Spain was one of the first modern European countries to decriminalize marijuana -- and one of the last to implement needle exchanges.  The Spanish government paid a steep price for their initial reluctance to allow harm reduction measures.  Spain has the highest HIV rates in Europe among intravenous drug users.  These days needle exchanges - including needle exchanges in prisons - pill testing at raves, methadone maintenance and heroin maintenance trials are among the many public health interventions that are supported by autonomous regions throughout Spain.  Drug use and possession for personal use do not constitute a criminal offence under Spanish law.  However, public consumption is penalized with administrative fines.

Due to its proximity to Morocco and historical ties to Latin America, Spain serves as a transit point for Moroccan hashish and South American cocaine.  Like the Netherlands, Spain treats drug consumption as a health problem, but participates in global interdiction efforts and has signed bilateral anti-drug agreements with third countries, especially in Latin America and Europe.  Laws against trafficking are among the most severe in Europe.  Spain’s marijuana policy is rather unique in that it encourages marijuana smokers to grow their own product.  Personal consumption and home cultivation have been decriminalized, but buying or selling marijuana/hashish remains a criminal offense.

By U.S. standards Spanish drug policy is very permissive.  Spain’s drinking age for alcohol ranges from 16 to 18, depending on the autonomous region.  Treatment instead of incarceration initiatives like drug courts are designed to mainstream illicit drug offenders and as such do not preclude social welfare benefits denied to drug offenders in the U.S.  Drug offenders in Spain are eligible for unemployment benefits.  As one of the last countries in Europe to embrace harm reduction, Spanish drug policy continues to evolve.  Public drug consumption that was once common during the post-Franco cultural revolution of the 1980’s is now frowned upon.  Administrative fines for public consumption once thought to exist on paper only are now enforced in many autonomous regions.  In response to a growing problem of alcohol intoxication among teenagers at ad hoc street parties, public consumption of alcohol was outlawed in March of 2002.  Outdoor cafes and bars with patios are exempted from “La Ley del Botellon.”