Personalized attention +34 96 206 62 98
Free shipping to Iberian Peninsula from 30€
9/10 Rating
Discreet shipping
On September 9, the Council of Ministers approved the Draft Bill of the anti-smoking law, a piece of legislation that represents a major shift in measures against smoking, including the regulation of vapes and herbal-based products. To better understand all the changes this new anti-smoking law in Spain could bring if it moves forward, don’t miss what we explain here.
What are the changes in Spain’s new anti-smoking Law 2025?
The Council of Ministers approved the Draft Bill amending Law 28/2005 to strengthen public health protection. The goal is to adapt this law to new consumption patterns and the products currently available on the market. This reform is part of the Comprehensive Plan for the Prevention and Control of Smoking between 2024-2027.
When will the anti-smoking Law 2025 come into effect?
For this regulation to be approved, it must go through the Legislative branch, as it needs to be debated and either passed or rejected by the Congress of Deputies, and then by the Senate. If both chambers approve it, it will be sanctioned and enacted by the King, after which it will be published in the Official State Gazette (BOE) with the measures to be taken and the effective date.
What changes does the new law include?
Among the key changes that the approval of Spain’s anti-smoking law would bring are the following:
- Expansion of smoke-free areas: smoking and vaping are banned on terraces, swimming pools, sports facilities, and outdoor entertainment venues, as well as within 15 meters of public buildings, healthcare centers, schools, or playgrounds.
- Ban on consumption by minors of tobacco and related products, whether smoked or vaped.
- Regulation of e-cigarettes and vapes: the sale of disposable e-cigarettes is prohibited, and all e-cigarettes (with or without nicotine) are equated to tobacco products under the regulations. This includes herbal-based products, oral nicotine pouches, and devices for vaporizing or inhaling (such as hookahs).
- Work vehicles considered workplaces, meaning smoking will also be banned inside them.
- Total ban on advertising and sponsorships or any form of commercial communication about tobacco and related products, including digital media and urban furniture.
- Reestablishment of the Observatory for Smoking Prevention to monitor and coordinate public health policies in this area.
- Additionally, the Ministry of Health is processing a Royal Decree prohibiting the use of flavorings in vapes, aimed at reducing their use. However, this is still being debated at the European level, as some countries argue it could conflict with competition rules.
- Labeling and information must include data on nicotine content and product characteristics.
- Implementation of a specific sanctioning regime, with financial penalties depending on the severity of the infraction, as well as liability for offenders.
What about Smokers’ Clubs?
Until now, smokers’ clubs, including cannabis associations, benefited from an exception. With this new draft of the Anti-smoking Law 2025 in Spain, the ninth additional provision of Law 28/2005 is repealed, eliminating the possibility for smokers’ clubs to operate as private spaces where smoking is permitted. As a result, there would no longer be any legal coverage for them.
Impact of the new anti-smoking Law 2025 draft on the CBD industry
Among the key points of this amendment that could have the greatest impact on cannabis are:
- Points of sale: CBD shops will only be allowed to sell in tobacco shops or certain specialized stores, without being able to operate in herbal shops or general retailers.
- Total advertising ban: all forms of advertising, promotion, and sponsorship are prohibited in every type of media, including social networks or through influencers.
- Paraphernalia would fall under the category of “related products,” meaning they will be subject to the same advertising and sales restrictions.
What could this mean for the cannabis industry?
In other words, how might this affect the cannabis industry? Some of the main points to consider are:
| Aspect | Implications for the cannabis industry |
|---|---|
| Catalog review | Disposable vapes could be banned. Growshops will need to focus on reusable/refillable devices and compliant herbal or liquid products. |
| Legal compliance and controls | Stricter age verification requirements and further restrictions on digital advertising. Even nicotine-free vape promotions will face limitations. |
| Communication and signage | Shops and clubs will need to reinforce signage and internal protocols to comply with smoke- and vapor-free zones. |
| Legal adjustments | There will be a greater need to adapt bylaws, contracts, and internal policies in growshops and associations to avoid penalties. |
| Consumer demand and behavior | Vaping in public spaces will lose visibility. Impulse purchases of vapes may decrease, but interest in dry-herb vaporizers or private use may grow. |
| Transition and timelines | The draft bill may still be modified in Parliament. There will be an adaptation period for inventories and business strategies. |
| Advisory opportunities | Growshops can position themselves as trusted sources of information, guiding customers on legal consumption, compliant devices, and best practices. |
We will have to wait for the coming months to see whether the new Anti-smoking Law 2025 is finally approved and what changes this new law may bring.
