Brits looking to catch a glimpse of some summer sun in Spain should be aware of some potential new rules as the county is reportedly on the brink of legalising cannabis for people with health conditions.
The Iberian country is looking like it will join Canada and many U.S. states as the government is about to make a joint decision to legalise medical marijuana – with the new law thought to be signed, sealed and delivered before the summer.
The new law has been a long time in the making with the green light first being given in 2021 with the Ministry of Health now officially submitting the royal draft to Brussels.
However, for any Brits wanting to dabble in the drug on their next trip to the Baleriacis, they should be aware of the tight rules being proposed.
The law focuses on tightly regulated access to cannabis-based products, in particular, standardised oils and two different medicines all being tightly controlled.
Crucially, the law does not permit the use of cannabis flowers and explicitly prohibits the cultivation of the plant for medicinal purposes – meaning smoking a spliff remains firmly illegal.
Instead of discovering cannabis shops brimming with jars of flowers, you’ll need to rely on often pricey pharmacies to access any of the products.
The current list of people of people the drug will be available to is also very specific with only five conditions being able to prescribe it.
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.
Despite being hailed as a progressive move, many activists have criticised the strict and restrictive methods of accessing it. Spain is following in the footsteps of its European neighbours with Germany and Luxembourg being some of the first to legalise recreational use of the drug.
In The Netherlands, personal use remains illegal but consumption has been decriminalised for some time, making it tolerated in many cities. However, Spain’s unclear legislation and regional divide make cannabis social clubs a common sight in certain Spanish cities as they operate in a legal grey area.
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 the production, possession, and use of cannabis in a private space are not considered criminal offences if justified for personal use.