International Drug Trafficking Lawyers
Defence before the National Court and international judicial cooperation
International drug trafficking is punished under Article 368 of the Spanish Criminal Code (CP)—bringing the drug into or out of Spain is an act of trafficking—and the penalty rises by one or two degrees, up to 13 years and 6 months for substances that cause serious harm to health, where the extreme gravity of Article 370 CP concurs: use of ships, vessels or aircraft as the specific means of transport, simulated international trade, international networks or a quantity notably exceeding the aggravated-quantity threshold; if a criminal organisation is involved (Article 369 bis CP), the penalty is 9 to 12 years for substances causing serious harm to health and 4 years and 6 months to 10 years in other cases, with confiscation of the drugs, the proceeds and the means of transport (Article 374 CP). At Alonso Sala we challenge the chain of custody and the legality of boardings and searches, and prove the defendant's lack of knowledge of the cargo being transported, where applicable.
International Drug Trafficking: The Hyper-Aggravated Type
International drug trafficking constitutes the most severe form of public health offences. Article 370 of the Criminal Code establishes a hyper-aggravated subtype punishing conducts of 'extreme gravity': leadership of an international import or distribution network, use of vessels or aircraft as transport means, and quantities notably exceeding the aggravated-quantity threshold. Art. 370 CP does not impose the penalty in its upper half but one or two degrees above that of Art. 368 CP, plus a fine of one to three times the drug's value: for substances causing serious harm to health (cocaine, heroin) it can reach 13 years and 6 months in prison.
Where the trafficking is committed by an organised gang or group and has effects in the territory of different Provincial Courts (Art. 65.1(d) LOPJ), jurisdiction corresponds to the National Court, through the Investigation Section of the Central Court of Instance and Sections of the Criminal Chamber. Proceedings usually begin as a result of joint police operations with Europol, DEA, or police from origin countries.
Drug Trafficking Routes Affecting Spain
Spain is, due to its geographical position between America, Africa, and Europe, a neuralgic point for global drug trafficking. Main routes include: cocaine from South America, hashish from Morocco, and synthetic drugs from Eastern Europe and the Netherlands.
EncroChat / SkyECC / Anom: The Digital Evidence Battle
Operations against encrypted communication platforms (EncroChat 2020, SkyECC 2021, Anom/Trojan Shield 2021) have generated thousands of criminal proceedings in Europe. In Spain, the Supreme Court sitting in plenary has admitted this data as evidence, so the defence is fought on the details of each case.
Territoriality Principle
The interception was authorised by a French court, without any Spanish judge. The Supreme Court plenary does not treat this as grounds for nullity unless the failure to notify Spain left the accused defenceless in the specific case.
Generic vs. Individualized EIO
The defence often argues that the EIO was generic. The Supreme Court plenary has upheld the EIO issued by the Special Anti-Drug Prosecution Office to transfer the data to Spain, so this argument no longer succeeds in general terms.
Fruit of the Poisonous Tree
If the chats were null, the derived evidence (searches, arrests, seizures) would also be null insofar as it has a connection of unlawfulness with them (Art. 11.1 LOPJ).
Authenticity & Integrity
Data was processed by French police before reaching Spain. How to guarantee it was not altered, selected, or decontextualized?
Controlled Deliveries and International Cooperation
Maritime Containers
Ports of Algeciras, Valencia, and Barcelona are the main entry points. Containers are inspected with X-ray scanners.
Speed Boats and Semi-Submersibles
Galician coast (cocaine) and Strait of Gibraltar (hashish). Arrest in international waters raises jurisdictional issues.
Air Couriers (Mules)
Body transport (internal) or in luggage. Airport risk profiles trigger controls. Mule defence focuses on the minor significance mitigating factor.
Postal Packages and Dark Web
Postal shipments with drugs hidden in legal products. Dark web marketplace purchases with cryptocurrency. Defence challenges postal surveillance without judicial authorization.
Looking for International Drug Trafficking Lawyers in Spain?
Our firm handles defence before the National Court in international drug trafficking macro-cases. From European Arrest Warrant challenges to EncroChat evidence nullity, we build technical defences that question every link in the evidence chain.
Drug Crime Specializations
General Trafficking (Art. 368)
Defence in basic type: cultivation, production, or trafficking. Technical differentiation between substances causing serious harm and those that do not.
Criminal Organization
Defence in macro-cases with multiple accused. Challenging hierarchical structure and membership charges. Art. 570 bis CP.
Cannabis Cultivation
Self-consumption doctrine, indoor/outdoor plantations, electricity fraud, and home search nullity.
Cannabis Clubs
Legal defence of associations and clubs. Limits of shared consumption and Supreme Court doctrine.
Sports Doping
Criminal and disciplinary defence 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 | Next higher degree: 6 – 9 years (serious harm) / 3 years and 1 day – 4 years and 6 months (lesser harm) |
| Criminal organisation (Art. 369 bis) | Art. 369 bis | Organised crime | 9 – 12 years (serious harm) / 4 years and 6 months – 10 years (lesser harm); next higher degree for leaders, managers or administrators |
| Extreme gravity (Art. 370) | Art. 370 | Extreme gravity, use of minors, organisation leaders | Penalty of Art. 368 raised by one or two degrees — up to 13 years and 6 months for serious-harm substances |
| 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
Since the Supreme Court case law of 2015 (including a plenary judgment), ticking a list of formal requirements (adult members, no profit, no advertising) does not make a club lawful: organised distribution to a large and open membership can amount to trafficking. The defence rests on shared consumption within a small, closed group and, where appropriate, on mistake of law.
Challenging the 'Large Amount' Threshold
The threshold (which raises the sentence by one degree) is fixed by case law, not by statute. For cocaine or heroin it is calculated on the substance reduced to purity, so deducting adulterants brings many cases below the line; for hashish and marijuana it is computed on net weight, and the argument is then about the rigour of the weighing.
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 a group of more than two people, stable or indefinite, with tasks shared out in a concerted and coordinated way (Art. 570 bis CP). Sporadic cooperation or a minor role (driver, lookout) does not automatically trigger Art. 369 bis penalties.
Controlled Delivery and Police Provocation
Where there is police provocation (agent provocateur), the provoked offence is not punishable and what was obtained through the incitement cannot be used as evidence. 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 anyone who has voluntarily abandoned the criminal activity and actively collaborates with the authorities: to prevent the offence, to provide decisive evidence to identify or capture other offenders, or to stop the organisation operating. 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 | Practical reference | Penalty impact |
|---|---|---|---|
| Cocaine | 750 g reduced to purity | ~3–5 kg gross | 6–9 years |
| Heroin | 300 g reduced to purity | ~1–2 kg gross | 6–9 years |
| Hashish | 2.5 kg (net weight) | Marijuana: 10 kg (net weight) | 3 years and 1 day to 4 years and 6 months |
| MDMA | 240 g reduced to purity | Depends on the content of each pill | 6–9 years |
| Amphetamine | 90 g reduced to purity | ~300 g gross | 6–9 years |
| Methamphetamine | 30 g reduced to purity | Depends on the purity of the sample | 6–9 years |
The figures come from the table annexed to the Agreement of the Non-Jurisdictional Plenary of the Second Chamber of the Supreme Court of 19 October 2001, drawn up on the criterion of 500 daily doses and the report of the National Institute of Toxicology of 18 October 2001. The quantity is determined on the base substance reduced to purity, except for hashish and its derivatives, where net weight is used: that is why marijuana has its own threshold of 10 kg and is not the gross equivalent of the 2.5 kg of hashish.
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.
As a rule the threshold is calculated on the pure substance after subtracting adulterants and impurities, so gross weight is not the correct measurement and the defence should request an independent quantitative analysis. The 2001 Plenary Agreement expressly excludes hashish and its derivatives from that rule: there the quantity is computed on net weight, and what the defence must contest is the weighing itself.
If police provocation created the intent to commit the offence (the accused would not have acted without the provocation), the offence is not punishable and the accused must be acquitted; the evidence obtained through the incitement cannot be used either. 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. Defence may request dismissal or downgrading of charges.
Oral Hearing
Trial before the Criminal Section or the Provincial Court depending on the penalty (basic cannabis trafficking goes to the former, substances causing serious harm to the latter), or before the National Court where an organised group acts with effects in several provinces or the offence was committed abroad. Duration: 1 day to several months in macro-cases.
FAQs: International Drug Trafficking
What is Article 370 of the Criminal Code?
Which court has jurisdiction in international trafficking?
What is a European Arrest Warrant?
Can EncroChat evidence be used against me in Spain?
What is an international controlled delivery?
Can I be extradited for drug trafficking?
Do 'mules' receive the same sentence as leaders?
What is Mutual Legal Assistance (MLA)?
Can I be arrested at the airport with drugs in my body?
What role do SEPBLAC and Interpol play?
Can pretrial detention last the entire investigation?
What happens if drugs are seized in international waters?
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