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Reviewed Sep 2026Decriminalized

Cannabis in Spain

Cannabis in Spain: private use tolerated, public use fined, hospital-only medical cannabis under Royal Decree 903/2025, legal seed and grow shops.

This page is about Spain — not the country you picked in the header.

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The rules

Key rules in Spain

Plain-language summary. The regulator is AEMPS (Spanish Agency of Medicines and Medical Devices).

  • Possession

    Possession or use in public places is a serious administrative offense (fines €601–€30,000, Organic Law 4/2015 art. 36.16). Private possession for own use is not a crime.

  • Home grow

    Not regulated as a right. Cultivation visible to the public is a serious administrative offense (art. 36.18); private cultivation for own use is generally not prosecuted.

  • Public use

    Prohibited in streets, public establishments and public transport; fines from €601.

  • Sales

    No legal retail sale of THC cannabis. Seeds, growing equipment and cosmetic CBD are legal.

  • Medical cannabis

    Since 10 October 2025 (RD 903/2025): standardized preparations prescribed by hospital specialists and dispensed by hospital pharmacies only.

  • Social clubs

    No legal framework; Catalonia's club law was annulled by the Constitutional Court in 2018.

  • Driving

    Driving with drugs present in the body is prohibited except prescribed therapeutic use; €1,000 fine (Traffic Law art. 14 and 77).

Summary, not legal advice — rules change; check local law. Last reviewed Sep 2026.

How it works

How cannabis is sold in Spain

Spain has no legal market for recreational cannabis, but its rules are more relaxed in private than many visitors expect. Possessing or using cannabis in public places is a serious administrative offense under Organic Law 4/2015 on public security, with fines from €601 to €30,000, and so is growing plants where the public can see them. Private use and small-scale cultivation for one's own consumption are not treated as crimes, while selling or supplying cannabis remains drug trafficking under the Criminal Code.

Medical cannabis arrived in regulated form with Royal Decree 903/2025, published on 9 October 2025 and in force from 10 October 2025. It allows standardized cannabis preparations, with defined THC and/or CBD content and registered with the medicines agency AEMPS, to be made up as standardized magistral formulas. Only specialist doctors working in hospital care may prescribe them, and only hospital pharmacy services may dispense them. In January 2026 AEMPS published a National Formulary monograph for an oral oil solution containing THC and/or CBD and opened the registration procedure for preparations. Flower for smoking is not part of the framework, and by August 2026 access still varied between regions. AEMPS separately licenses cannabis cultivation for research and medical production; its July 2026 list named nine production licensees, among them Linneo Health and Phytoplant Research.

Seeds, grow shops and CBD are legal businesses. Cannabis seeds are not controlled, so seed banks and grow shops operate openly across the country, usually selling seeds as collectibles to adults. CBD is sold mainly as a cosmetic, and shops typically label their products for external use; CBD is not authorized as a food. Hemp flower sales exist but sit on uncertain legal ground.

Cannabis social clubs are the best-known feature of the Spanish scene, especially in Barcelona, yet they have no legal basis. The Constitutional Court annulled Catalonia's 2017 club law in 2018, holding that drug regulation belongs to the state. Clubs cannot legally advertise and are exposed to prosecution, so Verdex does not list them. Drivers face zero tolerance: under the Traffic Law it is an offense to drive with any drugs present in the body, except prescribed medicines used as directed, with a €1,000 fine.

Cannabis in Spain: questions

Is cannabis legal in Spain?

Not for recreational sale. Private use is not a crime, but public possession or use is fined from €601 under Organic Law 4/2015. Medical preparations are available only through hospitals.

How does medical cannabis work in Spain since 2025?

Royal Decree 903/2025 lets hospital specialists prescribe standardized cannabis preparations registered with AEMPS, dispensed only by hospital pharmacies. It took effect on 10 October 2025.

Can I grow cannabis at home in Spain?

There is no legal allowance, but private cultivation for one's own use is generally not prosecuted. Plants visible from public places can bring a fine of €601 or more.

Are cannabis clubs legal in Spain?

No. They operate in a legal gray area. The Constitutional Court struck down Catalonia's club law in 2018, and clubs may not advertise.

Is it legal to buy cannabis seeds in Spain?

Yes. Seeds are not controlled, and seed banks and grow shops sell them openly to adults, usually as collectibles.

Can I drive after using cannabis in Spain?

No. Spain applies zero tolerance to drugs in a driver's body, tested with saliva kits; the fine is €1,000. Prescribed medicines used as directed are exempt if the driver is fit to drive.

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