Drug Trafficking Not Causing Serious Health Damage in Spain

In Spain, cannabis consumption is already a mass phenomenon: around 12.6% of the population between 15 and 64 years old admits to having consumed cannabis in the last 12 months.

Among young people (14-18 years), 21.8% declare having consumed cannabis in the last year.

In the police and judicial sphere, the impact is evident: in 2022 there were 28,678 arrests for drug trafficking, 5.8% more than the previous year. Andalusia led in 2023 with more than 6,700 arrests, followed by Madrid (4,968) and Valencia (4,184). Overall, arrests for drug trafficking increased 14.14% compared to the previous year, with a significant portion concentrated in cannabis and hashish cases.

The seizures of these substances have also increased consistently in recent years, reflecting the magnitude of the phenomenon.

This data reveals a paradox: many people consume drugs that are considered «less dangerous,» but when certain limits are exceeded—quantity, packaging, evidence of buying and selling—the criminal justice system comes into play with full force.

What constitutes trafficking of drugs that do not cause serious harm to health?

The Spanish Criminal Code distinguishes between drugs that cause serious harm to health and those that do not.
In the first group are substances like

What happens with cannabis cultivation for personal use?

The cultivation of cannabis in private homes is one of the topics that generates the most doubts in Spain. Criminal legislation does not automatically punish it, but courts always analyze whether this cultivation is intended for personal use or for trafficking.

For it to be considered personal use, several conditions must be met:

• The number of plants must be moderate and consistent with the habitual consumption of a single person.
• There cannot be evidence of commercialization: precision scales, zip-lock bags, large amounts of cash, or customer lists.
• The cultivation must be carried out in a private setting, without affecting third-party consumption or promoting distribution.

Case law has indicated that when the number of plants exceeds what is reasonable for personal consumption, the existence of intent to traffic is presumed. In such cases, the Public Prosecutor’s Office may charge for a crime against public health (art. 368 CP), which turns simple cultivation into criminal proceedings with risk of imprisonment.

Therefore, although it involves cannabis and is understood as a «soft» drug, the boundary between personal use and trafficking is very narrow and depends on the assessment of each specific case by the judges.

Consequences of a conviction for soft drug trafficking

Being convicted for trafficking cannabis, hashish or derivativesHow a drug trafficking specialist attorney can help you if you have been arrested

Facing a criminal proceeding for drug trafficking is one of the most delicate situations a person can be subjected to. The possibility of going to prison, high financial penalties, and the burden of a criminal record generate fear and uncertainty from the first moment.

In this context, having a criminal defense attorney specialized in crimes against public health makes all the difference. This is not just any procedure: it is the defense of your freedom and your future.

An expert defense attorney in drug trafficking will study your case in detail to detect possible irregularities that can be decisive at trial:

• Legality of the search and arrest: if police acted without judicial authorization or violated fundamental rights, the evidence may be declared null.
• Amount of drug seized: precise analysis allows differentiation between personal use and trafficking, avoiding more serious convictions.
• Chain of custody: if it cannot be guaranteed that the seized drug is the same one that reaches the proceeding, the evidence may be invalidated.
• Absence of trafficking evidence: packaging, cash money, or scales are evaluated by judges. If they don’t exist, the personal use theory is strengthened.
• Application of mitigating factors: cooperation with justice or drug dependency in treatment can considerably reduce the sentence.