Despite the fact that marijuana consumption is more than tolerated in Barcelona, from a legal point of view there are several inconsistencies and the reality is that the debate on the issue is still more complicated than one might think.
A first step in trying to understand whether it is legal to smoke marijuana in Barcelona is to consider the concept of "crime against public health".
According to Article 368 of the Criminal Code, “those who carry out acts of cultivation, production or trafficking, or otherwise promote, encourage or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances, shall be convicted”.
However, in the city of Barcelona private, registered cannabis clubs and associations operate, as they are considered closed spaces, reserved for members, in which a small number of people can consume cannabis individually and responsibly.
This means that smoking cannabis in Barcelona inside a club is not considered a crime against public health.
What is not permitted is the sale of cannabis to people who are not registered with an association; furthermore, members are not allowed to pass cannabis on to third parties. One of the requirements imposed on our clubs is that we must have a double-door system, which prevents anyone in the entrance hall from seeing what is happening inside, where cannabis is actually consumed. Another essential requirement is the presence of smoke extraction systems.
Is smoking marijuana in Barcelona and/or Spain legal?
The law does not prohibit the consumption of cannabis in private places, as long as it is not intended for sale. This means that in Barcelona it is legal to smoke marijuana in your own home or in registered cannabis associations, as these are considered closed spaces that are NOT open to the general public and that meet the requirements. Interestingly, in March 2022, a court ruling in Jaén overturned a 601 euro fine imposed on a person whom the police found with 0.55 grams of cannabis in their car, parked on the street.
The judge decided to overturn the fine because a car cannot be considered a public place or a form of public transport. The situation is different when marijuana is transported for sale or when someone drives under its influence. In that case it is considered a crime against public health.
What is the fine for using marijuana on public roads?
Likewise, consuming cannabis in public places is in many cases “tolerated”, but it is still illegal. The minimum penalty is 601 euros, but it can reach 30,000 euros, depending on the danger caused to public health and the offender's financial means. So, if you are thinking of smoking marijuana legally in Barcelona, remember that the best place to do it is in private, for example in a registered cannabis club: there you can enjoy quality cannabis and consume privately and responsibly!
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