Appeal a cannabis fine in Spain
Fined for carrying or using cannabis in the street, for visible plants or for a roadside drug test? We review your file and prepare the objections or appeal to try to have the fine cancelled or reduced.
Send us your fine and we will tell you if it can be appealed
Tell us what the notice says and when you received it. Deadlines are short: the sooner we review it, the more defence options you will have.
- Deadlines: you usually have 15 working days from notification to submit objections.
- Full review: we check the police report, the evidence on the substance, the notification and the limitation periods.
- All of Spain: fines from any Government Delegation or Sub-delegation and from the Traffic Authority (DGT).
Direct line for fine appeals: +34 637 655 294
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How we work
How we appeal your fine
We review the notice
We check which article is being applied, the proposed amount and how much time you have left to act.
We analyse the file
We request the police report and the analysis of the substance, and look for procedural, evidential or time-limit defects.
We file objections or an appeal
We draft the submission and follow the proceedings until the decision, including the administrative courts if necessary.
Which fines we appeal
Most common cannabis fines in Spain
Use or possession in the street
Article 36.16 of the Public Safety Act. A serious offence with fines from €601.
02Visible cultivation
Plants visible to the public on balconies, terraces or windows (article 36.18), when it does not amount to a crime.
03Roadside drug test
Driving with drugs in your system: €1,000 and the loss of 6 points under the Traffic Act.
04Use on premises
Penalties for those responsible for premises or associations that tolerate consumption (article 36.19).
05Discarding paraphernalia
Leaving items used for consumption in public places, also covered by article 36.16.
06Fines for minors
Minors can request suspension of the fine if they take part in re-education or treatment programmes.
Can a cannabis fine be appealed in Spain?
Yes. Many fines for smoking joints or carrying cannabis are paid without being checked, and some contain defects that allow them to be cancelled or reduced. These are the grounds we most often look for in the file:
- Lack of evidence on the substance: the authorities must prove that what was seized was a narcotic substance. We check whether it was analysed and whether the result is in the file.
- Not a public place: article 36.16 punishes use and possession in public streets, places, establishments or transport, not in a private home.
- Defects in the report or notification: incomplete details, vague facts or an incorrectly served notification.
- Limitation periods: serious offences become time-barred after one year, and the proceedings lapse if the decision is not notified within one year.
- Disproportionate amount: if you are given a fine above the minimum without justification.
Deadlines: objections, early payment discount and appeal
When you receive the notice opening the sanction proceedings you generally have 15 working days to submit objections and propose evidence. Within that same period you can pay with a 50% reduction, but paying ends the proceedings and means giving up your objections. That is why it is worth having the fine reviewed before you pay.
If the authorities issue a sanction decision, you can still appeal it administratively, usually within one month, and then before the administrative courts.
A fine is not a criminal record
Penalties under the Public Safety Act are administrative: they do not create a criminal record. They are recorded in the Central Register of Public Safety Offences and may be taken into account if you are fined again. If the quantity seized or the circumstances suggest a possible crime, the case becomes criminal and we advise you through our cannabis criminal defence service.
Frequently asked questions
Questions about cannabis fines in Spain
How much is the fine for carrying cannabis in the street in Spain?
Possession or use in a public place is a serious offence under article 36.16 of the Public Safety Act, with fines from €601 to €30,000. In most cases the minimum band is applied, starting at €601.
How long do I have to appeal the fine?
From the notification of the start of proceedings you generally have 15 working days to submit objections. The final decision can be appealed administratively, usually within one month, and then before the administrative courts.
If I pay with the 50% discount, can I appeal afterwards?
Voluntary payment with the reduction ends the proceedings and means giving up the right to submit objections. If you think the fine is wrong, talk to us before paying.
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, which may be taken into account if you are fined again, but it is not a criminal record.
Do cannabis fines expire?
Serious offences become time-barred after one year. In addition, if the authorities do not notify the decision within one year of the start of proceedings, the proceedings lapse.
What if the fine is for a positive roadside drug test?
It is governed by the Traffic Act: driving with drugs in your system is punished with a €1,000 fine and the loss of 6 points. It can also be appealed. We explain it in our guide to drug test penalties.
How much does it cost to appeal the fine with you?
First we review your case and tell you whether it has a chance. Before we start, we give you a fixed quote so you know the cost from the outset.