Is Cannabis / THC legal in Spain?
- Legal status
- Private personal use decriminalised; sale illegal; medical cannabis legal under strict conditions (2021 regulations)
- Consequences if caught
- In Spain, personal use or possession in a PRIVATE space is not a criminal offence (decriminalised), and personal cultivation/consumption on private property is permitted. Public consumption or possession in public places, roads or transport is an administrative infraction (not a crime) under Art 36 of the 'Gag Law' — a fine of €601 to €30,000 plus confiscation, with no criminal record (the fine may be suspended if the person enters a treatment programme). Cannabis is named among the controlled substances; as a substance not causing serious harm, trafficking carries 1–3 years (aggravated 6–9). Sale is illegal, and cannabis social clubs operate in a legal grey area.
- If prescribed or medical
- Medical cannabis is legal only under strict conditions (July 2021 regulations); carry the prescription and a Schengen certificate for controlled medicines.
- Documentation
- Carry the prescription and, for controlled medicines, a Schengen certificate; keep medicines in original packaging.
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Spain’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
Contact your own country’s embassy or consulate in the destination immediately — not the destination’s authorities. U.S. citizens: contact the nearest U.S. embassy/consulate and the U.S. State Department at +1-202-501-4444 (from abroad). If a U.S. citizen is arrested or detained abroad →