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Marijuana Consumption in Barcelona: Legal or Illegal?

The current cannabis landscape in the Spanish context is a sensitive and debated issue. What is going on? We are facing a LEGAL LIMBO. Although cannabis use is legally prohibited and punishable, it is "allowed" in some cases. Yes, and that is because, when we refer to the legality of marijuana in SpainThe first thing to know is that, depending on the territory of the country, the law will be more or less lax.

We have expanded this content on a dedicated page, which we will keep updated in line with current legislation. On our page on Legality of a Marijuana Club in Barcelona we focus more on the legality of our situation as clubs. We invite you not to miss any of our contents.

What do we have to take into account in a context in which cannabis is strongly stigmatised not only by the government, but also by society and by the WHO itself? In this article we want to summarise the legal landscape of cannabis in Spain and especially in Barcelona. Thus, we will refer to the legal loopholes that cause this situation.

We advocate focusing on the laws that speak to us about the legality of the possession, planting, consumption and purchase of cannabis. Currently, we find in force the popularly known as the "Gagging law of 2015 that talks about the consumption and possession of this substance.

  • The marijuana use is legal in private spaces such as homes or CSCs. However, if we do so on public roads we may be subject to administrative and criminal sanctions. 
  • Cultivation is legal, but if it cannot be seen from the public highway and if it is strictly for self-consumption and not for profit. 
  • The same applies to possession: it is legal if the substance is in private spaces and with a delimited weight. 
  • Finally, the buying cannabis is illegalWe can be part of an association or a club (like ours) that for a monthly fee will provide for you.

Cannabis Clubs and Associations, a viable and legal solution for marijuana use 

So what are we left with? But in reality, the big question is: if cannabis use is criminalised, how can it be that cannabis clubs (CSCs) are so booming? And the answer is that the legislative system has inconsistent gaps that allow the CSC operate under the cloak of legality. 

The key? Simple. Spanish (and Barcelona city) associations are very different from the coffee shops in Amsterdam. The latter are private, require membership and are legally not allowed to advertise publicly. Moreover, the sale and purchase of cannabis is not tolerated outside its walls. 

Barcelona, "the new Amsterdam".

In Spain, legislation is confusing, and even more so when we look at the different autonomous communities. This is because each community has its own specific laws (governed under general law) that are more or less lax on cannabis use. In the case of the Catalan community, cannabis use is highly permitted: yes, it is popularly known as "the new Amsterdam". 

And this is where we come in. We have said it, the CSCs in Barcelona like ours are very different from the coffee shops in Amsterdam.And it all comes down to two key points: under Catalan law, growing marijuana is legal (if it is for self-consumption), but if it cannot be seen from the public highway, and, above all, possession is legal if the substance is in private spaces, that is, inside the home or in cannabis clubs. In this way, it becomes so the support of a cannabis club must be available.don't you think? Associations or clubs such as the our are set up to provide an answer and a solution to the gaps in this legal system, and there are many benefits to becoming a member. They can be summed up in three words: protection, peace of mind and legality. It sounds good when we refer to a consumer punished outside the private sphereWhy take a gamble?


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