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.