Cannabis law in Spain: frequently asked questions
Clear answers from specialist lawyers to the most common questions about using, growing, cannabis clubs, CBD, businesses, medical cannabis and drug tests in Spain.
Topics
Choose your topic
Use and possession
Smoking or carrying cannabis at home, in the street or in the car.
02Growing
Plants at home, visible cultivation and seeds.
03Cannabis social clubs
Setting up and running a cannabis social club.
04CBD and hemp
CBD products, flowers and industrial hemp.
05Cannabis businesses
Grow shops, licences and companies in the sector.
06Medical cannabis
Therapeutic use and regulation.
07Arrests and criminal defence
What to do if you are arrested or investigated.
08Driving and drug tests
Positive tests, fines and points.
These answers are for guidance only and are based on current Spanish law. Every case is different: for a specific assessment, send us an online consultation or call us on +34 919 532 802.
01 · Frequently asked questions
Use and possession
Is it legal to smoke weed in Spain?
Using cannabis in a private space is neither a crime nor an offence. In public streets, establishments or public transport it is a serious offence under article 36.16 of the Public Safety Act, with fines from €601 to €30,000.
Is it legal to have cannabis at home in Spain?
Possession for personal use in private is not a crime. It can become a crime under article 368 of the Criminal Code if the quantity, the way it is stored or other evidence suggests it is intended for others.
How much cannabis counts as personal use?
The law does not set a figure. The courts look at the quantity and its purity, whether it was divided into doses, whether there was cash, scales or dealing equipment, and whether the person is a regular user.
Can I be fined for carrying cannabis in the car?
Yes. A vehicle on a public road is considered a public place for possession purposes and, if you drive after using cannabis, you can also be penalised for a positive roadside drug test.
Does a cannabis fine give me a criminal record?
No. It is an administrative penalty. It is recorded in the Central Register of Public Safety Offences, but it does not create a criminal record.
02 · Frequently asked questions
Growing
Is it legal to grow cannabis at home in Spain?
Growing for personal use in a place that cannot be seen is not a crime in itself, but it can be investigated if there are signs that the harvest is intended for others. If the plants can be seen from the street, it is a serious offence under article 36.18 of the Public Safety Act.
How many cannabis plants can you have in Spain?
There is no legal number of plants. The courts look at the expected yield, the weight of the harvest, the space and growing equipment, and any signs of sale.
What happens if the police find plants in my home?
The police can only enter your home with your consent, with a court warrant or if a crime is being committed in plain sight. You have the right to remain silent and to be assisted by a lawyer: ask for one before giving any explanation.
Is it legal to sell cannabis seeds?
Seeds contain no THC and selling them is legal in Spain, usually as collectors’ items. What you cannot do is promote or facilitate growing them to produce drugs.
03 · Frequently asked questions
Cannabis social clubs
Are cannabis clubs legal in Spain?
There is no national law regulating them. They are set up as non-profit associations, and since 2015 the Supreme Court has set strict limits on shared cultivation and distribution among members. Outside those limits there is a criminal risk.
How do you set up a cannabis association?
You need at least three founding members, a founding charter, articles of association and registration in the relevant register of associations. It is advisable to draft the articles and internal rules with specialist advice.
Can a cannabis social club sell cannabis?
No. Selling cannabis, even between members, can be considered drug trafficking. That is why how members’ contributions and consumption control are organised is key.
What are the risks for a cannabis association?
Criminal risks, if the activity is considered trafficking, and administrative risks, such as fines for tolerating consumption on the premises (article 36.19 of the Public Safety Act) or problems with the municipal licence.
04 · Frequently asked questions
CBD and hemp
Is CBD legal in Spain?
CBD is not on the lists of narcotic substances, but whether it can be sold depends on the type of product: food, cosmetics, oils and smokable products are subject to different rules. Before launching a product, you should check its legal status.
Can you sell CBD flowers in Spain?
Selling hemp flowers for human consumption remains contentious in Spain and has led to fines and criminal cases. It is one of the riskiest products in the sector.
How much THC can industrial hemp contain?
In the European Union, hemp varieties authorised for cultivation must have a THC content of 0.3% or less. They must also be varieties listed in the Common Catalogue.
What is the difference between THC and CBD?
THC is the psychoactive component of cannabis and is controlled as a narcotic. CBD is not psychoactive and is not on the lists of narcotic substances, although there are limits on how it can be sold.
05 · Frequently asked questions
Cannabis businesses
Is it legal to open a grow shop in Spain?
Yes. Selling growing equipment, seeds and accessories is legal. What can cause problems is advising on or facilitating the cultivation of cannabis to produce drugs, or selling products containing THC.
What permits does a CBD or cannabis business need?
It depends on the activity: a municipal opening licence, health registrations for food or cosmetics, labelling that complies with the rules and, in some cases, authorisations from the Spanish Agency of Medicines.
Can you get a licence to grow cannabis in Spain?
Yes, but only for medical or scientific purposes. Licences are granted by the Spanish Agency of Medicines and Medical Devices (AEMPS) after a demanding process covering technical and security requirements.
06 · Frequently asked questions
Medical cannabis
Is medical cannabis legal in Spain?
In October 2025 Spain approved a royal decree regulating standardised cannabis preparations for medical use, prescribed by specialist doctors and dispensed by hospital pharmacies. There are also authorised cannabinoid-based medicines.
Can I grow cannabis for medical use?
No. Medical cannabis regulation does not allow home growing. Growing at home is subject to the same rules as any other cannabis cultivation.
What does a company need to work with medical cannabis?
An AEMPS authorisation to grow, manufacture or distribute, as well as compliance with the applicable pharmaceutical quality and security standards.
07 · Frequently asked questions
Arrests and criminal defence
What should I do if I am arrested for cannabis in Spain?
Stay calm, do not make a statement without a lawyer and do not sign anything without reading it. You have the right to remain silent, to be assisted by a lawyer of your choice and to have a family member informed.
What is the penalty for cannabis trafficking in Spain?
Article 368 of the Criminal Code punishes trafficking in substances that do not cause serious harm to health, such as cannabis, with one to three years in prison and a fine. If the offence is minor, the judge may impose a lower sentence.
Can the police enter my home without a warrant?
Only with your consent or if a crime is being committed in plain sight. Otherwise they need a court warrant, and an unlawful entry can invalidate the evidence obtained.
Do you have lawyers available 24 hours a day?
Yes. In criminal defence we handle emergencies 24 hours a day on +34 919 532 802.
08 · Frequently asked questions
Driving and drug tests
How long does cannabis show up in a saliva drug test?
It depends on the amount and how often you use it. In a saliva test, THC can be detected from a few hours up to several days in regular users.
What is the fine for a positive roadside drug test in Spain?
Driving with drugs in your system is a very serious offence: a €1,000 fine and the loss of 6 points. If you are also driving under the influence, it can be a road safety crime.
Can I refuse a roadside drug test?
No. Refusing the tests is a crime under article 383 of the Criminal Code, punishable by six months to one year in prison and loss of your licence for one to four years.