Bud aroma is a term used to describe the scent of cannabis flowers. In Spain, the laws surrounding cannabis are complex and constantly evolving. While recreational cannabis is decriminalized for personal cultivation and use, it is not fully legalized. This means that while Spaniards are allowed to possess and use small amounts of cannabis in private spaces, public consumption and possession are considered misdemeanors and can result in fines.
The country is known for its cannabis social clubs, which operate in a legal grey area. These clubs, prevalent in regions like Catalonia and the Basque Country, allow members to collectively cultivate and use cannabis within private settings. To join these clubs, individuals often need referrals from existing members, and some clubs admit only Spanish citizens.
When it comes to medical cannabis, Spain is making strides toward broader legalization. In 2022, the Spanish Congress approved a report recognizing the therapeutic potential of cannabis. Currently, products like Sativex and Epidiolex are available for specific medical conditions, but access remains limited.
What You'll Learn
Cannabis laws in Spain
The sale and importation of cannabis are criminal offences, punishable by jail time and fines. Drug trafficking is considered an offence in the Criminal Code, and penalties depend on the nature of the crime. Prison sentences range from one to three years for drugs that do not cause serious health damage, such as cannabis, and up to 21 years if aggravating circumstances are present. Fines are imposed, and substances, instruments, and profits are confiscated.
Cannabis "social clubs" exist throughout Spain, particularly in Barcelona, Catalonia, thanks to the legal loophole decriminalising consumption in private places. These clubs operate as private organisations, cultivating cannabis plants on their premises. Members pay a fee to access cannabis in a controlled manner and have a say in the club's practices, such as the strains grown and management.
The clubs must be registered in a regional registry of associations, reduce harms associated with cannabis supply and consumption, remain closed to the public, impose daily personal allowances, and ensure on-site consumption. They are non-profit entities, with members paying fees only to cover production and management costs.
While CBD is legal in Spain, it must contain no more than 0.2% THC. It is also legal to manufacture CBD privately but not publicly. Cannabis seeds can be bought, sold, and received via post from other countries.
Medicinal cannabis laws in Spain are less progressive. Patients find it challenging to obtain prescriptions for products containing over 0.2% THC due to a lack of differentiation between recreational and medicinal use in legislation. Sativex is the only medicine available, and it is costly and exclusively for multiple sclerosis patients.
Some political parties, like Podemos and Más País, support legalising and regulating cannabis. However, others, such as the People's Party and the Socialist Party, oppose these motions.
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Cannabis social clubs
Where are they located?
Who can join?
To join a cannabis social club in Spain, you must be 21 or older. Although not a legal requirement, in practice, you will also need to be sponsored by an existing member. Most clubs require members to register with a Spanish address, preferably residential.
While buying weed inside a cannabis club is illegal, members pay a fee to procure pot from the club in a legal and controlled way. Members are invited to relax, socialise, and smoke. Many clubs also permit certain levels of cannabis cultivation.
With changing attitudes towards cannabis consumption in Spain, the private cannabis club industry is small but growing. Assuming legalization efforts continue to move forward, Madrid may one day surpass Barcelona as the cannabis club capital of Spain.
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Medical cannabis
Spain's Cannabis Laws
Spain has a decentralised government with 17 communities and two cities that operate autonomously, resulting in varying levels of liberalism in cannabis legislation across the country. In some regions, people are permitted to grow, possess, and consume cannabis in their homes or on private property. However, smoking marijuana in public, including in parked cars on public streets, is illegal and carries a minimum fine of €300.
Spain does not have a formal medical marijuana program, and physicians are not allowed to prescribe it to their patients. However, medical marijuana can be obtained through over 700 private cannabis clubs for adults over 21 with proof of residency. These clubs are permitted to grow up to 150 kg of medical marijuana per year. It is important to note that taking marijuana across borders is considered drug trafficking and will result in jail time and fines.
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Catalonia's Approach to Cannabis
The autonomous region of Catalonia, where Barcelona is located, is the most liberal in its cannabis regulation. While public consumption of cannabis is illegal in Catalonia, there are no limits on how many plants an individual can grow on private property or how much medical marijuana they can obtain.
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Home cultivation
In 2017, Catalonia legalised the cultivation, consumption, and distribution of cannabis via registered cannabis clubs. These clubs must be self-sufficient non-profit organisations, can only produce 150kg of dried weed per year, and must follow certain regulations to comply with local laws.
The outdoor cannabis-growing season in Spain starts in May. If you want to grow larger plants with lots of foliage, you should germinate your seeds indoors in April. Harvest time is usually in late October, but this can vary depending on the strain.
When preparing your outdoor grow space, ensure it is clean, receives ample sunlight, and is not visible from any public place. You can use a pH meter, scissors, pots, soil, and nutrients to help your plants grow. Keep your young seedlings indoors for the first two weeks following germination, and use feminized or autoflowering seeds to grow strong, resilient seedlings.
When moving your seedlings outdoors, choose a location with ample sunlight and protection from heavy winds and rainfall. Overwatering cannabis can be harmful, as it can drown the roots and attract fungi and pests. Pay attention to weather forecasts and move your plants indoors if there is a risk of prolonged heavy rainfall.
Keep your budding plants as dry as possible during the final weeks of flowering. For the best results when harvesting, trim your buds while wet and hang them upside down in a dark place.
Some recommended cannabis strains for outdoor growing in Spain include White Widow Automatic, Critical, and Amnesia Haze.
Remember to always follow local laws and regulations when cultivating cannabis at home.
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Hemp and CBD
Spain has a long history with hemp, dating back to the early 8th century when Arabs brought cannabis to the country. In the 12th century, the first hemp mill was founded in Alicante, and hemp was used for textiles, clothing, and cordage. Today, Spain is a member of the European Union (EU) and follows EU rules for the hemp industry. Farmers are allowed to grow industrial hemp with less than 0.2% THC, but the laws around CBD are stricter.
Until 2018, CBD products were easily available over the counter in Spain. However, with the EU's Novel Food Regulation, things changed. This regulation includes hemp-derived CBD sold as supplements and food products, and it has made the Spanish CBD market chaotic. Currently, the only legal CBD products sold in Spain are cosmetics and topicals, and CBD with less than 0.2% THC is permitted only for external use.
The situation has created legal uncertainty for operators and users, as Spain allows the importation and commercialization of hemp and CBD products from other EU member countries but prevents national production. This paradoxical situation harms the interests of Spanish farmers and entrepreneurs, who are at a competitive disadvantage.
There have been efforts to promote education, responsible regulation, and innovation in the cannabis sector, with events like the Cannabis Breakfast held in Madrid in May 2024. Experts have pointed out the need for a specific regulation to support the development of the hemp sector in Spain, arguing that neither the non-psychoactive flower nor CBD are narcotics and should not be supervised or controlled.
Despite the legal challenges, there is a growing interest in hemp cultivation in Spain due to its non-traditional uses, such as CBD and its derivatives. Hemp is a versatile plant with a wide range of applications, including the production of sustainable materials, food, and biofuels. It is also environmentally friendly, helping to decontaminate soils and reduce CO2 levels.
In summary, while Spain has a rich history with hemp and CBD, the current regulatory landscape is complex and restrictive. There is a push for more clear and cohesive regulations to support the development of a competitive Spanish hemp market and take advantage of the plant's environmental and economic benefits.
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Frequently asked questions
No, it is illegal to smoke cannabis in public in Spain. The consumption of cannabis is decriminalized for personal cultivation and use, but it is illegal to consume it in public spaces. Doing so can result in fines and confiscation of the substance.
No, it is illegal to sell or purchase cannabis in Spain. However, it is legal to buy cannabis seeds and growing equipment.
Yes, it is legal to grow cannabis at home in Spain for personal use. However, the plants must not be visible from public areas, and the number of plants allowed varies by region.