Is Cannabis Legal in Spain? | Legal Status Explained

Cannabis laws in Spain are nuanced, with distinctions between personal use, cultivation, and commercial activities. Understanding the legal framework is essential for residents and visitors alike.

Personal Use and Possession

In Spain, the consumption and possession of cannabis for personal use are decriminalised in private spaces. Adults are permitted to possess up to 100 grams of cannabis for personal use within their homes. However, public consumption and possession are prohibited and can result in fines ranging from €601 to €30,000, as stipulated by the Spanish Citizen Security Law (Ley de Seguridad Ciudadana)

Cultivation for Personal Use

Cultivating cannabis for personal use is allowed, provided it occurs in private spaces and is not visible to the public. While there is no specific legal limit on the number of plants, cultivating a quantity that exceeds personal consumption may lead to charges of drug trafficking. The Spanish Penal Code (Article 368) criminalises the cultivation and trafficking of drugs, with penalties ranging from one to six years of imprisonment.

Cannabis Social Clubs

Cannabis Social Clubs (CSCs) are private, non-profit organisations where members collectively cultivate cannabis for personal use. These clubs operate in a legal grey area, as Spanish law does not explicitly regulate them. While some regions, like Catalonia, have attempted to regulate CSCs, their legal status remains uncertain. In 2017, Catalonia passed a law allowing the cultivation and distribution of cannabis within CSCs, but it was later annulled by the Spanish Constitutional Court.

Medical Cannabis

Medical cannabis is legal in Spain but is strictly regulated. Only two cannabis-based medications, Sativex (nabiximols) and Epidyolex (cannabidiol), are approved for medical use. These are prescribed for specific conditions such as multiple sclerosis and certain types of epilepsy. Access to medical cannabis is limited, and patients must meet stringent criteria to qualify .

Industrial Hemp

The cultivation of industrial hemp is legal in Spain, provided it contains no more than 0.3% THC, in accordance with European Union regulations. This hemp is used for various purposes, including textiles and construction materials.

Legal Landscape and Enforcement

While personal use and cultivation are decriminalised, the legal framework surrounding cannabis in Spain is complex and varies by region. Enforcement practices also differ, with some municipalities taking a stricter approach towards public consumption and the operation of cannabis-related establishments.

Personal Use and Cultivation
Cannabis consumption and cultivation for personal use are decriminalised in Spain, provided certain conditions are met. Use and growing must occur within private properties, and plants should not be visible from public spaces to avoid fines. Cultivation should be limited to amounts that clearly indicate personal use.

Public Consumption and Possession
Using or possessing cannabis in public spaces is prohibited and considered a serious administrative offence. This can result in fines and confiscation of the substance.

Commercial Activities
The sale, distribution, and commercial cultivation of cannabis remain illegal. Engaging in these activities can lead to criminal charges.

Cannabis Social Clubs
Spain has many private, non-profit cannabis social clubs, especially in regions like Catalonia and the Basque Country. These clubs operate in a legal grey area, allowing members to collectively cultivate and consume cannabis on club premises. Membership usually requires an invitation or referral.

Regional Variations
While national laws set the general framework, regional governments have some autonomy. For example, Catalonia has had legislation regulating cannabis clubs, though recent legal challenges have affected their operation. Valencia has approved controlled cannabis legalisation, though implementation details are still pending.

Recent Developments
In 2025, Barcelona increased efforts to regulate cannabis social clubs, resulting in the closure of several establishments due to activities deemed beyond legal allowances.

Summary

Cannabis laws in Spain permit personal use and cultivation in private spaces under certain conditions. Public consumption and possession are illegal and subject to fines. The operation of Cannabis Social Clubs exists in a legal grey area, and access to medical cannabis is limited and highly regulated. Individuals interested in cannabis use or cultivation should stay informed about local regulations and practices to ensure compliance with the law.