Can I use or grow cannabis?
Tolerated in private; not in the street. In Spain, using cannabis and growing it for personal use in a private space (your home) is not a crime: courts tolerate growing a few plants for personal use. But using, holding or growing it in view in public is an administrative offence under the Public Safety Law ('Ley Mordaza', LO 4/2015), with a fine of EUR 601 to 30,000 (no criminal record). Selling, trafficking and growing amounts that suggest trafficking are crimes. Cannabis clubs operate in a legal grey area.
📋 The rules
- Use and home growing at home: tolerated, not a crime
- Cannabis in public: a 'Ley Mordaza' offence
- Fine for use/possession in public: EUR 601 to 30,000
- Selling and trafficking: a crime
- Large amounts or many plants: presumed trafficking
🔓 Exceptions
- Cannabis clubs (non-profit associations): grey area, members only, adults
- Medical cannabis: specific framework under development
- Low-THC CBD is sold, but with use restrictions
⚠️ Penalties & fines
Using or holding cannabis in public is a serious 'Ley Mordaza' offence: a fine of EUR 601 to 30,000, reducible by paying early and/or undergoing treatment. No criminal record, but an administrative one. Selling, growing for trafficking or holding large amounts are crimes against public health (prison). Driving under the influence of cannabis brings a fine and lost points.
📎 Official sources
- National Drug Plan · Legislation →
- BOE · Organic Law 4/2015 (Public Safety) →
- Administración · Drug use and penalties →
❓ Frequently asked
Is smoking cannabis at home legal?
Using cannabis at home, a private space, is neither a crime nor an administrative offence. The tolerance is limited to strictly private use and personal consumption; it doesn't cover selling or giving to others.
What's the fine for smoking joints in the street?
Using or holding cannabis in public is a serious 'Ley Mordaza' offence, with a fine of EUR 601 to 30,000. It doesn't create a criminal record, but it is an administrative penalty, reducible in some cases.
Can I grow cannabis at home?
Growing a few plants for personal use in a private, non-visible space is tolerated. But a large number of plants, or visible growing or growing for sale, can be presumed trafficking and a crime.
Are cannabis clubs legal?
They operate in a legal grey area: non-profit associations of adult members who grow and use in private. They can't sell to the public or advertise, and have faced varying court rulings.
And medical cannabis?
Spain is developing a framework for medical cannabis under health control. Outside that framework, self-directed therapeutic use stays subject to the general rules above.
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