The Legal Status of Cannabis in Spain: What You Need to Know

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Is Weed Legal in Spain

Cannabis laws in Spain are complex and often misunderstood. While Spain is seen by many as cannabis-friendly—especially with its famous “cannabis clubs”—the truth is that the country operates in a legal grey zone. Cannabis is not fully legal, but certain uses are tolerated under strict conditions. Whether you're a resident, tourist, or business looking into industrial hemp, understanding the legal boundaries is essential.

Recreational Use

Recreational cannabis is decriminalised, but not legal in Spain. What does that mean in practice?

  • Private use is allowed: You can smoke cannabis in your own home or in private spaces without fear of criminal prosecution.

  • Possession in public is illegal: If you're caught with cannabis in public—even a small amount—you can face administrative fines starting from €601, and your stash will be confiscated.

  • Cannabis clubs exist: These are private, members-only associations that allow adults to consume cannabis on-site. They're legally tolerated, but operate in a regulatory grey area. You must be over 18 or 21 (depending on the region), already a member, and follow strict internal rules. Clubs can't advertise or sell cannabis for profit.

Medical Use

Spain does not have a fully legal medical cannabis programme like Germany or Canada, but the picture is slowly changing.

  • In 2022, Spain's health committee approved a plan to regulate medical cannabis.

  • The aim is to allow cannabis-derived medicines to be prescribed for conditions like chronic pain, multiple sclerosis, epilepsy, and certain effects of cancer treatment.

  • However, full implementation is still pending as of 2025. Access is limited to approved pharmaceutical products, not dried cannabis or oils you can buy over the counter.

  • The Spanish Medicines Agency (AEMPS) is currently overseeing pilot programmes, and a broader rollout is expected if successful.

So while Spain is moving toward medical regulation, patients still face limited access and often turn to the black market or cannabis clubs.

Industrial Use

Industrial hemp (cannabis with <0.2% THC) is legal to grow in Spain under EU law. However:

  • Growers must use certified EU seeds.

  • Hemp may be cultivated for fibre, seeds, or CBD extraction, but THC-rich cannabis remains illegal to grow for commercial sale unless authorised for medical research.

  • Selling CBD products is permitted, but marketing them as therapeutic or medicinal is still restricted.

Spain's climate makes it ideal for hemp cultivation, and there's a growing industry of legal CBD producers—particularly in Catalonia and the south.

Fines and Offences

Spain distinguishes between administrative infractions (non-criminal) and criminal offences based on the intent and scale of cannabis use or distribution.

1. Personal Use (in public):

  • Fine: €601 to €30,000

  • No criminal record, but the substance is confiscated.

2. Home Cultivation for Personal Use:

  • Growing a small number of plants in a private, enclosed space for personal use is generally tolerated—but only if not visible to the public.

  • If plants are visible (e.g., on a balcony), authorities may impose fines or even prosecute.

3. Selling or Trafficking:

  • This is a criminal offence.

  • Punishable by 1 to 3 years in prison and fines depending on the amount and circumstances.

  • Larger operations or involvement of minors can lead to up to 6 years or more.

4. Cultivation for Sale:

  • Considered a serious offence.

  • Can lead to prison time from 3 to 6 years or higher, particularly if part of organised activity.

  • Seizure of property, vehicles, and bank accounts is common in these cases.

5. Driving Under the Influence:

  • Cannabis use while driving is strictly banned.

  • First-time offenders face fines of €1,000 and six points off their licence.

  • Police use saliva drug tests on the spot, and presence of THC—even from past use—can result in penalties.

Regional Variations

While national law applies across Spain, enforcement varies by region. For example:

  • Catalonia and the Basque Country have more tolerant approaches, especially regarding cannabis clubs.

  • Other regions may enforce public use laws more strictly.

  • Local governments may influence how actively police pursue home growers or small-scale possession.

Future Outlook

Spain is at a legal crossroads. Public support for legalising cannabis—especially for medical use—is high. A 2021 survey by the Centre for Sociological Research found 90% support for medical cannabis legalisation and 49% support for recreational use.

The Spanish government is under pressure from both national and EU-level discussions to create a more coherent policy. While a full recreational legalisation remains unlikely in the short term, medical cannabis regulation is expected to expand in the coming years. There's also growing interest in boosting the hemp and CBD industries as part of sustainable agriculture efforts.

In Summary:

  • Recreational cannabis is decriminalised for private use but illegal in public.

  • Medical cannabis access is limited but developing.

  • Industrial hemp is legal under strict guidelines.

  • Fines range from hundreds to thousands of euros, with criminal charges for trafficking or cultivation for sale.

Spain's cannabis laws reflect a mix of tolerance and control, and while the future holds promise for reform, users should remain cautious and informed.