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SPANISH LAW

What’s the law on magic mushrooms in Spain?

There are lots of misconceptions about drug laws in Spain. Magic mushrooms are no different, and though many assume they are entirely legal, in reality things are a little more complicated than that.

Published: 13 February 2024 16:23 CET
What’s the law on magic mushrooms in Spain?
Photo: Robyn Beck/AFP.

In recent years, Barcelona has increasingly become known as the ‘new Amsterdam’ for its growing cannabis tourism industry. Though it is true that Barcelona (and Spain more broadly) is home to hundreds of these semi-legal smokers clubs, many tourists who come to Spain aren’t aware of the legal grey area that these sorts of places exist in.

In fact, thinking of drug laws in Spain more generally as existing in a ‘grey area’ is a good rule of thumb.

READ ALSO: What’s the law on cannabis in Spain?

Take magic mushrooms, for example, another drug very popular with types of tourists who go to Barcelona or Amsterdam.

Can you take magic mushrooms in Spain?

To cut a long short story, yes, but it’s a bit more complicated than that.

We can’t say outright that magic mushrooms are entirely legal in Spain, but rather that they are, in certain circumstances, decriminalised.

Personal possession and consumption of hallucinogenic mushrooms are both decriminalised in Spain, as long as the consumption is carried out on private property, and you can prove that you were not intending to sell or distribute them.

However, note that a legal loophole of the Spanish system means that while possession and consumption on private property are not, possession in public (even if you’re not actively consuming the drugs) is sanctionable with fines if caught.

The fine system is outlined in Spain’s Organic Law 4/2015 on the Protection of Citizen Security, where a whole range of fines are established from €601 up to €30,000 for the most serious crimes, depending on the type of drug it is, the quantity, and whether it’s your first time being fined for public drug possession (the concept of recidivism in Spanish law, which multiplies the fine).

What about growing them?

Growing mushrooms is also technically decriminalised in Spain (as it is with cannabis) but again on the condition that the cultivation is for personal use and not intended for resale or profit. That said, a little like the law in terms of cannabis cultivation, this also exists in somewhat of a legal grey area.

Growing magic mushrooms in Spain in large quantities would be considered a crime, and you could, if caught, even be charged with un delito contra la salud pública (a crime against public health, the law drug traffickers are often charged with) because some judges may see no other reason to grow large quantities without intending to distribute or sell them, which is against the law.

READ ALSO: What are the penalties for drug possession in Spain?

That said, like most drug policy in Spain, exactly what constitutes a large quantity is open to interpretation, but Spanish law with regards to drugs essentially seems to tolerate and decriminalise personal use on private property, but criminalises selling drugs or consuming them in public.

Is it illegal to buy a grow kit?

No. You can buy grow kits online, so long as you don’t use them to grow large quantities to sell.

So, with that in mind, you can grow (and take) magic mushrooms at home in Spain.

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PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

Published: 8 May 2024 17:13 CEST
BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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