Legalizing cannabis in Spain is complicated

Cannabis, commonly known as “ganja”, is a popular drug in Spain. However, the legal status of the drug is complicated.

Every year, cannabis advocates and entrepreneurs gather in Spain to discuss current industry issues. This event is called the International Cannabis Business Conference (ICBC) and it takes place in Barcelona every year. This year’s ICBC event took place a week ago to the delight of many. No, thanks to the COVID-19 pandemic, the event had to be postponed in 2020 and 2021 – as the world focused on the urgent issue of taking care of its citizens during hard times. No wonder this year’s agenda was packed to the brim.

The prestigious International Cannabis Business Conference (ICBC) was attended by several notable figures, all working in the European cannabis industry. Several panel discussions were held to discuss issues related to the latest cannabis technologies, Cannabis 3.0 and the various hurdles faced by cannabis spaces in the country. Debates have also been waged to discuss whether or not adult-use cannabis is the next step for the industry. Some argue that it would be best if cannabis was only available to the public through limited licensing and exports.

The issue of legacy cannabis operators and production was also raised and discussed at length.

Regulation of cannabis in Spain

In October 2021, a new bill to regulate and control the sale of cannabis was introduced to the country’s legislature. The bill is entitled Proposición de Ley Dr. Regulación Integral y Control del Cannabis en Personal Adultas (translated as the internal regulation and control of cannabis for recreational or adult use).

Spain’s Congress has yet to debate or incorporate the bill into the Constitution, despite Spain’s thriving cannabis culture. The majority of Spanish residents have expressed massive support for any form of cannabis reform, be it medical cannabis, recreational cannabis, or both. Unfortunately, the government has still not heeded the calls from its residents.

Spain has had at least five years to create an organized structure for its cannabis industry. There is very little political advocacy for the drug and no provision to organize an industry lobby. The gray area envisaged by the law was the basis of urban cannabis clubs. Cannabis clubs have been around for about twenty years or more. These clubs are a source of tourism revenue for the country. Unfortunately, the Supreme Court ended these operations last year when it ruled against their existence. The Senate also threw out a bill legalizing cannabis at various levels of the state.

The current prospects for cannabis legislation in Spain are a mess. The only thing the country can boast of is a bill that partially decriminalized cannabis use a few years ago. There are no regulations on medicinal cannabis, nor is there a solid framework to encourage home cultivation and consumption of medicinal cannabis.

The reality of cannabis legislation in Spain

During one of the ICBC panels, members criticized the lack of cannabis laws in the country. They compared the current situation to the faster adoption of cannabis reforms in North America and European countries like Germany and Switzerland. Panelists indicated that the recently introduced Internal Regulation Law could be the solution to the challenges of Spanish cannabis regulation. The bill would provide the much-needed legal framework for medicinal cannabis, or a sector for adult use.

The ICBC event also confirmed the low probability that the proposed law would be adopted. They estimated the probability of this happening at 1%. It is still too early to draw a conclusion on this. However, the bill will undoubtedly reignite the debate about cannabis reforms. Even if it doesn’t catch on, it will accomplish an important goal of moving the country further on the road to cannabis legalization.

Some of the rules governing cannabis use in Spain include use in private premises (apartments or cannabis lounges), over the age of 21 and if caught breaking the rules you will be sent to jail or fined.

What’s in Spain for this?

The ICBC panels shed light on how Spain could benefit from the legalization of medicinal cannabis. Once Medicammabis is legalized and commercialized by the pharmaceutical industry, numerous business opportunities will arise. The panel said cannabis could be heavily regulated and taxed to generate massive revenue for the country. They explained that cannabis doesn’t necessarily have to be legalized for it to work.

Regarding cannabis clubs, many activists and owners have expressed their dissatisfaction with the proposed closure of these lounges. The owners pointed out that business opportunities could be discovered within the sector if better reforms were passed.

Supreme Court orders to close cannabis clubs would result in massive job losses. Hopefully the verdict will be appealed and overturned in the coming months.

Neighborhood cannabis markets

Spain is surrounded by a few European countries with legal cannabis markets. During the conference, panellists referred to the cannabis markets in the United States, Switzerland and Germany. They discussed some of the business opportunities in these different cannabis markets and suggested ways to adopt some of the reforms in these countries.

Panellists considered it likely that the European cannabis market will slow down in the coming months due to the ongoing crisis in Ukraine. Before the war, the European cannabis industry was preparing for an exciting movement to rally support for recreational cannabis. For the time being, however, all legal developments are suspended until Ukraine is settled.

final remark

The ICBC panellists commended the government for doing everything to make the event a success. Should the government maintain the status quo, which decides not to approve a cannabis reform bill, the pharmaceutical industry would take over. These companies decide where cannabis is exported to.

Spain could have one of the most prominent CBD markets if the government approves an initiative to legalize cannabis. Even without licensed production facilities, Spain currently has a large CBD market. No one currently knows what the future of cannabis will be in Spain, but everyone is crossing their fingers and hoping for the best.

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