{"id":10078,"date":"2026-03-19T08:32:33","date_gmt":"2026-03-19T07:32:33","guid":{"rendered":"https:\/\/abogados-penalistas-granda.com\/?p=10078"},"modified":"2026-03-19T08:32:33","modified_gmt":"2026-03-19T07:32:33","slug":"drug-trafficking-spain-article-368","status":"publish","type":"post","link":"https:\/\/abogados-penalistas-granda.com\/en\/drug-trafficking-spain-article-368\/","title":{"rendered":"DIFFERENCES BETWEEN DRUG USE, POSSESSION AND DRUG TRAFFICKING IN SPAIN"},"content":{"rendered":"

Legal analysis of Article 368 of the Spanish Criminal Code<\/strong><\/h2>\n

Spanish criminal law draws a fundamental distinction between personal drug use, possession and drug trafficking. This distinction is decisive, as it determines whether the conduct results in an administrative sanction or in severe criminal penalties, including imprisonment, under Article 368 of the Spanish Criminal Code and the established case law of the Supreme Court.<\/p>\n

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Personal drug use is not classified as a criminal offence in Spain. The legislator has deliberately excluded self-consumption from criminal liability, provided it is not connected to trafficking activities. When drug use takes place in a private setting, it carries no criminal consequences. However, public consumption or possession for personal use constitutes a serious administrative offence, punishable by substantial fines and the seizure of the substance.<\/p>\n

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How courts determine whether conduct relates to personal use<\/strong><\/h2>\n

Courts assess whether a case involves personal use by examining several factors. Among the most relevant are:<\/p>\n