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Is Cannabis Legal in Spain?

Can you use cannabis in Spain? Can you grow plants? Find out everything you want to know about the legal status of cannabis in Spain.
2 days ago
5 min read
Is Cannabis Legal in Spain?

Contents:

As the cannabis culture thrives all over the world, many countries are now decriminalizing cannabis even for recreational use. However, there’s a gray area even in countries where cannabis is completely legal, and one of them is Spain. So, is cannabis legal in Spain? Well, it’s complicated. While you can even grow and consume cannabis to your heart’s content, it’s illegal to sell or distribute it.

Spain is a very beautiful country, especially for those looking for friendly people. From bullfighting to visiting cannabis clubs, there’s a lot one could do. Wait, cannabis clubs? Yep. There are clubs in Spain just like coffee shops in Amsterdam. And, it’s nothing less than a paradise for a cannabis connoisseur. But, cannabis clubs and coffee shops aren’t the same.

Some of the greatest seed-banks all over the world hail from Spain. We, at Fastbuds, also have our roots in Spain. Since the laws are relaxed to a great extent, cannabis users need not worry a lot; however, some laws fall in the gray area as mentioned before. If you’re planning to visit Spain, you’ll need to know each and everything unless you want to spend time behind a Spanish prison. Thus, read on to know what you can and can’t do whilst you’re enjoying in Spain.

What are cannabis clubs?

Many cannabis users are very curious about cannabis clubs. They compare it with coffee shops that are super famous in Amsterdam, but as mentioned earlier they aren’t similar. For instance, while anyone can walk into a coffee shop, cannabis clubs aren’t open to everyone. Without a membership, you cannot just saunter in there.

Since the laws regarding these clubs are a little murky, they are fiercely private. If you’re lucky enough to get a membership, your details will remain private. Think of it as your elite membership club where only members are allowed.

While coffee shops feel more like a pub or open restaurant as seen in the picture above, cannabis clubs feel more like a regular joint where you can hang out like it’s your home. To become a member, you must provide your details, but the address must be a registered address in Spain. This means that only localties have a chance. If you’re lucky to hang out with localties, you may get an opportunity to enter one of the clubs.

Also, unlike coffee shops, you don’t pay to purchase cannabis in clubs. Think of it as a joint grow operation where you bear a part of the cost to cultivate marijuana. As a result, the yield belongs to all members. You will also have to pitch in for anything required to maintain the club.

 

 

All the members bear the costs equally and will get their share of cannabis once the yields are harvested.

Can you smoke cannabis in Spain?

The short answer is – yes, you can. However, marijuana is illegal if used for commercial purposes in Spain. For personal use, it’s decriminalized. Although you’re prohibited from using cannabis in public spaces, the laws are relaxed quite a bit. In fact, Barcelona is regarded as a cannabis haven just after Amsterdam and Colorado.

But, if you’re traveling for the first time to Spain, we recommend that you enjoy cannabis in private. Why take a risk, eh? As long as you don’t attempt to sell cannabis, you will be fine. And, remember to not sell anything – not even a gram of cannabis – since purchasing, possessing and consuming cannabis in public can land you in serious trouble.​

 

 

Since the laws are confusing, there are quite a few loopholes one can find. Thus, you’ll see cannabis clubs despite commercial sale termed illegal.

Can you grow cannabis in Spain?

There are several laws surrounding cannabis in Spain. And, with many laws, you’ll find several loopholes as well. Cannabis is regulated in several ways even in a cannabis-friendly country like Spain. Previously, the laws were different.

For example, the Spanish government had passed a law named the Citizen Safety law in 1992. The rules were quite relaxed. One could consume and even possess illicit drugs and grow plants in public areas. However, the government passed another law later to rectify the previous one.

According to the new law or Article 368, you cannot grow, sell, produce and encourage trafficking of any psychotropic drug including marijuana. This means that you cannot grow cannabis with an intent to sell it illegally. Doing so will send you to jail for a period of 1 to 3 years depending on the severity of the crime. You might also have to pay a hefty fine if you’re caught with a sizable amount of cannabis.

All these laws are meant for commercial operations where you rent or buy a space to cultivate huge quantities of marijuana. However, there’s nothing concrete in terms of laws for personal use. Now, it’s easy to understand that when there’s a lack of strict laws, people tend to misuse it.

Basically, it depends on the judge handling the case. In other words, the laws state that while growing and consuming cannabis for even personal use is not legal, you will not be punished for it either. Okay, so that’s super confusing, right? Let’s clear it up a bit.

So, you only need to remember that you cannot grow cannabis with an intention to sell it. Even gifting it to a friend can put you in trouble. For example, many growers tend to grow cannabis for their friends relying on medical cannabis. It’s a sweet gesture for sure, but it’s considered a crime even if you’re not taking any money for it.

 

 

Offering cannabis to relatives or friends falls under article 368. According to this penal code, you can face up to 3 years in prison even if there’s no evidence of you receiving money for the same.

To put it in simple words, you can grow cannabis but you must use it for your personal use alone. As long as there’s no way to prove that you have given even a small amount of marijuana to your friends, you will be safe.

As you can see, these laws are applicable on a personal level, but what about the administrative level, you ask? Well, ever since the Spanish government implemented the “Ley Orgánica 4” with an intent to protect citizens from drugs, things have changed quite a bit. The law was passed in 2015, and it states that planting marijuana in public places is punishable.

According to this law, you cannot plant seeds of any drug including cannabis in any space that’s meant for the general public. Even if you aren’t selling the product to anyone, you may be fined a hefty amount that ranges from about 600 to 30,000‎€. Of course, the fine and the punishment will be a lot more if you’re caught trafficking cannabis in any fashion.

Remember that there’s no explicit rule for anyone growing cannabis in personal spaces. By personal space, we mean a balcony, terrace or you room indoors. You can convert a normal room into a grow room or use a tent to grow cannabis plants. Illicit grows are considered a crime in Spain, but since the government doesn’t specify exactly what illicit grows refer to, many indoors growers continue to grow marijuana in the safety of their homes.