The legal framework
The Penal Code punishes trafficking and cultivation for trafficking (article 368: 3 to 6 years for drugs causing serious harm to health, 1 to 3 for the others such as cannabis, with a reduction for minor cases and aggravations up to 9 years), not consumption or possession for personal use. Organic Law 4/2015 on Citizen Security (article 36.16) makes consumption or possession of drugs in public places, and abandoning paraphernalia, a serious infraction with a fine of 601 to 30,000 euros (usually 601), suspended for minors who follow treatment; cultivation visible from the public highway as well. Private home-growing for personal use is not an offence according to Supreme Court case law, and cannabis social clubs, tolerated in Catalonia and the Basque Country, were held to be trafficking by the Supreme Court when they go beyond shared consumption by a closed group (2015 and 2017 judgments). Medical cannabis was authorised in 2025 (Royal Decree on standardised preparations dispensed in hospital pharmacies). Alcohol may not be sold to under-18s; the drink-driving limit is 0.5 g/l in blood (0.25 mg/l in breath), 0.3 g/l for new and professional drivers (infraction with 500 to 1,000 euros and 4 to 6 points), and an offence from 1.2 g/l in blood (0.60 mg/l in breath) or with signs of impairment (article 379: 3 to 6 months' imprisonment or a fine, and disqualification of 1 to 4 years); driving under the influence of drugs is an infraction with 1,000 euros and 6 points, an offence when impaired.
For British visitors and residents the differences with UK law are practical rather than moral. Personal use is decriminalised in private — there is no equivalent of the UK's possession offence for a joint at home — but the street, the beach, the car and the club terrace are 'public places' where the 601-euro fine is systematic, and the police confiscate. Cannabis social clubs in Barcelona are not legal shops: membership schemes sold to tourists have led to prosecutions of the clubs, not usually of the visitors, but the club product can be seized.
Drink-driving is where Britons most often fall foul of Spanish law: the limit is 0.5 g/l (roughly 0.25 mg per litre of breath) against 0.8 g/l in England and Wales — two glasses of wine can be enough — and 0.3 for drivers with under two years' licence. Random checks are common, fines start at 500 euros with points, and from 1.2 g/l it is a criminal offence tried in a fast-track court, with a driving ban that Spain now notifies to the DVLA under the 2023 UK-Spain licence agreement. A British driver resident in Spain must exchange his licence for a Spanish one; the exchange agreement has been in force since March 2023.
Key points
| Private consumption and possession | Not an offence nor an infraction |
|---|---|
| Consumption or possession in public | Serious infraction: 601 to 30,000 euros (Organic Law 4/2015, article 36.16); suspended for minors in treatment |
| Trafficking | 1 to 3 years (cannabis), 3 to 6 (cocaine, heroin, MDMA…), up to 9 with aggravating factors (article 368) |
| Home-growing and clubs | Private growing for own use not an offence; clubs tolerated if closed shared consumption, trafficking otherwise (Supreme Court) |
| Medical cannabis | Standardised preparations in hospital pharmacies since 2025 |
| Alcohol | No sale to under-18s; drink-driving 0.5 g/l (0.3 for new and professional drivers); offence from 1.2 g/l or when impaired |
| Figures | 10 % of adults used cannabis in the last year; 1,200 deaths a year from acute reactions; alcohol causes 15,000 deaths (Spanish Observatory on Drugs) |
In practice
- Smoking in the street, in a park or in a car exposes you to the 601-euro fine and confiscation; at home or on private premises there is no penalty, but cultivation visible from outside is punished. Fines are notified by post, including to UK addresses, and unpaid fines block dealings with the Spanish administration.
- At a roadside check with a blood alcohol level between 0.5 and 1.2 g/l the penalty is administrative (fine and points); from 1.2 or with obvious symptoms it is an offence with a fast-track trial and disqualification; a UK licence holder is disqualified from driving in Spain and the ban is reported to the DVLA.
- Energy Control (energycontrol.org) tests substances anonymously by post and at festivals; supervised consumption rooms exist in Barcelona and Bilbao.
- If drug-facilitated assault is suspected (sudden dizziness, amnesia), go to A&E within 12 hours for toxicology tests; 016 and the crisis centres help — Magaluf, Benidorm and Ibiza see cases every summer.
- Addiction treatment is free in the public network (regional addiction centres) for residents; 900 161 515 gives information; a British national arrested for trafficking should contact the consulate, which provides lists of lawyers and prison visits but cannot intervene in the proceedings.
Cost and coverage
Minimum fine of 601 euros for public consumption; treatment free in the public network; substance testing free or by donation; drink-driving fines 500 to 1,000 euros plus points, and criminal penalties from 1.2 g/l.
Recent changes
Medical cannabis was regulated in 2025 after years of debate; the 2021-2024 Action Plan on Addictions is under evaluation; overdose deaths are stable; cannabis social clubs still have no law despite proposals, and Catalonia's and Navarre's association laws were partly annulled by the Constitutional Court. The UK-Spain driving licence exchange agreement has applied since March 2023.
Where to go
- Addiction care centres of each autonomous community (free).
- 900 161 515: drug information (Fundación de Ayuda contra la Drogadicción); Talk to Frank in the UK.
- Energy Control: substance testing and harm reduction.
- National Plan on Drugs (pnsd.sanidad.gob.es): official information; British consulates for arrested nationals.
Worth knowing
Spain is not a country of free cannabis: the street is the limit. The 601-euro fine for a joint in a park is systematic, and a social club can be trafficking if it sells to whoever walks in. And the 0.5 g/l drink-driving limit — 0.3 with under two years' licence — is reached with two drinks: a British driver used to 0.8 is over the Spanish limit long before he feels it.
Frequently asked questions
Can I legally buy cannabis in a Barcelona 'club'?
No. Cannabis social clubs are tolerated only as closed associations of established residents sharing their own cultivation; the Supreme Court treats clubs that recruit members on the street or sell to tourists as trafficking. As a visitor you risk confiscation and, if caught with the product outside, the 601-euro fine; the club's organisers risk prison. There are no legal cannabis shops in Spain.
What is the drink-driving limit for British drivers in Spain?
0.5 grams per litre of blood (0.25 mg per litre of breath) for everyone, 0.3 g/l for drivers with less than two years' licence and for professionals — about two-thirds of the UK limit of 0.8. Between 0.5 and 1.2 it is an administrative offence (500 to 1,000 euros, 4 to 6 points, and the car is immobilised until a sober driver takes it); from 1.2 or when impaired it is a crime with a possible prison sentence and a ban of one to four years, notified to the DVLA.
What happens to a British tourist caught with a small amount of cocaine?
In a public place: an administrative fine of at least 601 euros and confiscation, no criminal record, provided the quantity is compatible with personal use (Spanish police use guideline thresholds — a few grams). Larger quantities, packaging in doses or scales point to trafficking, a crime of 3 to 6 years for cocaine, with pre-trial detention likely for a non-resident. The consulate can provide a list of lawyers and inform the family, not obtain release.
Official sources and links
- Organic Law 4/2015 on citizen security — article 36.16 — BOE
- Penal Code — articles 368-378 (drug trafficking) and 379 (driving under the influence) — consolidated text
- GOV.UK — Spain travel advice: laws and drink-driving limits — Foreign Office
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers