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Weed in Spain: Cannabis Legal Status Guide

Author
ผู้เขียน Ryan Allan
09 August 2022
“Is weed legal in Spain?” is a common question of cannabis lovers while travelling to Spain. We've got you covered!
09 August 2022
61 min read
Weed in Spain: Cannabis Legal Status Guide

เนื้อหา:
อ่านเพิ่มเติม
  • 1. Cannabis laws in spain
  • 1. a. Possession
  • 1. b. Sale
  • 1. c. Growing
  • 2. Is cbd legal in spain?
  • 3. Is it legal to send cannabis seeds to spain?
  • 4. Medical cannabis in spain
  • 5. Industrial hemp in spain
  • 6. History and politics
  • 7. Good to know
  • 8. Best cannabis social club in barcelona
  • 8. a. Og barcelona
  • 9. Best cannabis social club in madrid
  • 9. a. Green shot cannabis social club
  • 10. Best cannabis social club in malaga
  • 10. a. Weed art cannabis club

1. Cannabis Laws in Spain

Europe’s sixth-biggest nation by population, Spain has developed something of a reputation as a cannabis hot spot in recent years. However, while a relatively liberal approach does exist, with both the possibility to grow and consume, cannabis’s legal status within Spain remains somewhat complicated to say the least. So, let’s start with the basics - is cannabis legal in Spain? For recreational consumers, cannabis has not yet been legalized, although it has been decriminalized. As such, consuming cannabis in your own home or in another private property is not considered illegal. Given the relatively lax approach to consumption, the last twenty years have seen the arrival of many cannabis associations across the country, with Barcelona alone offering over 200 locations.

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While there are some similarities between Barcelona’s cannabis scene and that of the Amsterdam Coffeeshop circuit, the legality of recreational cannabis can vary widely depending on each circumstance. This is heightened by the fact that the country has a decentralized government with seventeen communities and two cities that legally operate and govern themselves autonomously. Indeed, in 2017, Catalonia legalized the cultivation, consumption, and distribution of cannabis for members of the aforementioned associations. Under the legislation, each association must be a self-sufficient non-profit organization, while they can only provide cannabis to those aged 18 years old and over.

 

Weed in spain: cannabis laws in spain

There are over 200 cannabis clubs in Barcelona.
 

Restrictions for cannabis clubs in Catalonia include the limitation of producing only 150kg of cannabis a year, while they must also follow rules to prevent tourists from having access to their clubs. Indeed, while Barcelona has begun to earn a reputation akin to that of canna-friendly Amsterdam, there remains plenty of confusion for tourists falling foul of Spain’s somewhat contradictory cannabis laws. So is it actually possible to get weed legal in Spain? While Spain’s cannabis associations are somewhat similar to the coffee shops of Amsterdam, they are not technically legal and operate under the loophole of private consumption. However, there are some important distinctions between Spanish cannabis clubs and those available in the Netherlands. The most crucial difference is that it is impossible to visit an association without a membership which, due to Spain’s weed laws around marijuana and advertising, are not often easy to come by.

For many years, it was only possible to join an association if you had received an “invitation” from a fellow member, while many only allow Spanish citizens. However, more recently, it has been possible to obtain a membership by contacting associations through their websites with some laxer when it comes to tourist access. For those fortunate enough to receive an invitation, a 20 euro yearly membership fee is typically required. Still, it is important to note that Spain’s weed laws do not allow for consumption or possession in public areas. Cannabis purchased in an association must be consumed in the association. As such, the police can confiscate any cannabis they might find on a person caught consuming it in public. Fines can be substantial for those falling foul of the law.

 

Weed in spain: cannabis laws in spain

It is illegal to leave cannabis clubs with weed!
  

While it is legal to consume cannabis at home, it is not permitted to transport it from the association to your home, creating a particularly grey area for those who prefer to enjoy marijuana at home rather than in a potentially dingy, badly-lit association. Concealment is often suggested by association staff when leaving the club with cannabis in your possession. Furthermore, there remains no medical access to cannabis, although that could be about to change with the regulation and distribution of medical marijuana potentially being introduced by the end of 2022, according to recent reports

Possession

Another frustrating grey area surrounds Spanish cannabis laws with respect to possession. While it might be “legal” to purchase, the question of whether possession of cannabis is legal in Spain remains hard to answer. The consumption of cannabis is permitted at home or in an association, however, transporting it from one point to another is not legal. As such, if you were stopped or searched by the police, even if you were not consuming in public, you could easily find your cannabis confiscated and accompanied by a potentially substantial fine. Given the availability of cannabis within the city, this practice could be best described as something of a honey-trap, particularly for unsuspecting tourists.

Sale

The sale of cannabis remains illegal within Spain, with drug trafficking considered an offense in the Criminal Code. However, the prevalence of cannabis clubs makes Spain’s weed laws that little bit more complicated. 

Is the sale of marijuana legal in Spain?

While the associations continue to operate in something of a legal grey area (cannabis is obtained in associations by making a “donation” to the proprietors), many people falsely believe they are legally operating dispensaries like those across the Atlantic or in the Netherlands. In fact, the Spanish Supreme Court has claimed that Court states that any “organized, institutionalized and persistent cultivation and distribution of cannabis among an association open to new members is considered drug trafficking.”

 

Weed in spain: is the sale of marijuana legal in spain?

The sale of cannabis is still illegal in Spain.
 

The issue remains something of a hot potato in Spain, and while cannabis associations continue to operate across the country, their right to exist may become increasingly inhibited in the coming years.  As a result of the bureaucracy that continues to confuse and hinder association owners and cannabis consumers in Spain, many associations have lost their licenses to operate in recent months. Beyond Spain’s cannabis associations, anyone caught selling or trafficking cannabis could face a substantial fine or a prison sentence from one to three years. 

Growing

Grey areas are something of a norm in Spanish cannabis law, and the cultivation of marijuana is also somewhat cloudy. While it is considered illegal to grow cannabis at home, it has been decriminalized. So what does that mean? It had often been said that it was considered legal to grow up to four plants; however, this is not strictly correct. While the police will turn a blind eye to the personal cultivation of plants at home, much depends on whether your neighbors are as forgiving.  Plants should not be visible from the exterior, and should a neighbor raise an issue with the law, you may be asked to remove your plants. As such, short and stocky Indica strains are usually favored by those growing in Spanish homes.

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2. Is CBD Legal in Spain?

Unsurprisingly, this is a question without a particularly simple answer. While Spain does tend to follow the EU frameworks that currently exist, access to CBD is no longer as free and unfettered as it was just a few years ago. In 2018, The European Commission announced new regulations that would put a stop to the marketing and sale of CBD for human consumption. Unfortunately, anyone now caught selling CBD oil or similarly consumable CBD products may end up being given a severe fine or even potentially lose their business. At present, CBD can only be used legally as a product for external use with only CBD products that can be used externally, on the skin, for example. In addition, all Topical CBD products must contain no more than 0.2% THC.

3. Is it Legal to Send Cannabis Seeds to Spain?

It’s legal to buy and sell cannabis seeds in Spain. You can also legally receive them in the post from other countries.

4. Medical Cannabis in Spain

While the country has long resisted the legalization of medicinal cannabis, that could be about to change in the coming months. Earlier this summer, the Spanish Congress of Deputies finally passed a bill for medical cannabis reform. Based on a report issued by the special health commission, which formally examined the issue, it is expected that the full Health Commission will officially approve the report in the coming weeks.

Once approved, it is expected that formal guidelines for the dispensation of medical cannabis in Spain will be issued by the Spanish Health Agency (AEMPS). While the inevitable red tape and bureaucracy that typically exists within Spanish law should be expected, the passing of the bill should ensure that medical cannabis will be available upon prescription from Spanish hospital pharmacies by 2023.

5. Industrial Hemp in Spain

The production of industrial hemp is legal in Spain. Indeed, the cultivation of hemp has, in the past, been one of the country’s great industries. For generations, hemp fiber was the economic sustenance of thousands of Spanish families, primarily because of the temperate climate and fertile land. However, due to changes in the law during the 20th century, hemp cultivation all but died out within the country.

Now, hemp is making something of a comeback, thanks primarily to the medicinal components of the plant. While the cultivation of hemp for fibers is not particularly profitable, the proliferation of CBD within Europe and beyond has seen a significant rise in demand within the country and beyond.

As a result, Spain has become something of a European hub for the cultivation of hemp and cannabis cultivation, primarily because of its temperate climate. Spanish law currently allows 25 cannabis strains for hemp production. However, all of these strains must contain no more than 0.2% THC.

6. History and Politics

A politically thorny issue, cannabis legality remains a cloudy, confused and contradictory issue within Spanish culture. While cannabis and hash have been an omnipresent force throughout Spain for centuries, the country continues to wrestle with the idea of full and unfettered legality. Indeed, a recent opinion poll amongst Spanish residents suggests that the country remains somewhat divided on the issue of legalized recreational cannabis. According to the 2021 study, 49.7% of the country favors full legalization. However, a vast majority of 90.1% said they are in favor of legalizing marijuana for medical use.

 

Weed in spain: history and politics

A political impasse prevents legalization from moving towards.
 

While it is now over twenty years since the introduction of the first cannabis clubs in Spain, access to cannabis both recreationally and medically remains frustratingly arbitrary. Moreover, despite the success and popularity of the associations, a frustrating political impasse continues to prevent the country from moving towards a simpler and less confusing set of laws comparable to those in Canada, the Netherlands, or the US.

Despite its economic struggles following the devastating loss of tourism to the country during the COVID pandemic, the Spanish government, and indeed many of its citizens, remain opposed to a legalized and taxable cannabis marketplace. In a country where the climate is perfect for the cultivation of the marijuana plant, it seems painfully bamboozling, particularly given their economic struggles, that Spain has not yet moved towards full cannabis legality.

7. Good to know

While Spain’s cannabis laws do open a door to recreational and medical access, there are still several conditions and things you need to know before joining a cannabis association. If you are 21 or over, live in Spain, and have proof of residency, you may be able to join one of the hundreds of clubs that exist across the country.

While it was once only possible to obtain a membership if you knew an existing member, it is now far simpler to join a cannabis association in Spain. The best associations have a strong presence on social media, and most will accept online requests to join their club via their website. In order to be accepted to most cannabis clubs, you will need the following items:

  • Valid Photo Identification
  • Spanish Address
  • Membership Fee
  • Invitation to Join (This can often be obtained via the association´s website)

For those of you still learning Spanish, knowing the local vernacular is always important. With that being said, here are the more formal and colloquial translations of weed in Spanish:

  • Formal: marihuana, cannabis
  • Informal: maria, hierba, porros (blunts)

8. Best Cannabis Social Club in Barcelona

OG Barcelona

A huge favorite in the Barcelona association scene, OG Barcelona is one of the best all-around cannabis associations in the city. Offering an outstanding selection of top-shelf strains having built an outstanding reputation built on excellent service, OG Barcelona is located in the heart of the Eixample area within the city center. From Dry Sift to Edibles and everything in between, OG´s menu is broad, varied, and continuously updated with an excellent selection to suit every budget. 

With warm, hospitable, and educated staff, the OG experience is vastly superior to much of what is available within the city. While there is plenty of competition, few are able to offer the consistency, quality, and warmth of service offered up by OG´s knowledgeable and hospitable staff. While OG Barcelona earns our top choice, here are a few of our other favorites in Barcelona.

 

Best Cannabis clubs in Barcelona Location
OG Barcelona Passatge de Marimon (Eixample)
La Canna  Carrer de los Castillejos (Sagrada Familia)
Jungle Boys Weed Club Carrer de Fluvià (Poble Nou)
G13 Cannabis Club Carrer de Nàpols (Eixample)
Greenardo Carrer Anna Maria Martinez (Guinardo)

9. Best Cannabis Social Club in Madrid

Green Shot Cannabis Social Club

One of the most popular cannabis clubs in Madrid, Green Shot Cannabis Social Club, has established itself as one of the best associations south of Barcelona. Offering a wide variety of Indica and Sativa-dominant hybrid strains, you’ll find everything you need in this uniquely designed association. Spread over two uniquely designed floors, Green Shot is both spacious and relaxing, offering consumers the perfect location to chill out and escape that often oppressive Madrid summer sunshine.  Green Shot’s dispensary also features an excellent supply of accessories, bongs, vape pens, and everything else you’d expect to find at one of the top Barcelona clubs.

10. Best Cannabis Social Club in Malaga

Weed Art Cannabis Club

A highly respected selection from the beautiful Andalusian town of Malaga, Weed Art Cannabis Club is our pick for the best cannabis social club in Malaga. A little outside the old town, Weed Art Club sets the pace in the newly emerging Malagan cannabis club scene with a suitably chilled atmosphere, catering to locals and tourists alike. Offering a limited but high-quality selection of Indica and Sativa-dominant hybrid strains, Weed Art offers both high THC and CBD strains, suitable for both recreational and medical consumers.