Modified on: 30/10/2023
Do you want to know if hemp is legal in Spain? Find out what the law says about the consumption and detention of cannabis
At the moment, the subject of CBD weed is still at the center of numerous debates as each country has different laws regarding its possession, distribution and cultivation.
Broadening the horizons, however, it is possible to notice a greater opening towards CBD cannabis and hemp and their benefits abroad compared to our nation.
In Spain, one of the most liberal and innovative countries, the culture of cannabis has quickly spread and therefore, there are several regulations that allow its use.
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According to various statistics, Spain is, in fact, one of the countries with a high consumption of marijuana (used mainly for recreational purposes) but you can find also a lot of cbd shop all around the main cities.
Is hemp for personal use legal in Spain?
The consumption of Marijuana for personal use, in Spain, has been decriminalized but not made legal in all respects.
We must immediately pay attention to a fundamental aspect: this does not mean that hemp can be consumed anywhere and without limits.
All this means that personal use is allowed in private spaces or in specific clubs (Cannabis Social Club).
The possession of marijuana in public is, on the contrary, considered illegal: if you have more than 50 grams, the penalties can also be serious, while, instead, if the quantity of hemp is less than 30/40 grams you risk being subjected to fines (starting from 300 euros up to 630).
As for cultivation, what does Spanish law say about it?
Growing hemp in Spain: legal or illegal?
Cannabis cultivation is also legally accepted, again according to the law (“Ley Mordaza”) promulgated in 2015 but not very clear.
In fact, according to the main interpretations, the cultivation must take place in private places, far from the “public”. In fact, cultivation is tolerated if done by self-consumption, while the sale is a crime.
Wondering how many plants can be grown in Spain?
Also here the question does not appear to be entirely clear due to the internal differences that characterize the Spanish territory: for example in Madrid it is possible to grow two marijuana plants per house, while in Barcelona it is not allowed.
Owning hemp, on the other hand, is always possible within the limits of our private space or in the clubs mentioned above. In addition, the weight must be limited so as to prove personal use and not the sale of the product itself (punished with imprisonment of 3/4 minimum years – the penalty varies according to the weight possessed -).
On the other hand, public consumption also involves fines whose prices range from € 600 to € 10,000 if there is no criminal record and if it is not considered by the authorities to be a “serious circumstance”.
The main problem is that deciphering and respecting the regulations in force appears complicated: the quantity that can be owned / cultivated legally is not explained.
Currently, the only way to understand the quantities that can be held is to calculate one’s annual cannabis consumption by multiplying the grams consumed daily by 365.
This can naturally lead to problems, as not all consumers have the same habits. There are also consumers that prefer to buy CBD hash or CBD flower.
Finally, the difference between legal / illegal in Spain is quite controversial.
To better clarify the situation it is important to reiterate that cultivating in public spaces is not permitted, so much so that one must keep one’s own plants even far from windows / balconies so that they are not exposed to neighbors.
Let’s go back to cannabis consumption: probably by reading the previous paragraph you have asked yourself some questions about the Cannabis Social Club. Let’s see below what they are.
Read also: How to store marijuana optimally
Cannabis Social Club, where cannabis use is legal
The Spanish Cannabis Social Clubs are not profit-making organizations, but places where hemp consumers meet to grow and consume hemp in the community, without the participation of third parties. The aim is generally to limit illegal sales of marijuana.
Being a member of these clubs means not only buying in maximum security, but above all implying a conscious consumption of the product of which you know the quality, avoiding problems related to drugs considered “high risk” due to their poor quality.
In the CSCs, the members enter into a collective agreement to indicate the consumption of the group, so as to “justify” the quantities sold based on the individual use of each member.
Based on the listed characteristics of these clubs where cannabis is allowed, it is clear that those who belong to them are not exposed to risks. On the contrary: they enjoy legal protection and contribute to the improvement of society by moving away from the illegal store.
It is very important to know that these associations are legally bound not to advertise: this is why it is necessary to register – and the number of members must be limited.
We have not yet talked about legal therapeutic cannabis in Spain. Read the following paragraph to know everything about it!
Use of cannabis for therapeutic purposes in Spain
Summing up, in Spain the consumption, cultivation and possession of marijuana are illegal unless they take place in personal, non-profit places and for one’s own consumption. In this case it is not totally legal, but we speak of decriminalization.
Now, it is also good to clarify the use of cannabis not for recreational purposes, but for therapeutic purposes: in legal terms, in Spain there is no difference between cannabis for recreational purposes from that for therapeutic purposes. In Spain it is also possible to find CBD flower shop or CBD online shop, these kind of shop could be a better choice for the consumers that prefer to experience something lighter than the traditional weed.
At the moment, the only medicine that can be used with cannabis extracts is Sativex, useful for patients with multiple sclerosis and obtainable only thanks to specific medical prescriptions.
After having exposed the opportunities deriving from the Spanish opening regarding hemp and its diffusion, it is evident that this is only a small step to reach, perhaps, a greater freedom of judgment towards this product.