Cannabis in Spain
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Cannabis in Spain is decriminalized for personal cultivation and use, and other purposes other than sale or trade.Pérez-Lanzac C. (12 September 2008
''El cannabis pelea por un espacio legal. ''
El País.
It's illegal for trade or commercial purposes. Using the legal grey areas in Spanish legislation, cannabis clubs are a popular way for enthusiasts to obtain and use cannabis as a technically-legal private collective. In private places, consumption and possession of reasonable amounts (up to ) is legal.


Cannabis clubs

Several cannabis consumption clubs and user associations have been established throughout Spain. These clubs, the first of which was created in 1991, are non-profit associations that grow cannabis and sell it at cost to its members. The legal status of these clubs is uncertain: in 1997, four members of the first club, the Barcelona Ramón Santos Association of Cannabis Studies, were sentenced to four months in prison and a 3000 euro fine, while at about the same time, the court of Bilbao ruled that another club was not in violation of the law. The Andalusian regional government also commissioned a study by criminal law professors on the "Therapeutic use of cannabis and the creation of establishments of acquisition and consumption. The study concluded that such clubs are legal as long as they distribute only to a restricted list of legal adults, provide only the amount of drugs necessary for immediate consumption, and not earn a profit. The Andalusian government never formally accepted these guidelines and the legal situation of the clubs remains insecure. In 2006 and 2007, members of these clubs were acquitted in trial for possession and sale of cannabis and the police were ordered to return seized crops." About 500 private "cannabis clubs" exist in Spain, 400 of them in
Barcelona Barcelona ( , , ) is a city on the coast of northeastern Spain. It is the capital and largest city of the autonomous community of Catalonia, as well as the second most populous municipality of Spain. With a population of 1.6 million within ci ...
alone, and Spain is spoken of as the " new Amsterdam," a destination for marijuana tourists. All actions related to cannabis apart from sale or trade are not considered criminal offenses, and normally are misdemeanors punishable by a fine.


Medical cannabis

In October 2005, the autonomous government in the region of
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a '' nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the nort ...
launched a program of therapeutic use of Sativex for 600 patients of a wide set of illnesses, from multiple sclerosis to cancer, in order to avoid nausea or to relax tense muscles. The project involves six hospitals, forty researchers and sixty drugstores. The product is presented as an atomizer to be taken orally, and it will be delivered at drugstores inside some hospitals. The full text of the research initiative can be seen, in
Catalan Catalan may refer to: Catalonia From, or related to Catalonia: * Catalan language, a Romance language * Catalans, an ethnic group formed by the people from, or with origins in, Northern or southern Catalonia Places * 13178 Catalan, asteroid #1 ...
, from the
Universitat Autònoma de Barcelona The Autonomous University of Barcelona ( ca, Universitat Autònoma de Barcelona; , es, Universidad Autónoma de Barcelona; UAB), is a public university mostly located in Cerdanyola del Vallès, near the city of Barcelona in Catalonia, Spain. ...
.


Legality

Sale and importation of any quantity of cannabis is a criminal offence, punishable by jail time. The purchase, possession and consumption of cannabis in a public place constitutes a misdemeanour punishable by a fine and confiscation of the product. Consumption and cultivation by adults in a private space is legal, the latter due to a legal vacuum and provided that it is shown to be for one's own consumption. Cannabis plants that are located somewhere visible from the street/public place (i.e. from balconies) are considered a serious administrative offense, which leads to a fine from 601 to 30,000€. Cannabis laws in Spain can vary by
autonomous community eu, autonomia erkidegoa ca, comunitat autònoma gl, comunidade autónoma oc, comunautat autonòma an, comunidat autonoma ast, comunidá autónoma , alt_name = , map = , category = Autonomous administra ...
. For example, in June 2017,
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a '' nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the nort ...
legalised the cultivation, consumption and distribution of cannabis for members of designated cannabis clubs. The clubs must be self-sufficient non-profit organisations and only distribute cannabis to those aged 18 years old and over. Cannabis clubs in Catalonia are also limited to producing 150kg of dried cannabis a year and must follow rules intended to stop drug tourism. The political party Podemos supports legalising and regulating cannabis in Spain. In 2021, the political party
Más País Más País, or More Country, is a political party in Spain. It was an electoral platform formed by Íñigo Errejón around Más Madrid in order to contest the November 2019 Spanish general election. The party is positioned on the left-wing of the ...
introduced a motion to legalise the recreational use of cannabis in Spain. It was supported by
Unidas Podemos Unidas Podemos (), formerly called Unidos Podemos () and also known in English as United We Can, is a democratic socialist electoral alliance formed by Podemos, United Left, and other left-wing to far-left parties in May to contest the 2016 Sp ...
, an
electoral alliance An electoral alliance (also known as a bipartisan electoral agreement, electoral pact, electoral agreement, electoral coalition or electoral bloc) is an association of political parties or individuals that exists solely to stand in elections. E ...
of which Podemos is part of. However, the governing
Spanish Socialist Workers' Party The Spanish Socialist Workers' Party ( es, Partido Socialista Obrero Español ; PSOE ) is a social-democraticThe PSOE is described as a social-democratic party by numerous sources: * * * * political party in Spain. The PSOE has been in gove ...
, often referred to under its abbreviated name, PSOE, voted against the motion.


References

{{Cannabis by country