Blog category
Drug Trafficking
15 articles on drug trafficking: penalties, case law and defense strategy. See the practice area →
Article 368 Spanish Criminal Code: The Drug Trafficking Offence (2026)
Article 368 of the Spanish Criminal Code: drug trafficking penalties by substance (3-6 or 1-3 years), the mitigated subtype of 368.2 and the aggravated forms of articles 369 and 370.
Arrested with Drugs at a Spanish Airport: What to Do and How to Defend It
Being arrested at Barajas or El Prat with drugs —as a 'courier' or for transport, including body-packing— is an offence against public health (Art. 368 CP), often aggravated. The defence focuses on lack of knowledge of the load, the lawfulness of the search and the evidence.
Illegal Search and Seizure in Drug Cases in Spain
In drug cases the evidence almost always comes from a search. If the search of the car, the home or the person was carried out without safeguards, the evidence may be excluded (Art. 11.1 LOPJ) and drag down everything derived from it.
Offences Against Food Safety and Public Health (Arts. 363-365 CP)
Arts. 363 to 365 CP punish making, selling or adulterating food harmful to health. It is an offence of danger: we explain the penalties and the defence.
International Drug Trafficking: From Art. 368 to Art. 370 CP
How drug-trafficking sentences are built: the basic offence (Art. 368), the aggravations of Art. 369, criminal organisation (369 bis) and extreme gravity (370).
Drug Trafficking Sentence for a First Offence in Spain
What sentence does drug trafficking carry for a first offence in Spain? The basic offence under Art. 368 CP starts at 3 years, so a clean record alone does not guarantee a suspended sentence. We explain why, and the routes that exist.
Fuel Supply to Drug Boats (Art. 568.2 CP) in Spain
The new Art. 568.2 CP, introduced by Organic Law 1/2026, criminalises the unlawful and reckless handling of liquid fuels used to supply drug boats.
Arrested With Drugs in Spain: Rights and Defence Guide 2026
Arrested with drugs? First of all: do NOT make a statement. A complete guide to your rights as a detained person, reference quantities and the difference…
Cocaine Trafficking Penalties in Spain 2026: Complete Guide
What penalties does cocaine trafficking carry in Spain? A complete analysis of Art. 368.1 CP: basic type, notable quantity and criminal organisation.
Is Smoking Cannabis Legal in Spain? What the Law Says in 2026
Cannabis in Spain (2026): what is legal, what the Public Safety Law fines (600-30,000 euros) and when it becomes a criminal offence.
Cannabis Clubs in Spain: Legality and Criminal Risks (2026)
Is a cannabis club legal in Spain? We analyse Supreme Court doctrine, the requirements for shared consumption, the real criminal risks and how to defend…
Wiretapping in Drug Cases: When They're Void and How to Challenge Them
Wiretapping in drug trafficking cases: when surveillance is void and how to challenge it in court (2026).
Drug Trafficking for Home Marijuana Cultivation: Defence
Accused of drug trafficking for growing marijuana at home: defence guide distinguishing personal use from distribution.
Art. 368 CP: Crimes Against Public Health and Drug Trafficking
The keys to criminal defence in drug trafficking offences, from the nullity of wiretaps to disputing purity and 'notable importance'.
EncroChat & SkyECC: Nullity of Evidence in Drug Trials
Analysis of the latest Supreme Court and CJEU rulings on the mass interception of encrypted communications.
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