Is Weed Legal in Spain?

March 24, 2021

Is Weed Legal In Spain?

The laws and regulations in Europe and specifically Spain surrounding marijuana are complicated, so if you are thinking of trying it, it’s good to familiarize yourself with the legal aspects. The truth is that Spain’s laws around the possession, use, and purchase of weed will vary depending on the situation and are different from nearby Portugal and the Netherlands.

That’s why we wrote this quick guide to explore the grey areas of cannabis legalization and private clubs in Spain for both THC and CBD marijuana.

Is Marijuana Legal in Spain?

In short: yes, but also no.

As of writing this, it is explicitly illegal in Spain to sell marijuana. Getting caught could lead to jail time and a fine, with the extent of the punishment depending on how much you are caught selling and if you have prior offenses. It is also illegal to smoke marijuana in any public space — on the street, in a park, on public transport, and so on. It is even illegal to smoke it in your own car while in public places.

But it is also legal in Spain to grow cannabis plants, own and smoke marijuana for your own personal use as long as it is in your own home, which is helpful, especially for medical marijuana purposes. You can also purchase seeds, supplies, and related products to become a grower of your own weed, either for medical cannabis or not. The only qualifier is that wherever you grow, your weed cannot be seen from public view.

You are also allowed to smoke marijuana on other private properties aside from your own home. That’s why, since the 2015 law Spain enacted to decriminalize it, there has been an increase in the number of members-only cannabis clubs held in private spaces. The set up can vary from purely recreational fun to more medical purposes with doctors within the club to oversee the use of cannabis.

These clubs do come with some regulations based on cannabis laws:

All clubs charge a membership fee.
All members must be 21 years old or older.
All members must be Spanish citizens.

The reason why marijuana is legalized, or at least decriminalized, in Spain for personal residences and private clubs is because of how its constitution is written. More specifically, it comes down to two of Spain’s constitutional rights.

Constitutional Right to Privacy

Spain’s constitution guarantees its citizens a right to privacy as it extends to almost everything. As long as you are doing something in the privacy of your own home, where the public cannot see it, you are legally allowed to do almost anything and can avoid a criminal offense. There are some apparent exceptions, but this right has extended to the possession, cultivation, and consumption of marijuana.

So you cannot grow weed on a balcony that overlooks a public road or smoke it on a sidewalk outside your home. But you can do both within enclosed private spaces. This includes your home — and private social clubs. This brings us to the second part of the Spanish constitution that applies here.

Constitutional Right to Association

The Spanish constitution also gives its citizens the right to associate with people who share similar interests. Specifically, Spanish citizens have the right to organize into groups for social reasons. It can be for professional reasons, such as associations for lawyers or woodworkers. It can be for hobbies such as football, art, or chess. It can also be for weed enthusiasts.

The same caveats as the right to privacy apply here as well. As long as you are in a private space that is not accessible or viewable by the public, you can organize a club for almost anything. However, violating the laws by including any weed club activities in public spaces can lead to hefty legal fines and punishments.

Joining a Cannabis Club in Barcelona

It should be noted that the application of these two constitutional rights to grant legal (or decriminalized) status to smoking weed in clubs is something of a loophole. That’s why cannabis social clubs can provide a big benefit to weed enthusiasts in Barcelona’s cannabis culture.

For example, you do not purchase any weed from a club when you join. Becoming a member of any of the private cannabis clubs means you participate in the cultivation of marijuana within its private space. All marijuana that is grown can be dispersed among its members when they wish to have some at the club.

For legal reasons, the club will limit how much cannabis each member can have. It comes with some restrictions for personal use. There are no rigid regulations on this, so different clubs may have different limits. However, a general idea would be five grams per day with additional limits per month for an individual to smoke cannabis.

This covers all of the broad information you need to know about weed’s legal status in Spain. If you want to know more about other areas of marijuana’s legal status in Spain

outside of clubs, it is good to perform more specific research. You can also contact specific clubs — such as the Dragons Chamber Club — for more details, or you can reach out to a lawyer for clarification on specific questions you may have to ensure you are sticking to the laws of the land.

For questions specific to joining a marijuana club in Barcelona, check out our FAQ page for further information.