Criminal Lawyers for Street-Level Drug Dealing
Defense in street-level drug dealing (menudeo) cases. Small quantity defense and alternative sentencing.
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Street-level drug dealing (menudeo) refers to the retail distribution of narcotics in small quantities, typically in public spaces. It is the most common form of drug trafficking prosecution in Spain, often targeting vulnerable individuals who sell to fund their own addiction.
Street Dealing Law
Street dealing is the retail sale of drugs: small quantities, street transactions, usually to end consumers. Legally it remains a trafficking offence under Art. 368 CP —there is no autonomous "street dealing offence"—, but its minor nature is precisely what opens the door to the mitigated subtype. These proceedings usually begin from police surveillance at specific points of sale, which places the identification of the seller and the reliability of what the officers observed at the centre of the case. Distinguishing the small seller —often a consumer too— from organized trafficking is essential to situate the reproach correctly.
Penalties
The base penalty is 1 to 3 years for substances that do not cause serious harm and 3 to 6 years for those that do. The decisive tool, however, is Article 368.2 CP, which allows courts to impose a penalty one degree lower when the facts are of "lesser significance", considering the small quantity, the offender's personal addiction, the absence of an organizational structure and a first offence. Its application is not automatic: it requires a joint assessment of these circumstances, and it marks the frontier between a suspendable sentence and actual prison entry, since sentences under two years can have their imprisonment suspended.
Defense Options
Our defense combines the goal of qualification with the attack on the evidence: applying for the mitigated type (Art. 368.2) based on quantity and personal circumstances; challenging police surveillance evidence (observation conditions, identification reliability —especially in operations with multiple suspects—, chain of custody); presenting drug addiction as a mitigating circumstance (Art. 21.2 CP); and negotiating alternative sentences (drug treatment programmes, community service) that avoid imprisonment, including the suspension conditioned on treatment of Art. 80.5 CP.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Base Penalty | 1-3 years for non-harmful substances, 3-6 for harmful. |
| Mitigated Type (Art. 368.2) | Reduced penalty for minimal quantities and circumstances. |
| Sentence Suspension | Possible for first-time offenders with sentences under 2 years. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Mitigated Type
Applying Art. 368.2 CP for reduced penalties based on lesser significance.
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.
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