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Cannabis laws in Spain: what tourists and residents need to know

Spain has a reputation for tolerance towards cannabis, and visitors to Mallorca and Ibiza often assume it is legal. It is not. Spain does not punish private personal use, but public use and possession are fined, selling or sharing for supply is a crime, and driving after smoking can lead to a fine or a criminal case. Cannabis clubs operate in a legal grey area and cannot sell to tourists.

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Why foreigners get caught out

Small quantities divided into bags, scales or cash can turn a personal-use fine into a supply charge with a criminal record. Visitors also underestimate saliva tests: traces of cannabis can be detected long after smoking, with a heavy fine and the risk of a criminal case.

Private use

Consumption in private, at home or in a private space, is not punished. Spanish law punishes trafficking and public use, not private consumption itself.

Public use and possession

Using cannabis or possessing it in public places, streets, beaches or establishments, even for personal use, is a serious administrative offence under the Public Security Act, with fines from 601 to 30,000 euros. It does not create a criminal record, but the cannabis is seized.

Growing cannabis

Growing plants in a place visible to the public is an administrative offence. Growing for personal use in private is not a crime, but a large number of plants or equipment suggesting sale can lead to a trafficking charge.

Selling and supply

Selling, supplying or otherwise facilitating the consumption of others, or possessing cannabis for that purpose, is a crime under article 368 of the Criminal Code: one to three years' prison and a fine, with a lower penalty possible in minor cases and much higher penalties for large quantities. See drug offences in Spain.

Cannabis clubs

Cannabis social clubs are private associations of users. The Supreme Court has held that organised distribution through these clubs can be drug trafficking. They cannot legally sell to the public, and "memberships" offered to tourists at the door do not make a purchase lawful.

Driving after using cannabis

Driving with the presence of drugs in the body detected by a saliva test is an administrative offence with a fine of 1,000 euros. Driving under the influence, when the drug affects your driving, is a crime with a driving ban. See drink and drug driving.

Airports and borders

Bringing cannabis into Spain, even small quantities bought legally in another country, can be treated as trafficking or smuggling. Medical cannabis prescribed abroad must be checked before travelling.

A practical example

Two British friends were stopped in Sant Antoni with twelve small bags of cannabis and charged with supply. We showed that they had bought the cannabis together for the whole group for the week, with no evidence of sales, and the judge accepted shared consumption. The case ended with an administrative fine. More information on the firm's main website: trafficking or personal use (in Spanish).

Before you sign or say anything, call a lawyer

In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.

Questions about cannabis in Spain

Is cannabis legal in Spain?

No. Private use is not punished, but public use is fined and selling or supplying is a crime.

Can tourists buy cannabis at a cannabis club?

No. Clubs are private associations and cannot legally sell to the public or tourists.

What is the fine for smoking cannabis in public?

Between 601 and 30,000 euros under the Public Security Act.

Can I drive after smoking cannabis in Spain?

Traces detected by a saliva test mean a 1,000-euro fine, and driving impaired is a crime.

Speak to an English-speaking criminal lawyer today

Tell us what has happened by phone, WhatsApp or email. We will explain the charge, the evidence and your options in plain English, and what we would do next to protect your liberty and your record.