We bring you the legislation (as of 2025-2026) in Spain governing cocaine (and other hard drugs), how drug use/possession is regulated, and how trafficking is penalized.

The Legal Status of cocaine/drugs in Spain 

• Manufacturing, trafficking, distributing, or selling controlled substances (such as cocaine, heroin, and so on) is illegal under national law. Possession or trafficking with the intent to distribute is criminal by the penal code.

• Simple personal consumption or possession (without evidence of intent to traffic)—especially in private—is often not punished as a criminal offense, but rather as an administrative infraction when it occurs in public.

• The distinction between “possession for personal use” and “possession for trafficking” is frequently depending on quantity, context, prior record, police/court assessment, and so on. If the sums are small, courts may order the prosecution to demonstrate intent to distribute.

Getting Caught in Possession of Cocaine in Spain

1. Cocaine possession for Personal use:

• If you are caught taking or having a controlled drug in a public place (street, establishment, or public transportation), you will likely face administrative penalties. Under the present law (Ley Orgánica 4/2015 on Citizen Security, article 36.16), the fine has traditionally ranged from €601 to €30,000, depending on the circumstances.

• There is a reform initiative underway for the 2024-2025 period that would minimize such sanctions: recommendations suggest modifying the fine range from “grave” to “leve,” lowering fines to around €100-€500 for drug possession/consumption offenses.

• Private possession/consumption (for example, at home or in other private areas) with no proof of intent to distribute is rarely criminalized.
  2. Cocaine possession with intent to sell:

• Possession, sale, distribution, or transportation of hard drugs (such as cocaine) with the intent to distribute is illegal. The sentencing varies on aggravating/mitigating elements. Under the normal classification of “grave damage” chemicals, typical jail sentences are 3 to 6 years, with a fine (sometimes up to three times the value of the narcotics confiscated).

• More serious conditions (big sums, organized crime activity, providing minors, etc.) result in harsher penalties: potentially 6 to 9 years, or longer if exacerbated (for trafficking networks), with fines scaled proportionally.

• Legal entities (companies, organizations) can also be found criminally accountable under specific circumstances.

New Developments and Reforms

• There has been a shift in practice: in May 2025, the interior ministry published a directive directing police not to immediately sanction use or possession inside private automobiles (parked, not in motion) if there are no indicators of trafficking. This reflects legal interpretations on vehicular privacy.

• The broader reform of the citizen-security law (“popularly known as” ley mordaza)—which is now being debated—aims to lessen the severity of fines for basic drug possession/consumption, reclassifying them from “grave” to “leve.” If passed, this would result in lower fines and probably less severe administrative sanctions for minor, non-trafficking possession.

• Despite potential reforms, trafficking is still heavily prosecuted: recent media coverage shows that trafficking cases, particularly involving cocaine, continue to rise, and courts are handing out multi-year prison sentences for distribution, even for relatively “small” quantities when intent to supply is inferred.