Cannabis in Basque Country
Cannabis in the Basque Country: national rules on public use, clubs without legal basis, and the San Sebastián seed brand Dinafem.
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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 cannabis is sold in Basque Country
The Basque Country has a long-standing cannabis scene, but its legal position is the same as the rest of Spain. Drug regulation is a state matter, and the Constitutional Court's rulings on regional attempts to regulate cannabis clubs, including Navarre's law in 2017 and Catalonia's in 2018, mean clubs anywhere in Spain lack a legal basis. Verdex therefore does not list them.
Public possession and use are fined under Organic Law 4/2015, from €601, and cultivation visible to the public is also sanctioned, while private use for oneself is not a crime. The region's best-known cannabis company is Dinafem Seeds, a breeder run by Pot Sistemak S.L. from Donostia-San Sebastián; when we checked in September 2026 its own website said it was not selling seeds directly, though its genetics were listed by Spanish grow shops. Medical cannabis in the Basque Country follows Royal Decree 903/2025: standardized preparations prescribed by hospital specialists and dispensed only by hospital pharmacies. People searching for seeds or grow shops in San Sebastián or Bilbao should look for registered retailers that sell to adults only.
Cities in Basque Country
Cannabis in Basque Country: questions
Are cannabis clubs legal in the Basque Country?
No. Drug rules are a state matter, and clubs have no legal basis anywhere in Spain.
Is Dinafem still selling seeds?
Its website said in September 2026 that it was not selling seeds there; some grow shops still listed Dinafem genetics.
