Therapeutic Use and Pharmaceutical Aspects in Spain
In Spain, the only cannabis-based medication available in pharmacies is Sativex, approved in 2010 for treating pain and spasticity in multiple sclerosis. Sativex contains THC and CBD and is dispensed in hospitals by specialized pharmacists.
Legally, cannabis has been considered a narcotic substance since the Single Convention on Narcotic Drugs of 1961. However, interest in its therapeutic use has grown, with scientists, doctors, and patient associations advocating for its use in treating various pathologies.
The deadline for submitting contributions on the Draft Royal Decree that will regulate the prescription and dispensing of medicinal cannabis in Spain is March 4, 2024.
Legalization and Cannabis Culture in Spain:
Legislation
Cannabis stands as the most widely consumed illegal drug in Spain. According to the 2017 EDADES report, 9.1% of individuals aged 15 to 64 surveyed admitted to having smoked cannabis in the past 12 months, with 1.9% consuming it daily. Predominantly, these are men (70%) with an average age of around 34 years old. 35% of respondents claimed to have tried the drug at some point. Spanish society exhibits considerable tolerance towards cannabis, as evidenced by a 2018 CIS survey where 84% supported its medicinal use and 47% endorsed both medicinal and recreational use, while 41% rejected it. Additionally, according to the European ESPAD 2019 report, 23% of Spanish students said they had tried cannabis at least once in their lifetime, with 12% consuming it in the last 30 days, ranking Spain as the third country in the EU in this regard, after Italy and France.
Article 368 of the Penal Code establishes penalties for the cultivation, manufacture, trafficking, and illegal possession of drugs, as well as for activities that promote their consumption. Consumption, possession, and cultivation of cannabis for personal use not intended for drug trafficking (up to 10 kg) are not considered a crime. However, consuming in public spaces is a serious offense, with fines ranging from €601 to €30,000. Spanish law does not distinguish between medicinal and recreational use of cannabis.
The legal status of cannabis varies by autonomous community. For example, controlled legalization was approved in the Valencian Community in 2018, while Catalonia has had a semi-legal situation since 1993, where licenses are granted for cultivation in private clubs, and consumption is allowed for their members.
The legal status of cannabis in Spain has been under review for several years. Additionally, since the 1990s, there has been an increase in medical research on cannabinoids and their interaction with the endocannabinoid system, as well as an increase in the development and marketing of cannabis-derived products, along with fairs dedicated to these products.
