Spain
Europe
#18 of 196 worldwide
#6 of 45 in Europe
Private use and cultivation out of public view are not crimes; possession or use in public brings fines from €601. Hundreds of cannabis social clubs operate in a legal grey zone.
History
- Catalonia regulates cannabis clubs
- Spain raises fines for public possession33 to 31−2
- Cannabis social clubs take root in Spain30 to 33+3
- Spain starts fining possession and use in public34 to 30−4
- Spain takes personal possession out of criminal law11 to 34+23
- Spain adapts its law to the Single Convention
- Spain first restricts cannabis98 to 11−87
Score breakdown ▏world average
Select a segment to show or hide the exact rules and sources.
Possession · 25%3/10adds 7.5 of 25 points
Possession for personal use in a private place is not an offence; courts generally treat up to about 100 g as personal. In public it is different: carrying any amount is a serious administrative infraction with a fine of €601 to €30,000 and confiscation.
Personal cultivation · 25%3/10adds 7.5 of 25 points
Growing for your own use in private is not a crime, and there is no fixed plant limit — courts look at whether the amount is consistent with personal use. Plants visible from a public place bring a €601–30,000 fine.
Punishment & enforcement · 20%4/10adds 8.0 of 20 points
Users face administrative fines, not criminal charges. Trafficking is punished with one to three years in prison for cannabis, more for large quantities.
Sharing & gifting · 10%2/10adds 2.0 of 10 points
Courts recognise 'shared consumption' among a closed group of adult users as non-criminal, which is the doctrine cannabis clubs rely on. Outside that narrow setting, handing over cannabis is trafficking.
Consumption · 10%3/10adds 3.0 of 10 points
Legal at home and inside private clubs. Consuming in streets, parks, bars, vehicles or public transport is fined from €601.
Legal access · 10%3/10adds 3.0 of 10 points
No legal shops. Hundreds of cannabis social clubs — private non-profit associations, concentrated in Catalonia and the Basque Country — supply members in a tolerated grey zone. Clubs have been raided and their organisers convicted, and membership is meant for residents.
History
- Catalonia regulates cannabis clubs
- Spain raises fines for public possession33 to 31−2
- Cannabis social clubs take root in Spain30 to 33+3
- Spain starts fining possession and use in public34 to 30−4
- Spain takes personal possession out of criminal law11 to 34+23
- Spain adapts its law to the Single Convention
- Spain first restricts cannabis98 to 11−87
More context not part of the score
No licensing for adult-use production; clubs grow collectively at their own legal risk. The medicines agency licenses a few companies for medical and research cultivation, mostly for export.
Clubs offer flower, hash and extracts informally. CBD products are sold widely though not approved for consumption.
A royal decree approved in 2025 created Spain's first formal medical route: standardised preparations prescribed by hospital specialists and dispensed by hospital pharmacies, for a narrow set of conditions.
Fines are not a criminal record. Roadside saliva tests detect any THC, with a €1,000 fine and six licence points regardless of impairment.
All sources
Last updated: