The criminal atypicity of the cultivation and/or commercialization of non-psychoactive cannabis

Abstract

The boom in cannabidiol or CBD (one of the main components of cannabis) has led to a significant commercial resurgence in the cultivation and marketing of industrial hemp or, better expressed, non-psychoactive cannabis, that is, one that does not produce the effects of drugs. Thus, the sale of creams, oils, gels, etc., made from CBD, is becoming more frequent. But, it is also marketed in the form of food products (infusions, chocolate, etc.), as electronic cigarettes or, directly, the hemp flower itself or «bud» is sold without psychoactive effect for decorative use or collecting and, in some countries , as a herbal product for smoking. In Spain there is no legal position against the cultivation intended for the commercialization of CBD flowers. This paper defends the thesis that any cultivation and/or commercialization of cannabis that does not have a psychoactive component should be considered atypical and, therefore, exempt from criminal liability.