Is weed legal in Spain?

Spain is in aloophole regarding total cannabis regulation, whether it is on a recreational or on a medicinal level. Despite society’s will to decriminalize marijuana’s growth and consumption, there is still an existing mandatory regulation that hinders the work of the cannabis industry. It restricts self-consumption due to the legal interpretations that define the law. For this reason, people wonder if weed is legal in Spain; as they like the idea of growing their own strains, especially after finding out about the scientifically proven benefits of marijuana.

What is the actual law regarding marijuana?

The Law on the Protection of Public Safety (from now on LPPS), which has been in force since the first of July of 2015 and is also known as “the Gag Rule”; details that those being in possession of drugs or consuming them in public places will receive a fine that will range between 601-10400 euros, depending on the aggravating circumstances. If the confiscated amounts were aimed at third parties, then it is a crime against public health and therefore; penalized with 3 to 6 years of jail plus a fine that triples the value of the drugs; according to what says in article 368 of the Penal Code.

Hence, the conclusion is that cannabis consumption is not illegal in Spain as long as consumption “doesn’t take place in public areas”. Nowadays, there are private cannabis associations, also known as cannabis clubs, formed by adults that decide to become members and comply with the requirements established by each non-profit organisation.

Is it legal to grow weed in Spain?

Taking the actual regulations into consideration, the legal interpretation of the law concludes that growing cannabis is only illegal when it is for illicit trading. LPPS, more concretely article 36, section 18, states that planting and growing different types of drugs, psychotropic or narcotic substances in places with public visibility is a serious infraction as long as they constitute a penal infraction. The following section also considers that owners or managers of public places that allow such consumption or illicit drug trading are committing a serious infraction.

Consequently, growing marijuana is not illegal as long as the plants hiding from public view and targeted to self-consumption. State Security Forces are entitled to search private homes and establishments if there are suspicions of profit-making purposes; but of course, they’ll have to be in possession of a court order. The legal bases that avail the growth of cannabis plants is stated in articles 18 and 22 of the Spanish Constitution; which guarantees the legal right to privacy and associative relations. The Magna Carta permits all Spanish citizens to freely perform private activities without authorities’ forays. And also the right to join any non-profit organisation.

There is a loophole regarding the self-consumption delimitation amount; as there is no precise dose that accounts how much can each person ingest or grow. The CONFAC (cannabis associations federation) suggests a monthly consumption of 60 g per member; but such recommendation is not in any Spanish law.

CBD, The Great Lure

CBD oil, also known as cannabidiol oil, has become one of the most popular cannabinoids with medicinal purposes; due to the numerous studies and researches that prove its anti-spasms, anti-emetic, anti-inflammatory and neuro-protective properties, among others. As a result of its thriving rise, plenty of CBD products have entered the market, for topical, ornamental or dietary uses.

The World Health Organisation (WHO) concluded in 2017 that “CBD is not addictive nor causes harmful effects to human health”; and it doesn’t produce psychoactive effects capable of altering consumers’ conscience. Despite this thesis, there has been no legal re-formulation, therefore there is no law regulating this substance.

The European Court of Supreme Justice ruled a new legal framework that facilitates the merchandising of products with CBD and impedes any European member state from prohibiting such activities; as long as the substances are a legal extract of the cannabis sativa plant in another European country. Nevertheless; the AEMPS (Spanish Agency of Drugs and Sanitary Products) is still reluctant to legalize CBD or at list included among the list of dietary supplements.

What’s the legal future of growing marijuana in Spain?

Nowadays, different political parties – availed by the vast majority of the Spanish Society- are willing to completely reformulate the current legal framework; in order to regulate its therapeutic use and meet the needs of medicinal cannabis consumers. On the other hand, parliamentary differences focus in the regulation of marketing and recreational uses; as well as in adding a new regulation to serve as a base for cannabis’ self-cultivation.

Canada is a reference when it comes to establishing a new legal framework in Spain. This North American region legalized its consumption in 2018 and regulated sales and distribution methods; becoming the first G20 nation that enabled free marijuana production and consumption.

Spain is still away from reaching complete normalization of cannabis cultivation. However, new events are moving towards this long-dreamed objective, such as the United Nations Organisation recognizing marijuana’s therapeutic properties. This international entity has removed cannabis from the Single Convention on Narcotic Drugs of 1961; a list that embraces harmful body substances. Thereto, the creation of a concise legislation that includes the requirements of the cannabis industry, endorsed by the vast majority of society, is much needed.