Is Weed Legal in Spain?
May 29, 2026
Cannabis is decriminalized for private use in Spain but illegal in public (fines EUR 601-30,000). Medical program limited. Social clubs tolerated in gray zone.
Cannabis is decriminalized for private use in Spain but illegal in public (fines EUR 601-30,000). Medical program limited. Social clubs tolerated in gray zone.
Recreational cannabis is decriminalized for private personal use in Spain but remains illegal to sell, traffic, or consume in public. Possession and consumption in private spaces fall outside criminal law, while Ley Organica 4/2015 (Citizen Security Law) imposes administrative fines of EUR 601 to EUR 30,000 for public consumption, possession in public, or cultivation visible from public spaces. Cannabis Social Clubs (CSCs) - particularly in Catalonia, Basque Country, and Navarra - operate in a tolerated legal gray zone under privacy and association rights, though Supreme Court rulings (STS 484/2015, 596/2015) have restricted organized cultivation models. On the medical side, Spain approved a regulatory framework in 2024 following the 2022 Health Commission report, with AEMPS overseeing a restricted pharmacy-dispensed program for chronic pain, MS spasticity, chemotherapy-induced nausea, and refractory epilepsy. Full rollout remains slow through 2025-2026, with Sativex the only widely available authorized cannabis medicine.
Decriminalized
Agencia Espanola de Medicamentos y Productos Sanitarios (AEMPS) / Ministerio de Sanidad
No legal THC limit for personal private use (decriminalized); commercial sale prohibited
Ley Organica 4/2015 de Proteccion de la Seguridad Ciudadana; Ley 17/1967 de Estupefacientes
Commercial import and export of cannabis for recreational purposes is prohibited under Ley 17/1967 de Estupefacientes and the 1961 UN Single Convention. Medical cannabis and cannabinoid pharmaceuticals require AEMPS authorization, with import licenses issued only to authorized pharmaceutical operators. Travelers carrying any cannabis across Spanish borders face seizure and criminal trafficking charges under Articles 368-369 of the Penal Code, with penalties of 1 to 3 years imprisonment for small quantities and up to 9 years for aggravated cases.
