Drug trafficking
lawyer in Spain

Spanish law punishes anyone who grows, produces or deals in drugs, or otherwise promotes, encourages or facilitates their illegal use, and anyone who possesses them for those purposes. No sale is needed: possession intended for supply is enough.

The sentence depends on the substance. For drugs that cause serious harm to health —cocaine, heroin, synthetic drugs— it is three to six years in prison and a fine of up to three times the value of the drugs. For other substances —mainly cannabis and hashish— it is one to three years. Courts can reduce the sentence by one degree where the offence is minor and personal circumstances justify it.

Sentences rise sharply where the quantity is of "notable importance" (for cocaine, 750 grams of pure substance; for hashish, 2.5 kilos), where an organisation is involved, where drugs are brought into or taken out of Spain, or where boats or aircraft are used.

• Phone and communication intercepts: necessity, proportionality, sufficient grounds in the police request and real judicial supervision.
• Searches of homes: a reasoned court warrant or valid consent, and the presence of the occupant and the court clerk.
• Chain of custody: from seizure to laboratory, with no gaps that cast doubt on what was tested.
• Evidence from abroad: encrypted phones (EncroChat, Sky ECC), European Investigation Orders and letters rogatory, each with its own rules.
• Intended supply: possession for personal use, or shared use among users, is not a crime. Quantity, packaging and all other signs must be examined one by one.

Is it a crime to have drugs for personal use in Spain?

No. Possession for personal use is not a criminal offence, although in public it is an administrative offence punished with a fine. Only possession intended for supply is a crime, and the prosecution must prove that intention.

What happens if the phone taps were unlawful?

Evidence obtained in breach of fundamental rights cannot be used, nor can evidence that derives directly from it. An unlawful intercept can bring down the search, the seized drugs and later statements.