Now that cannabis is legal in roughly half of US states, many people have taken advantage of the new regulations and are becoming accustomed to the freedoms they allow. We are getting these question from a number of prospective clients: What are the cannabis laws in Spain? Is it legal? Can I consume it without having to worry about legal repercussions? We have written this guide to help people understand the cannabis laws in Spain and what your rights as both a tourist, and Spanish resident, are.

 

Is cannabis legal in Spain?

 

This does not have a simple answer, as the law is nuanced and there are grey areas. In short, it is legal to posses up to 100 grams of cannabis, but strictly for personal use. It must be consumed in your own home, not on the street. This is because Spanish law gives one a lot of rights in their own homes and on private property. Thus the laws restricting cannabis consumption in public cannot be extended to your home.

 

If you visit Spain you will likely see people smoking cannabis in the street, or other public places like swimming pools and outdoor terraces, but this is not legal. The other tricky part of the equation is that even though people can legally posses and consume cannabis in Spain, it is not legal to purchase it.

 

If I can’t purchase cannabis, how can I obtain it?

 

There are two primary ways you can obtain cannabis in Spain: grow your own or join a cannabis club.

 

Grow your own

 

This is the best option if you plan on spending more than a year in Spain. Spanish law entitles one to grow enough cannabis “for personal consumption.” However, there is a grey area here because the law does not state exactly how much this is when the cannabis has not been harvested. Most people tend to agree that the maximum amount allowed is three to five plants per person. However, this is urban legend; there is nothing in Spanish law that stipulates an exact number. In some places growers have been fined for one plant, in other cases plantations of up to 50 plants have been deemed legally acceptable.

 

This further becomes a grey area because you are also allowed to grow cannabis plants on behalf of family members. However, if your nosy Spanish neighbor sees your plants and decides to call the police, you will be subject to a police investigation where you will have to prove who you are growing it for and how much they will be consuming.

 

If you do decide to grow your own, make sure that you do the following so you comply with the cannabis laws in Spain:

 

1. Make sure your plants are not visible from the street, or to the public. Growing cannabis in a window box or your balcony, if it is visible from the street, is illegal. Spanish neighbors often make your business their own, so it’s best to make sure your plants are out of your neighbors’ view.
2. Do not sell your cannabis. Furthermore, make sure you don’t have anything in your home to make it look like you might be selling it, just in case the police pay you a visit. This includes scales, packing bags, client lists or having large amounts of cash laying around. A judge could see all of these items as incriminating evidence if a police investigation is opened.
3. Don’t take your cannabis outside of your home; even possessing the smallest amount can lead to a fine.

 

Do the relatively lenient cannabis laws in Spain give you one more reason you want to move to the country? If so, don’t hesitate to SCHEDULE a FREE APPOINTMENT WITH US and learn about your housing options. Spain is the only country in Europe that hasn’t changed its golden visa laws, making it a very appealing place for a stable real estate investment.

 

Join a cannabis club

 

The ambiguity of cannabis laws in Spain has led to a uniquely Spanish innovation: the cannabis club. These exploit the fact that cannabis is allowed to be consumed on private property and that one can grow cannabis for others, as long as it isn’t sold commercially.

 

Cannabis clubs in Spain are not like coffee shops in Amsterdam or dispensaries in the US. First, you must have an invitation from another member to join the club. They are not clearly marked on the street, as this is illegal. They are more like prohibition era speakeasies in the US than Dutch coffee shops. In fact, if you see someone on the street advertising a cannabis club and inviting you to join, walk away as this is not a legal establishment.

 

After you receive an invitation to join the club, you will be required to show your residence card or passport; legal ID is required to join a cannabis club. They will ask you to fill out some paperwork. Most importantly they will ask you how much you plan on consuming every month. This is where you are giving them a mandate to grow cannabis for your own personal consumption. You will also have to pay a membership fee, which ostensibly goes towards buying the seeds and other items needed for the club to grow your cannabis. Once you are a member, you can then purchase cannabis for your personal consumption.

 

 

Can I take cannabis outside of the club?

 

No, legally you cannot. Cannabis clubs have lockers where you can store the cannabis you purchase. If you want to smoke another time, you technically need to return to the cannabis club to do so. You will see many signs stating that you are strictly prohibited from taking cannabis outside of the club.

 

Practically, people do sometimes take cannabis outside of the club. If you choose to do this, you are breaking the law. Police usually know where cannabis clubs are located and will often search people leaving the club. Should the police find cannabis on you, they can (and usually will) confiscate it, fine you and shut down the club. People we have spoken with that take cannabis outside of a club tell us that: (1) They wait awhile inside the club before leaving, as entering the club and leaving shortly after is a red flag. (2) They put the cannabis in their under garments as Spanish police cannot search your underwear.

 

Where are Spanish cannabis clubs located?

 

The epicenter is Barcelona, but they are located in most major cities; Madrid is said to have 50-60. Many of them are listed on Instagram or Facebook, as opposed to having dedicated websites.

 

Can I bring a friend to a cannabis club?

 

Not as a guest. You can usually sponsor your friend and they can officially join the club. Then, you can bring them inside.

 

Do I need to be a Spanish or EU resident to join a cannabis club?

 

No, all you need it to bring your passport for ID. We are told that a large percentage of the people that frequent these clubs are Americans and American tourists.

 

What happens if I am caught smoking cannabis in public?

 

This depends. Typically, you will get a fine of 300€. However, sometimes police officers will look the other way if you are minding your own business and not disrupting others; because a lot of Spaniards smoke cannabis, police officers often feel they have bigger problems to worry about than enforcing cannabis laws in Spain.  Smoking cannabis is not a criminal act so you don’t have to worry about going to jail, or anything like that. The exception to this is if you have more on you than 100 grams, or you are selling it. These are criminal offenses and can land you in a lot of trouble.

 

Finally, we would like to stress that we do not recommend you do anything outside of the law. The cannabis laws in Spain are lenient enough that there is really no reason to take any risks and do anything illegal.