Cannabis legislation in Spain
Spanish legislation regarding cannabis admits a certain tolerance for the consumption of this substance. Although it is illegal to consume or possess cannabis in public places, there is a loophole that allows users to consume cannabis in the privacy of their own home [[13]]. However, if a minor is caught committing the violation, the fine may be suspended if the minor voluntarily participates in a rehabilitation or treatment program [[13]]. It should be noted that Spain is divided into different decentralized autonomous communities, which can lead to the adoption of different laws in each of them [[13]]. In 2017, the Catalan government attempted to regulate the consumption, cultivation and distribution of cannabis for authorized clubs, but the law was annulled by the Constitutional Court for invading the powers of the State [[13]].
Can cannabis be sold in Spain?
Regarding the sale of cannabis, the legislation is clearer. Drug trafficking is considered a crime in the Penal Code and penalties vary depending on the nature of the crime [[13]]. If the drugs sold do not seriously harm health, as is often the case with cannabis, prison sentences range from one to three years. In the case of harder drugs, the penalty can be up to six years, and if there are aggravating circumstances, prison sentences can be up to 21 years [[13]]. In addition, fines are imposed for cannabis trafficking and all substances, instruments and benefits are confiscated. If the accused has a certain profession, he runs the risk of being disqualified [[13]].
Can cannabis be grown in Spain?
According to Spanish legislation, the cultivation of cannabis is a crime, except in cases where it is carried out in places not visible to the public and its purpose is solely for personal use, whether medicinal or recreational [[13]]. However, if someone is caught growing a significant number of plants and authorities determine that he intends to sell or distribute the cannabis, he can be prosecuted and charged with drug trafficking [[13]]. The existing legal vacuum regarding the legality of private and shared consumption of cannabis has led to the rise of cannabis social clubs in Spain [[13]].
Is CBD legal in Spain?
CBD is legal in Spain, as long as it does not contain more than 0.2% THC, the substance responsible for providing a cerebral effect or ‘high’. Additionally, CBD production is also legal, as long as it is not done in public [[13]].
Can cannabis seeds be sent to Spain?
It is legal to buy and sell cannabis seeds in Spain, and they can also be received legally by mail from other countries [[13]].
Medical cannabis in Spain
Although Spain has decriminalized the personal use of cannabis, its laws regarding medicinal cannabis are still lagging behind. Currently, there are only a limited number of medical cannabis products available with a prescription. Sativex is the only medicine marketed in Spain, but its access is complicated and is restricted to patients with multiple sclerosis [[13]]. Spanish patients often choose to grow their own produce or visit cannabis social clubs to obtain relief from their symptoms [[13]].
Industrial hemp in Spain
Industrial hemp cultivation has experienced a resurgence in Spain due to the plant’s economic potential. Spanish farmers take advantage of the country’s favorable climate and EU legislation that allows the production of hemp with THC levels below 0.2%. Royal Decree 1729/1999 allows farmers to grow 25 different varieties of hemp in Spain [[13]].
Good to know
Some interesting facts about cannabis use in Spain include that 18.3% of young people aged 15 to 34 use cannabis, and it is estimated that there are around 1,600 cannabis social clubs in the country. Catalonia has the largest number of cannabis social clubs in Spain. Furthermore, Spain ranks 13th in the world in terms of the number of people who consume cannabis [[13]].
Political parties and cannabis
Some politicians in Spain openly defend the legalization of cannabis, such as Pablo Iglesias of the Podemos party. Other political parties have also shown support for legalization or a state production model. The Spanish Federation of Cannabis Associations works to channel public support and pressure for the regulation and legalization of cannabis [[13]].
Cannabis Social Clubs
Cannabis social clubs in Spain exist thanks to a legal loophole that has decriminalized the consumption of cannabis in private places. These clubs operate as private organizations where members can legally access cannabis grown on the club’s premises. However, the Spanish Supreme Court establishes that any organized, institutionalized and persistent cultivation and distribution of cannabis among an association open to new members is considered drug trafficking [[13]].
Barcelona: the new Amsterdam?
Barcelona is known for having a large number of cannabis social clubs and marijuana-related events. However, unlike Amsterdam, cannabis social clubs in Barcelona are not advertised and can be difficult to find without local knowledge. Barcelona does not need to promote social clubs for economic benefit, as it is a major tourist destination [[13]].
Events related to marijuana in Spain
Spain hosts several important marijuana-related events throughout the year. Some of the most notable events are Spannabis, the International Cannabis Business Conference, ExpoGrow and Medical Cannabis [[13]].
Will cannabis be legalized in the future?
Given the pressure on the government to legalize medicinal cannabis in Spain, full legalization may occur in the future. However, legalization of recreational use depends on the political party in government at the time [[13]].
