Is Marijuana Legal in Spain?

Though the casual use of marijuana in Spain and the abundance of cannabis bars might indicate marijuana is entirely legal, the truth is a little more complex.

In Spain, recreational cannabis is decriminalized for personal cultivation and use. People can possess “reasonable” amounts of marijuana at home for personal consumption, up to 100 grams.

Still, it remains illegal to smoke in public, to buy and sell cannabis, or to possess it in large amounts that indicate trade or dealing.

However, a gray area in Spain’s cannabis laws has led to an explosion of “cannabis clubs,” a popular way for people to acquire and consume cannabis without technically breaking the law.

The cannabis clubs exploit a loophole in Spanish law, and their status continues to be murky.

Because buying or selling cannabis remains illegal, cannabis social clubs (CSCs) operate as private, non-profit organizations where the weed is collectively grown and distributed to registered members.

This might seem like a stretch, but it holds up under Spanish law — one club in Bilbao was taken to court but was eventually found not to be breaking any laws.

About 500 cannabis clubs operate in the country. Most require an ID, membership fee, and evidence of your residence in the country before you can join.

There are also reports of some shadier, more under-the-radar establishments that will allow tourists to sign up on the spot.

What Are the Medical Marijuana Laws in Spain?

Due to the ease of joining a cannabis club, many medical marijuana patients have chosen to acquire marijuana by this method.

Until recently, accessing marijuana for medicinal purposes has been difficult, with only two medications approved for the treatment and generally only prescribed in critical cases.

However, in 2022 the Spanish government passed a bill in favor of medical cannabis reform. By the end of 2022, pharmacies will be able to sell cannabis for medical and therapeutic purposes.

How Do I Get Certified for Medical Cannabis in Spain?

In Spain, the process for accessing medical cannabis is currently being reformed, and changes will be formalized by the end of 2022.

According to the Spanish Observatory of Medicinal Cannabis (OECM), 300,000 people in Spain would benefit from the therapeutic use of cannabis.

The current plan is to create a central registry that lists the names and contact information of patients authorized to use medical marijuana.

This will ensure that the system is not abused and that cannabis is only purchased by those who require it and are allowed to use it.

That said, as all of this is currently being fine-tuned by Spanish lawmakers, there may be further changes to these protocols.

Is Telemedicine Allowed for Medical Cannabis Consultations in Spain?

No. No telemedicine establishments are operating as the process for acquiring a prescription is formalized.

Are There Any Employment Laws Protecting Medical Cannabis Cardholders in Spain?

The concept of being a “cannabis cardholder” in Spain does not yet exist. In time, there will be a central registry of those with medical marijuana prescriptions, indicating that those in the registry will be protected from workplace drug testing.

What Are the Medical Cannabis Product Testing Requirements in Spain?

Until recently, medical cannabis was limited to the prescription drugs Sativex and Epidiolex. The new plan will allow patients to access specific doses of THC created by the pharmacies.

Product testing requirements are still evolving as the country works through the policy shift. However, they will likely be in line with policy elsewhere in the European Union.

Is It Legal To Grow Cannabis in Spain?

In Spain, growing cannabis plants for self-consumption is legal, just as possessing up to 100 grams of marijuana. The number of plants is not specified; it is only made clear that the plants should not be visible from the street and that the buds produced must be for self-consumption.

It’s also legal to buy and sell cannabis seeds in Spain; residents can receive them in the post from other countries.

Large-scale cannabis operations are currently illegal, although the cannabis clubs can produce up to 150 kg of dried cannabis a year.

Where Is It Safe to Purchase Cannabis in Spain?

Currently, there is nowhere to legally “purchase” marijuana for recreational purposes in Spain, but the cannabis clubs allow access to marijuana once you have purchased a membership at the club.

This may seem like an elaborate system, but the fact that participants are technically not exchanging money for marijuana allows the cannabis clubs to exist.

Further, medical marijuana will soon be accessible at Spanish pharmacies for those with prescriptions.

Where Is It Safe To Consume Marijuana in Spain?

In Spain, the consumption of marijuana is safely done within designated cannabis clubs. Individuals may also safely consume marijuana in their private residences. It is still technically illegal to consume marijuana in public.

Still, because there are no penalties for possessing small amounts of marijuana for personal use, there is generally a relaxed approach to smoking marijuana in parks and other public locations.