Brits hoping to soak up the Spanish sun should be aware of potential new rules as Spain teeters on the brink of legalising cannabis. The Iberian nation is set to follow in the footsteps of Canada and several U.S. states, with the government poised to approve medical marijuana – a decision expected to be finalised before summer.
This legislation has been a long time coming, with initial approval granted in 2021 and the Ministry of Health now officially submitting the Royal draft to Brussels. However, Brits looking to experiment with the drug during their next Balearic getaway should be mindful of the stringent regulations being proposed.
The law primarily focuses on strictly regulated access to cannabis-based products, specifically standardised oils and two different medicines, all under tight control. Notably, the law does not permit the use of cannabis flowers and explicitly prohibits growing the plant for medical purposes – meaning smoking a spliff remains very much illegal.
Instead of seeing cannabis shops springing up with jars of flowers on display, access to these products will be dependent on often costly pharmacies. The current list of eligible patients is also highly specific, with only five conditions qualifying for prescription.
These include spasticity in multiple sclerosis, severe, therapy-resistant epilepsy, nausea and vomiting caused by chemotherapy chronic therapy-resistant pain and other conditions supported by scientific evidence – making it very difficult for foreigners to gain access. Although the law has been welcomed as a step forward, many activists have criticised the strict and restrictive methods of accessing it.
It follows in the footsteps of its European neighbours with Germany and Luxembourg being some of the first to legalise recreational use of the drug. While in The Netherlands personal use remains illegal but consuming the drug has been decriminalised for some time – making it tolerated in many cities.
However, Spain’s murky legislation and regional divide make cannabis social clubs a common sight in certain Spanish cities as they operate in a legal grey area. The social clubs operate as non-profits and within Spain non-profit organisations are classed as private spaces where members can share common interests without monetary objectives.
The now hundreds of these clubs navigate a loophole with the production, possession, and use of cannabis in a private space are not considered criminal offences if justified for personal use.