Is Smoking Cannabis Legal in Spain? What the Law Says in 2026

The short answer is: it depends on where and how. In Spain, the private use of cannabis is not a criminal offence. But smoking in the street, cultivating certain quantities or sharing with friends can give rise to anything from an administrative fine to a conviction for drug trafficking. As criminal defence lawyers, we break down the current legal situation.

1. Private Use: Legal (Not an Offence)

The use of cannabis in a private space (your home, a private dwelling) is neither a criminal offence nor an administrative infringement in Spain. The right to privacy prevails.

2. Use in Public: a Fine (Public Safety Law)

Smoking cannabis in the street, a park or any public space is a serious administrative infringement (Art. 36.16 LO 4/2015). Sanctions: a fine of 601 to 30,000 euros; no criminal record; replaceable by detoxification treatment if requested.

3. Carrying Cannabis: How Much Is Legal?

There is no fixed "legal" quantity. The Supreme Court uses as a reference a supply of 3-5 days of use: cannabis/marijuana up to around 25 grams; hashish up to around 100 grams. Below these quantities, the police usually process an administrative fine. Above them, they may arrest you for presumed trafficking (Art. 368.2 CP).

4. Cultivation for Personal Use: a Grey Area

• 1-2 plants for personal use: generally considered personal use if it is shown to be for personal consumption.
• Larger plantations: trafficking is presumed. The number of plants, the cultivation means (lights, ventilation) and the electricity bills are indications courts assess.

5. Cannabis Clubs: Are They Legal?

Cannabis social clubs operate in a grey area. The Supreme Court established 5 cumulative requirements for shared use not to be trafficking: habitual and identified users; use in a closed, private place; a quantity proportionate to immediate use; simultaneous use (not to take away); and a total absence of profit. Most investigated clubs have been convicted for failing to meet all the requirements.

6. When Is It an Offence? Art. 368.2 CP

Cannabis trafficking is punished with prison of 1 to 3 years and a fine. It is a substance that does NOT cause serious harm to health (Art. 368.2 CP), so the penalties are lower than for cocaine. Notable quantity: from 10 kg of hashish or marijuana, the penalty rises to 4-6 years.

Frequently Asked Questions

Can I be fined for smelling of cannabis? No. Smelling of cannabis is not proof of current use in public, but it can give rise to a lawful police search.

Can I lose my driving licence over one joint? Yes. Testing positive in a drug check (saliva) is a traffic infringement with a 1,000-euro fine and the loss of 6 points, even if you are not impaired at the time.