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Is Weed Legal in Spain?
Cannabis is not fully legal in Spain, but it's also not fully prohibited. What matters most is where you possess or consume it.
If you consume cannabis in your own home, you generally face no penalty. Cannabis clubs are a different matter: there is no register that makes them lawful, and the Supreme Court has held that organised club cultivation and distribution is a criminal offence (see below). Possession or consumption in public, however, is a misdemeanor under Spain's Ley Orgánica 4/2015. Fines ranging from €601 to €30,000 can be imposed for this.
There is no prison sentence for personal use. It only becomes a criminal offense when possession or cultivation suggests that the cannabis is intended for sale or trafficking.
- At home: Possessing and consuming cannabis within your own four walls is not a criminal offense. Spanish courts hold that private personal use does not need to be prosecuted, as long as no one else is harmed.
- In public: Anyone who possesses or consumes cannabis on the street or in other public places commits a serious misdemeanor under Article 36.16 of the Ley Orgánica 4/2015. Police can issue a fine directly, without the need for a court proceeding.
- Social Clubs: Cannabis Social Clubs are tolerated in places, but they are not legal. These are private, non-profit associations in which adult members grow and use cannabis together, mainly in Catalonia and the Basque Country.
There is no authorisation regime for them anywhere in Spain, and registering an association confers no protection. In STS 484/2015 (Pleno of the Criminal Chamber, 7 September 2015) and again in STS 698/2016, the Supreme Court held that organised, institutionalised cultivation and distribution by a cannabis association is a criminal offence under Article 368 of the Criminal Code, and that the members' belief that the club was lawful is no defence. The Constitutional Court also annulled Catalonia's cannabis-club law. Some small, closed associations continue to be tolerated in practice, but that is enforcement discretion, not a legal right.
Is there a permitted maximum amount?
No. Spanish law does not specify a fixed gram limit for personal use.
When police seize cannabis, courts assess the amount against reference values from the National Institute of Toxicology to judge whether it points to personal consumption or to trafficking.
A threshold of around 100 grams of dried flower (and about 25 grams of hashish) is often cited. It comes from a non-binding plenary agreement of the Supreme Court's Second Chamber of 19 October 2001, applying the toxicology tables as roughly five days of average consumption. It is not written into law and it is not a safe harbour: scales, packaging, cash or messages can still point a court towards trafficking well below that figure.
| Situation | Legal basis | Consequence |
|---|---|---|
| Consumption or possession at home | No criminal offense | No penalty |
| Consumption or possession in public | Ley Orgánica 4/2015, Art. 36.16 | Fine of €601 to €30,000 |
| Cultivation or possession suspected of drug trafficking | Código Penal, Art. 368 | 1 to 3 years in prison, more in severe cases |
| Driving under the influence of drugs | Ley sobre Tráfico | Fine and driver's license measures |
What about CBD?
Different rules apply to CBD and THC.
Spain permits the cultivation of approved EU hemp varieties. The 0.3% THC figure is the EU agricultural threshold that has applied since 1 January 2023; Spanish agricultural guidance still refers to 0.2% for some purposes. The important point is a different one: growing hemp for fibre or grain needs no authorisation, but growing it in order to obtain CBD or cannabinoid extracts from the flower requires authorisation from the Spanish medicines agency AEMPS, whatever the THC content.
What may lawfully be sold is narrower than many shops suggest. CBD is not an authorised novel food in the EU, so CBD intended to be eaten or drunk cannot be lawfully marketed as a food. Competent-authority guidance also treats cosmetic use of flower-derived CBD as not currently permitted.
CBD flower for smoking is the most contested category of all. Case law is split: some courts acquit, relying on the Court of Justice of the EU ruling in Kanavape (C-663/18, 19 November 2020), while the Supreme Court upheld a conviction in December 2022 on the basis that flowering tops are a drug in the absence of AEMPS authorisation. Raids, seizures and shop closures continue and vary from region to region, even where the products contain little or no THC.
CBD oils, creams, and other products not intended for smoking are far less frequently challenged.
Two recent changes worth knowing
Medicinal cannabis. Real Decreto 903/2025 of 7 October 2025, in force since 10 October 2025, created Spain's first medicinal-cannabis framework. Standardised preparations are prescribed only by hospital specialists and dispensed only through hospital pharmacies, for a closed list of indications such as multiple-sclerosis spasticity, refractory epilepsy, chemotherapy-induced nausea and refractory chronic pain. Flower for vaporisation is excluded.
Private vehicles. Instrucción 7/2025 of the Secretaría de Estado de Seguridad (May 2025) instructs police not to sanction consumption or possession inside a private vehicle parked on a public road, on the basis that it is not a "public place" for the purposes of Article 36.16.
Please read this carefully before you act on it: cannabis and CBD law changes regularly across Europe, and enforcement can vary by region even when the written law does not. This article reflects the legal situation at the time of writing. Before you order products, travel with them, or make any decision based on this information, check the current status yourself through an official source, the national gazette, the relevant ministry, or a licensed local lawyer, rather than relying only on this page or on any other single website. This article explains the legal background; it does not replace individual legal advice.
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