CBD foods were already unauthorized under EU novel-food rules.

The sector is not asking for impunity or an absence of control.

CBD companies' joint statement, via Soft Secrets (translated)

What happens next

• Clarification motion — already filed with the Supreme Court by companies in the joint defense.
• Constitutional appeal — an amparo appeal is being prepared, Soft Secrets reported.
• EU question — the group is considering whether the Constitutional Court should be asked to refer the question to the EU Court of Justice, with the 2020 Kanavape judgment as the reference point.

Until any of those succeeds, the ruling guides lower courts. Our guide to CBD in Spain sets out what each product category means for buyers.