Spain strengthens control of synthetic cannabinoids

Spain has taken steps to strengthen controls on psychotropic substances and synthetic cannabinoids through an update of the Royal Decree 2829/1977. This measure aligns national legislation with the 1971 United Nations Convention on Psychotropic Substances, reinforcing international and national efforts to curb abuse, illicit trafficking and health risks associated with emerging psychoactive compounds.

The United Nations Convention on Psychotropic Substances, adopted on 21 February 1971 and ratified by Spain in 1973, requires signatory States to apply regulatory controls on listed psychotropic substances. These include substances added to the annexes, as determined by the UN Commission on Narcotic Drugs (CND). Spain implemented this international mandate at the national level through Royal Decree 2829/1977, which regulates the manufacture, distribution, prescription and dispensing of psychotropic drugs.

To keep pace with the rapidly evolving drug trafficking landscape and the proliferation of new psychoactive substances (NPS), regular updates of the annexes to Royal Decree 2829/1977 are necessary. These updates ensure that newly identified substances subject to international control are also regulated by national legislation. This approach supports Spain’s commitment to protecting public health and complying with international obligations.

Addressing Synthetic Cannabinoids: A Growing Threat

At its 67th session, the United Nations Commission on Narcotic Drugs took decisions to add several high-risk substances to the schedules of the 1971 Convention. A major part of this update concerns semi-synthetic cannabinoids, compounds that mimic the effects of THC but often with greater potency and unpredictability. The newly regulated substances in Schedule II include:

• Hexahydrocannabinol (HHC) and its acetate (HHC-O)
• Hexahydrocannabiphorol (HHCP) and its acetate (HHCP-O)
• Delta-8 e Delta-9- Tetrahydrocannabinol (THCP) and related acetates
• Delta-8 e Delta-9-THC-C8 variants
• Hydrocannabidiol (H4-CBD)
• Tetrahydrocannabinolic acid (THCA)

According to the Commission, these cannabinoids, although structurally similar to THC, have no known therapeutic uses and exhibit psychoactive properties, raising concerns about toxicity, addiction potential and behavioural side effects.

Although delta-9-THCA is a biosynthetic precursor to the psychoactive delta-9-THC, it is nonetheless a concern. After decarboxylation, usually through heat, THCA converts to active THC. Therefore, consuming THCA can cause psychoactive effects similar to those of traditional cannabis, such as dizziness, dry mouth and mood swings. Given these risks and its potential for conversion, THCA has also been subject to regulatory scrutiny.

Legal and administrative justification

The inclusion of these substances in the updated lists is based on Article 7 of the 2 United Nations Convention and is legally authorised by Royal Decree 1971/2829 of Spain and Article 1977, point 1 of the Spanish Constitution, which grants the State exclusive authority in matters of pharmaceutical regulation.

The reform is in line with the principles of good governance as defined in Law 39/2015 on administrative procedure. It incorporates the values ​​of necessity, effectiveness, proportionality, legal certainty, transparency and efficiency, without imposing unnecessary administrative burdens.

Before finalising the change, the Spanish government carried out a public consultation and coordinated with regional governments, including Ceuta and Melilla. The order requires all relevant entities – manufacturers, importers, exporters and distributors – to adapt their operations to the updated control requirements.

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João Xabregas

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With a professional background in CAD technical drawing (2D and 3D), João Xabregas is an activist and advocate for all uses and applications of cannabis. He discovered and entered the world of cannabis during his youth, where he developed a special interest in the cultivation of the plant, which led him on a journey of self-learning through the world of cannabis that continues to this day. His adventures linked to cannabis cultivation began with the same goal as many others: to be able to guarantee the quality and eliminate any possible risks to his health of what he consumed, as well as to avoid any type of dependence on the illicit market. However, he quickly began to view the world of cannabis and everything related to it with a very different perspective. He admits the enormous passion he has for the most persecuted plant in the world and about which he is always willing to write and have a good conversation.

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