Adults only (18+)

Legal Status of Cannabis in Spain

Cannabis is illegal for recreational use in Spain, but the country has adopted a decriminalisation approach, focusing on treating drug use as a public health issue rather than a criminal one. This policy aims to reduce the harms associated with drug use and to provide support for individuals with substance use disorders.

Possession and Public Use

Possession of cannabis for recreational purposes is illegal in Spain. Possessing small amounts can result in misdemeanour charges, fines, and potential jail time. Public consumption of cannabis is also prohibited and can lead to fines or other legal consequences. Enforcement varies across the country, with some regions experiencing stricter controls than others.

Medical Cannabis

Medical cannabis has been legal in Spain since 2018. Patients with qualifying conditions such as chronic pain, multiple sclerosis, or certain types of epilepsy can obtain medical cannabis through a state-regulated programme. Medical cannabis is dispensed through licensed pharmacies, and patients must have a prescription from a certified physician. The programme has expanded over the years, increasing access for patients across the country.

Cultivation

Cultivation of cannabis plants is illegal in Spain. The law does not permit individuals to grow cannabis at home, and any cultivation is subject to criminal penalties. However, in practice, private cultivation for personal use is often tolerated, provided it is not visible from public spaces. The legal status of cultivation remains ambiguous, and individuals should exercise caution.

Driving Under the Influence

Driving under the influence of cannabis is illegal in Spain. Law enforcement agencies are authorised to conduct roadside sobriety tests, and individuals found impaired by cannabis may face penalties, including fines, licence suspension, and possible imprisonment. The legal limit for THC in the blood is not clearly defined, but any detectable amount can lead to legal consequences. Spain enforces strict measures to ensure road safety and prevent impaired driving.

Tourists and Cannabis Laws

Tourists visiting Spain should be aware that recreational cannabis use is illegal. Possession, use, or trafficking of cannabis can lead to arrest and prosecution. Medical cannabis laws apply only to residents registered with the state programme. Visitors are advised to comply fully with local laws to avoid legal issues during their stay.

Public Perception and Cultural Context

Cannabis use in Spain remains a topic of debate. Public opinion is gradually shifting, with increasing support for medical cannabis legalisation. However, recreational use continues to face strong legal and social opposition. The state's approach to cannabis is influenced by political, cultural, and public health considerations.

Recent Developments and Future Outlook

While Spain has not legalised cannabis for recreational or general medical use, there have been discussions and legislative efforts aimed at reform. In 2024, the Spanish government approved a bill to decriminalise recreational cannabis for personal use and home cultivation, with provisions set to take effect in 2026. The bill allows adults aged 21 and over to possess up to 100 grams of cannabis at home and cultivate up to three plants. The law also permits the use of psilocybin for medical purposes. However, the bill does not legalise recreational cannabis commerce, and retail sales remain prohibited.

In Summary

Cannabis is illegal for recreational use in Spain, with possession and public consumption subject to penalties. Medical cannabis is legal and regulated, available to qualifying patients through a state programme. Cultivation by individuals is prohibited, and driving under the influence is illegal. Tourists should adhere to local laws to avoid legal issues. While public opinion is shifting, significant legislative changes regarding cannabis legalisation have not yet occurred in the country.