Arrested With Drugs in Spain: Rights and Defence Guide 2026

If you have just been arrested with drugs, the first thing to know is that you have the right not to make a statement (Art. 24.2 of the Constitution). Anything you say to the police will be transcribed in the report and used against you at trial. As criminal defence lawyers, this guide explains your rights and the quantities that mark the line between a fine and prison.

1. First of All: Do NOT Make a Statement

1. Do NOT make a statement to the police without a lawyer present.
2. Do NOT unlock your phone or give your PIN code.
3. Do NOT consent to searches voluntarily. Require it to be put in writing.
4. Request a lawyer immediately (private or court-appointed, maximum 8-hour wait).
5. Memorise the circumstances: who arrested you, where, what they said, whether they read you your rights.

2. Quantities: Fine or Offence?

There are no fixed quantities in the law. They are case-law references from the Supreme Court (a supply of 3-5 days of use):

* Indicative quantities according to Supreme Court case law. They are not fixed legal figures.

3. Your Rights as a Detained Person (Art. 520 LECrim)

• Right to silence: you have no obligation to answer any question.
• Right to a lawyer: private or court-appointed. Maximum 8-hour wait.
• Right to a phone call: you can inform a relative of your arrest.
• Right to an interpreter: if you do not speak Spanish fluently.
• Right to medical assistance: if you need it.
• Maximum 72 hours: after that period, you must be brought before the court or released.

4. Administrative Fine vs. Criminal Offence

Administrative infringement (LO 4/2015, Art. 36.16): a fine of 601 to 30,000 euros, no criminal record, replaceable by detoxification treatment.

Criminal offence (Art. 368 CP): prison of 1-6 years depending on the substance, a criminal record, confiscation of assets and vehicles.

5. What Are "Indications of Trafficking"?

• Quantity: above the Supreme Court's reference quantities.
• Splitting: drugs divided into individual bags.
• Sale materials: precision scales, zip bags.
• Divided cash: small notes with no justification.
• Client list: lists on the phone with quantities and names.

Frequently Asked Questions

Can they search my car without a court order? The police can carry out a superficial search of the vehicle if they have well-founded reasons. An exhaustive search requires specific indications. An unlawful search makes the evidence null.

Do I have to give my phone PIN? NO. The content of the phone requires court authorisation.