Weed Law in Spain: Guide to Cannabis Legislation

By Oscarjack 7 Min Read
Weed Law in Spain

Cannabis Laws in Spain: What You Need to Know

Understanding the legal status of cannabis in Spain can be a bit of a puzzle. You need to be informed especially when you are moving there for some times. To continue consuming your cannabis and avoiding legal issues, there is essential information you should know.

Let’s cut to the chase: is cannabis legal in Spain? The answer is a bit complicated. In Spain, the use of cannabis in private spaces is decriminalized. It means you won’t get in legal trouble for using it in your own home. However, public consumption is a different story. Using cannabis in public can lead to fines and other legal consequences.

If I Can’t Buy Cannabis, How Can I Get It?

Also, while using cannabis in private is decriminalized, selling it is not. It means you can’t just go to a store and buy it like you would a pack of gum. So, this raises an interesting question: if you can’t buy cannabis, how do you get it?

Grow Your Own Plants

One of the ways people legally obtain cannabis in Spain is by growing it themselves. Spanish law allows for the cultivation of a small number of cannabis plants for personal use. However, these plants must be kept out of public view. Growing cannabis for personal use is one thing, but growing it for sale is still illegal. So, if you decide to grow your own, remember to keep it private and for personal use only.

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Join a Cannabis Club

Another option is to join a cannabis club. These clubs operate in a legal gray area. They are non-profit organizations where members can obtain cannabis. To join a club, you must be a legal adult and get an invitation from an existing member. Once you’re a member, the club can provide you with cannabis, often grown by the club itself. Remember, these clubs are meant for private use only and are subject to specific regulations.

I have been fined or arrested for possession of marijuana, what do I do?

It’s important to consult a law firm in such situations, and you can visit the following website for assistance:

If someone is arrested by the police with drugs in their possession (or available to them), the consequences vary depending on the circumstances:

  • If the drugs are being consumed in a public space, the police will only issue a fine (minimum 600 euros) because, although drug consumption is not a crime, it is punishable by administrative means (fine) if done, for example, in a public space.
  • If the possession of the drugs is for personal use, an arrest may not necessarily be made, as possession for personal consumption is not a crime.
  • However, at the initial moment, it may be difficult for the police to determine if it is for personal use, especially if the amount of drugs seized is minimal (this will depend on the circumstances of the arrest). Therefore, it is common for an arrest to occur in the presence of drugs, and later a judge will determine if it was for personal consumption.
  • In cases where there is suspicion that the drugs are intended for trafficking, either due to the quantity or the police’s observations and investigations indicating that the drugs were not for the personal use of the possessor, an arrest will be made under the accusation of drug trafficking and the individual will be taken to the police station.
  • There, among other rights, they will have the right to legal assistance. Within a maximum period of 72 hours, the detainee will be brought before the court, which will then decide whether to release them or order their provisional imprisonment. This will depend on the severity of the case.
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Wrap Up!

Navigating the cannabis laws in Spain can be tricky. While personal use in private is decriminalized, public consumption and sale are still illegal. Growing a few plants for personal use or joining a cannabis club are ways to obtain cannabis legally. But remember, these options come with their own set of rules and regulations.

FAQ

In Spain, the only legally safe way to consume cannabis is in private spaces, such as your home. Consumption in public places is illegal and can lead to fines.

What amount of marijuana or hashish is considered for personal use?

The exact amount of marijuana or hashish considered for personal use isn’t clearly defined by Spanish law. However, it’s generally understood that small quantities, are often interpreted as around 100 grams of marijuana or 25 grams of hashish.

Can I take cannabis outside the club?

No, you cannot legally take cannabis outside a cannabis club in Spain. These clubs operate under a policy where cannabis obtained or consumed should stay within the club’s private space.

Acknowledgments

Thank you to the team of lawyers in Castellón Jordi Aguilar (Spain) for their collaboration, knowledge and experience in the field of criminal law in Spain, which have been of great help in ensuring that the information we publish is accurate and useful to our readers.

 

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