Whether you are a tourist or a resident, it is important to know the answer to the question, “Is cannabis legal in Spain?” There are laws and penalties associated with the possession of cannabis and it is important to know the laws before you use them.
Penalties for Possession
Depending on the amount of cannabis, penalties for possession of cannabis in Spain can range from fines to imprisonment. The penalties for cannabis in Spain are also different for trafficking and cultivation.
For the first offense, possession of cannabis can be punished with a fine of up to EUR 381 for a small quantity and up to EUR 1270 for a large amount. For a second offense, penalties can be increased to up to EUR 508 for a small quantity and up to EUR 690 for a large amount.
A court can also impose probation for up to one year. This may be extended by a public prosecutor’s decision. A person can also be sent to therapeutic counseling if they are a problem drug user.
A person can be punished with imprisonment for up to six years for the supply of small quantities of drugs. For the supply of large quantities, penalties can range from one to three years.
Cannabis Clubs
Hundreds of “cannabis clubs” are scattered across the country. These clubs are private organizations that allow members to cultivate and consume cannabis on-site. Some clubs even allow foreigners to join.
While the cannabis club industry in Spain is thriving, it’s also in a precarious position. The legalization of cannabis in Spain has opened the door for recreational access. Despite this, it has also created an enticing avenue for organized criminal groups.
Unlike in Amsterdam, where cannabis is legal on a limited basis, Spanish law does not allow its consumption in public places. However, there are a few loopholes in the law that allow the consumption of cannabis in a private space.
One of these loopholes is the ‘organic law 1/2002’, which contains the right of association. This gives clubs the right to sell cannabis on-site. However, this isn’t the only reason why there are thousands of these clubs in Spain.
Another is the fact that the laws governing the cultivation of cannabis are ambiguous. This makes it more difficult to distinguish between legal and illegal grows.
Cannabis-Based Medicines
GW Pharmaceuticals, a UK-based company, has approved a cannabis-based medicine in Spain for epilepsy patients. The drug, based on the compound CBD, is used to treat seizures associated with Dravet syndrome, Lennox-Gastault syndrome and tuberous sclerosis complex.
Spain has a thriving cannabis culture but hasn’t fully regulated its cannabis market. The country has approved only two drugs based on the cannabis plant so far.
Two cannabis derivatives, used to treat epilepsy, are currently being distributed in hospitals in Spain. Patients must be prescribed the medicines by a specialist doctor.
The Spanish Congress of Deputies has created a sub-commission on medical cannabis to study the future regulation of the drug. The subcommission will be able to take the necessary steps to make cannabis-based medicines available to patients.
The subcommission’s initial task is to study the regulatory experience of other countries. In the case of Germany, the German Federal Administrative Court encouraged the medicinal use of cannabis in 2005.
Avoid Smoking Weed on The Street
Despite the fact that it’s illegal to smoke cannabis in Spain, some Spaniards love to smoke it. In fact, some of the heaviest cannabis smokers in the EU live in Spain. So if you’re planning a trip to Spain, make sure you know the legality of cannabis.
Although cannabis is illegal in Spain, there are some ways to purchase it legally. The first option is to join a cannabis club. These clubs are operated under the guise of private associations. They are non-profit and share cannabis with their members in private meetings.
However, to join these clubs, you must be a Spanish resident. In addition, you must also meet basic legal requirements. Some clubs require you to have a referral from a current member.
In addition, you must meet the age requirement of 21. You’ll also have to pay a membership fee. This fee is used to keep the club running. You can also purchase cannabis products from private shops. These stores offer a range of quality products.
