Arrested with Drugs? Emergency Criminal Lawyer
First: DO NOT MAKE STATEMENTS. Call us. Everything you say will be used against you
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If you've just been arrested with drugs:
- 1DO NOT TESTIFY to police. You have the right to remain silent.
- 2Request to speak with a lawyer BEFORE any statement.
- 3DO NOT unlock your phone. DO NOT give your PIN code.
- 4DO NOT consent to searches. Demand written record if you refuse.
- 5Memorize circumstances: who detained you, where, what they said.
Quantities: Administrative Fine or Criminal Offense?
| Substance | Personal Use (fine) | Trafficking (crime) | Basic penalty |
|---|---|---|---|
| Cannabis / Hachís | ≤ 25-100g | > 100g | 1-3 years |
| Cocaine | ≤ 7,5g | > 7,5g | 3-6 years |
| Heroin | ≤ 3g | > 3g | 3-6 years |
| MDMA / Éxtasis | ≤ 1,3g (4-5 past.) | > 1,3g | 3-6 years |
| Methamphetamine | ≤ 3g | > 3g | 3-6 years |
| GHB | ≤ dosis única | >1 dose | 3-6 years |
* Indicative quantities per Supreme Court case law. Not fixed legal figures. Each case is assessed individually.
Your Rights as a Detainee (Art. 520 LECrim)
Right to Silence
You have no obligation to answer any question. Silence CANNOT be held against you.
Right to a Lawyer
Police must provide a lawyer (private or court-appointed) before any statement. Maximum 8-hour wait.
Right to a Phone Call
You have the right to make a phone call to a family member or trusted person to inform them of your detention.
Medical Assistance
You can request medical attention if needed. The doctor must document any injuries or intoxication state.
Administrative Fine vs. Criminal Offense
receipt_longAdministrative Infraction
- infoLO 4/2015, Art. 36.16
- infoFine from €601 to €30,000
- infoDoes not generate a criminal record
- infoReplaceable with detoxification treatment
- infoPublic consumption or possession in consumption quantities
gavelCriminal Offense
- dangerousArt. 368 Criminal Code
- dangerous1-6 years imprisonment depending on substance
- dangerousCriminal record for years
- dangerousAsset and vehicle seizure
- dangerousPossession with trafficking indicators (scales, bags, cash)
Need an Emergency Lawyer?
Every minute counts. What you say or do in the first hours after arrest can determine whether you end up with an administrative fine or years in prison. Contact our criminal defense team.
hubDrug Crime Specializations
General Trafficking (Art. 368)
Defense in basic type: cultivation, production, or trafficking. Technical differentiation between substances causing serious harm and those that do not.
Criminal Organization
Defense in macro-cases with multiple accused. Challenging hierarchical structure and membership charges. Art. 570 bis CP.
International Trafficking
Import/export, containers, and National Court jurisdiction. Transnational criminal law. Art. 370 CP.
Cannabis Cultivation
Self-consumption doctrine, indoor/outdoor plantations, electricity fraud, and home search nullity.
Cannabis Clubs
Legal defense of associations and clubs. Limits of shared consumption and Supreme Court doctrine.
Sports Doping
Criminal and disciplinary defense in sports doping. Art. 362 quinquies CP. Prohibited substances and anti-doping controls.
Drug Crimes in Spain: Defence Guide for Trafficking, Possession and Cannabis Clubs
Drug offences are among the most prosecuted crimes in Spain. Articles 368-378 of the Criminal Code distinguish between drugs that cause serious harm to health (cocaine, heroin, amphetamines) and those of lesser harm (cannabis, MDMA). This distinction is pivotal — it directly determines the minimum and maximum prison sentences applicable.
Penalty Table: Drug Offences
| Offence | Article | Substance type | Penalty |
|---|---|---|---|
| Basic drug trafficking | Art. 368 | Serious harm (cocaine) | 3 – 6 years |
| Basic drug trafficking | Art. 368 | Lesser harm (cannabis) | 1 – 3 years |
| Aggravated trafficking (Art. 369) | Art. 369 | Large amounts/minors | 4.5 – 9 / 1.5 – 4.5 years |
| Criminal organisation (Art. 369 bis) | Art. 369 bis | Organised crime | 9 – 12 years |
| International trafficking (Art. 370) | Art. 370 | Cross-border/large scale | Upper half of applicable range |
| Personal possession (own use) | Not criminal | Personal amounts | Administrative fine only |
Key Defence Strategies
Own-Use Defence (Art. 368 CP)
If the quantity found corresponds to personal consumption patterns and there are no aggravating signs (scales, bags, large amounts of cash), the defence argues the substance was for personal use — not a criminal offence.
Cannabis Social Club Defence
Legally constituted cannabis clubs do not constitute drug trafficking if: membership is adult-only, closed distribution, no profit, no promotion, and quantities correspond to established consumption levels.
Challenging the 'Large Amount' Threshold
The threshold for 'large amount' (notoria importancia) is fixed by case law, not statute. Precise weighing with deduction of adulterants can bring quantities below the threshold.
Breaking the Chain of Custody
Drug evidence is often challenged on chain of custody grounds. Procedural irregularities in seizure, sealing, transfer or analysis can invalidate the forensic evidence.
Criminal Organization: Proving Role
Being part of an organisation requires stable, hierarchical structure. Sporadic cooperation or a minor role (driver, lookout) does not automatically trigger Art. 369 bis penalties.
Controlled Delivery and Police Provocation
Evidence obtained through unlawful police provocation (agent provocateur) is inadmissible. Distinguish between undercover infiltration (lawful) and provocation of an offence that would not otherwise occur.
Specific Mitigating Factors in Drug Offences
Addiction (Art. 21.2 CP)
Proven drug dependence can operate as mitigating (simple), highly qualified mitigating, or even incomplete defence, significantly reducing the penalty. Requires psychological and medical expert reports demonstrating that the addiction affected the offender's ability to understand the unlawfulness of their conduct.
Active Collaboration (Art. 376 CP)
Provides a 1-2 degree penalty reduction for the informant who supplies effective evidence to identify other suspects or dismantle the organisation. The information must be NEW, VERIFIABLE, and USEFUL. Strategic assessment is crucial before cooperating.
Shared Consumption Doctrine
The Supreme Court has defined 5 cumulative requirements: habitual identified consumers, closed premises, moderate quantity for immediate use, simultaneous consumption, and absence of profit. Failure of any one requirement converts the conduct into trafficking.
'Notoria Importancia' Thresholds by Substance
| Substance | Threshold (Pure) | Gross equivalent (approx.) | Penalty impact |
|---|---|---|---|
| Cocaine | 750 g pure | ~3–5 kg gross | 6–9 years |
| Heroin | 300 g pure | ~1–2 kg gross | 6–9 years |
| Hashish | 2,500 g THC | ~10 kg material | 1.5–4.5 years |
| MDMA | 240 g pure | ~720 pills | 6–9 years |
| Amphetamine | 90 g pure | ~300 g gross | 6–9 years |
| Methamphetamine | 15 g pure | ~30 g gross | 6–9 years |
Key Supreme Court Rulings
The Supreme Court confirms that cannabis clubs are lawful if they are genuinely closed associations, membership is strictly adult, no promotion is carried out beyond the membership, and quantities do not exceed personal consumption patterns. Any failure of these conditions may constitute drug trafficking.
The 'large amount' threshold must be calculated on the pure substance after subtracting adulterants and impurities. Gross weight is not the correct measurement. The defence should always request an independent quantitative analysis.
If police provocation created the intent to commit the offence (the accused would not have acted without the provocation), evidence is excluded under Art. 11.1 LOPJ. Mere opportunity provided by an undercover officer does not amount to provocation.
From Arrest to Trial: Key Procedural Stages
Arrest & Police Custody
Maximum 72 hours. Right to a lawyer and to remain silent. Never testify without your lawyer present.
Court Hearing (Art. 505 LECrim)
Within 72 hours. Judge decide: release, bail, or pretrial detention. Critical hearing for drug trafficking cases.
Investigation Phase
Analysis of evidence, expert reports (toxicology, purity). Period to challenge wiretaps and searches. Duration: 6-18 months.
Interim Order / Indictment
Prosecution formalises charges. Defense may request dismissal or downgrading of charges.
Oral Hearing
Trial before Provincial Court (basic trafficking) or National Court (organisation/international). Duration: 1 day to several months in macro-cases.
FAQs: Arrested with Drugs
I was caught with drugs, what do I do?expand_more
How much drug can I carry without it being a crime?expand_more
Can police search me on the street?expand_more
Do I have to make a statement at the police station?expand_more
What if the drugs were for personal use?expand_more
Can I request a court-appointed lawyer at the police station?expand_more
Can they keep my mobile phone?expand_more
How long can they keep me detained?expand_more
Can I go to pretrial detention?expand_more
What's the difference between administrative infraction and crime?expand_more
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