Spanish Law and Punishments for Illicit Drugs
"The law on protection of citizens’ security (1992) considers drug consumption in public, as well as illicit possession, as a serious order offence punishable by administrative sanctions. In 2010, the Organic law enacted amendments to the penal code in reference to drug-related provisions. Fines are the usual punishment, but the law foresees that the execution of the fine can be suspended if the person freely attends an official drug treatment programme. For trafficking, the Spanish law lays down penalties in line with the seriousness of the health damages associated to drugs and any aggravating and mitigating circumstances that may exist such as sale to minors under 18, or the sale of large quantities. Penalties can reach up to 20 years and three months in prison, with such long terms reserved for cases with aggravating circumstances. When no such circumstances exist, those who have committed the crime can be sentenced to prison for one to three years if the drugs do not cause serious health damage, and, in line with the amendments enacted in 2010, for up to six years when they do. The new provision of the Penal Code leaves up to the courts possibility to impose sentences lesser degree in case of no aggravating circumstances exist and diversifies the applicable prison sentences for a conduct committed within criminal organisation based on the role of a person in a such entity. In all cases, a fine is also imposed.
"With regard to emerging new psychoactive substances, Ketamine was brought under control in Spain in 2010, but Mephedrone and Tapentadol in 2011. In 2011, a procedure was adopted allowing to classify new psychoactive substances as narcotic drugs at national level.
European Monitoring Centre for Drugs and Addiction, Country Overview: Spain (Lisbon, Portugal: Oct. 2012), last accessed Dec. 19, 2012.