Legal status of cannabis in Barcelona

So, is cannabis legal here in Spain? Well, the answer is yes and no, the truth is that the current legal status of cannabis in Spain is a little more complicated, than in other countries.

Briefly about marihuana in Spain

Legally:

  • you CAN’T buy or sell cannabis
  • you CAN’T carry cannabis
  • you CAN’T consume it in public places

In fact it’s all that you should know.

Nonetheless:

  • you can become a member of a cannabis club and consume cannabis within the clubhouse
  • you can grow 2 plants in your private property and it cannot be in a public view

It’s also cannabis legal in Barcelona to buy and sell paraphernalia, such as seeds and other hemp products.

However, if you have already visited Barcelona, you probably could smell the specific scent in various parts of the city, including its center, or saw people with a spliff in their hands.

Or maybe you heard that you can get into those very cannabis clubs without being local. All these facts mean that it’s not so bad with smoking weed here. In the further I will describe two more points of our issue to complete my investigation, is pot legal in Barcelona…

  • Firstly, how it works with the local law.
  • Secondly, how it happens for real.

Сurrent legal status of marijuana in Spain

So, briefly, what we have at 2020 in the legislative sphere in Spain as a whole.

Sale and importation of any quantity of cannabis are illegal, it’s a criminal offense, punishable by jail time. The purchase, possession and consumption of cannabis in a public place constitutes a misdemeanor punishable by a fine and confiscation of the product.

Consumption and cultivation by adults in a private space are legal, the latter due to a legal vacuum and provided that it is shown to be for own consumption. It means marijuana decriminalized for personal use, but ONLY in a private place.

Cannabis plants that are located somewhere visible from the street/public place (ie. from balconies) are considered a serious administrative offense, which leads to a fine from 601 to 30,000€.

While personal use of marijuana was decriminalized, there is no Medical Marijuana system here in Spain, so no doctor in Spain can recommend or prescribe cannabis and there is no structure to fill a prescription even if they could.

Catalonia domestic legislation

And now something more interesting in relation to the region, which is discussed in this article, I want to remind, that Barcelona belongs to Catalonia autonomous community. In June 2017, Catalonia legalized the cultivation, consumption and distribution of cannabis for members of designated cannabis clubs.

Legal basis of cannabis social clubs

The clubs must be self-sufficient non-profit organizations and only distribute cannabis to those aged 18-years-old and over. They will be limited to producing 150 kg of the dried cannabis a year and subject to rules designed to stop drug tourism.

In 2014, officials in the Catalan capital Barcelona attempted to curb the boom in cannabis use over fears the city was growing to rival Amsterdam as a marijuana haven. Under the new legal framework, members will not be able to acquire cannabis for 15 days after joining a club.

Rules designed to stop drug tourism also include the following requirements:

  1. show government-issued photo identification, whether it is a driver’s license, passport, etc
  2. and you have to be sponsored by an existing member.

The existence of cannabis clubs was made possible by two legal rules of the Spanish constitution:

  1. the right to private space and the right to association. Concerning private space, the point is according to the law of Spain, in your private space, you can do whatever you want. The main thing is that it does not interfere with others; this is The Constitutional Right to Privacy.
  2. Also, in accordance with the laws, people have the right to associate in associations of interests.

laws on cannabis in barcelona and A combination of these two legal points makes it possible to realize the concept of cannabis clubs.

Some restrictions arising from it and strict regulations involved for cannabis clubs: entrance to the club should be restricted (in the form of membership), as well as some other nuances, such as advertising, is prohibited and no profit. These weed legal places, where people unite in a confined space and enjoy the right to legally grow weed and consume cannabis. Thus it was actual legalising and regulating marijuana of consuming cannabis inside those clubs cannabis.

But the possession and sale of cannabis are prohibited, so, the taking away of weed out of the club is prohibited, also in legal terms, when you pay for a for hemp in a club it is not a sale, you just making contributions for that they grown legal hemp for you.

 

Real situation with marijuana in Barcelona

And now let’s see what’s happening in reality. There are a couple of ways, on how to get joint in Barcelona:

  1. first is the g̶o̶o̶d̶ old fashioned black-market way, which I strongly don’t recommend doing if you’re not from here and don’t speak the language like myself. It’s actually not difficult to find marijuana the old-fashioned way here but you could find yourself in some sketchy situations with some shady characters, remember, you in another country.
  2. The same applies to people on the street promoting “coffee shops”. The majority of clubs don’t work this way, and be careful of those who do. These establishments are always selling very low quality at a premium price, or worse… just luring tourists to take advantage of them.

By the way, if you still decide to stock up some hemp walking around Barcelona. You’d like to know that as long as you’re on the street (a public place), your entire body is also public, except for the crotchular region. So I guess you already knew, where’s the best place to keep marihuana.

Summing up, although the situation with the legal status of cannabis in Barcelona may seem complicated to you. In fact, it’s one of the best places to get the finest weed, you ever tasted. And do this legally, simple and in a pleasant atmosphere.

Full information about cannabis social clubs in Barcelona and concrete steps you should take to join it, you may find in our article.

 

AUTHOR

Arthur Henderson

Cannabis culture researcher, journalist and consultant of cannabisguidebarcelona.com

 

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