Is it legal to smoke weed in spain?
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Time to read: 2 min
Smoking cannabis is decriminalized for personal use in private spaces (e.g., at home). However, public consumption is illegal and punishable by fines.
As a consumer, grower and member of over three different cannabis social clubs in Valencia, Barcelona and Benalmádena, I thought it would be helpful to share insights into the legal aspects of growing and consuming cannabis in Spain, as well as the requirements for joining and visiting social clubs.
Understanding the regulations on home cultivation, fines for public consumption, and the operation of social clubs will ensure that you are informed and compliant with local laws when engaging with cannabis culture in Spain.
Fines for Smoking Weed in Public
Smoking cannabis in public places is considered a misdemeanour under Spanish law and can result in fines ranging from €601 to €30,000, as outlined in Organic Law 4/2015 on Public Safety.
Where is it legal to smoke weed in Spain?
Smoking is legal in private spaces such as your home or Cannabis Social Clubs , which operate under legal gray areas with regulations.
It is illegal to smoke in public spaces like streets, parks, or public establishments.
Cannabis social clubs operate in a legal grey area. These clubs are non-profit associations where members can consume cannabis together.
They have to follow strict rules about privacy, self-sufficiency and not advertising to the public.
You also have to pay a one-off entrance fee and get access to the club, usually via an electronic chip for one year.
You will then need to renew and update your details. This will cost you around 20-25 EUR and is done at the club you are joining.
Note that there are rules about staying there for at least 20+ minutes to make sure you get in with the right purpose (socialising and private enjoyment).
Home Cultivation Limits
Personal cultivation is tolerated, with an unofficial limit of 2-3 plants for personal use in private spaces. Exceeding this limit can lead to legal problems.
Remember that your plants should not be visible to the public, for example on the patio, balcony or in the garden.
Penalties for Exceeding the Limit or Selling
Possession of more than a personal amount or involvement in sale/distribution can lead to criminal charges, including prison sentences of 1 to 3 years and higher fines, depending on the amount and involvement in organised crime.
Regulators and Official Sources
Spanish Agency for Medicines and Health Products (AEMPS):
- Regulates the use of cannabis for medical and scientific purposes.
- Controls the production, import and use of narcotics such as THC and CBD.
National Plan on Drugs (PNDS):
- Provides guidelines on the legal framework for drug use, possession and penalties in Spain.
- Focuses on the prevention of drug addiction and the promotion of public health.
Organic Law 4/2015 on Public Security:
- Outlines administrative penalties for public cannabis use and possession.
BOE-A-2017-9367 (Law on Cannabis Associations in Catalonia):
- Regulates the operation of cannabis social clubs and establishes conditions for cultivation, membership and distribution.
National Institute of Toxicology and Forensic Medicine:
- Provides guidelines on psychoactive substance thresholds and related legal implications.
Conclusion and Disclaimer
I just want to say that I don't promote cannabis use and related products, but I do think it's really important to be responsible when you're using them and to make sure you know what the current laws are.
The regulations on cannabis in Spain are pretty strict, including limits on how much you can grow at home and fines for public consumption.
So, it's really important to make sure you're aware of the latest updates before you get involved in any cannabis-related activities.
And always make sure you check out the local guidelines so you can make informed and responsible choices.
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