Portugal, Spain, Netherlands: Europe’s Most Relaxed Cannabis Laws Explained

Three Countries That Always Come Up When Traveling to Cannabis Friendly Destinations in Europe.

Each country has a slightly different legal structure as far as cannabis products is concerned — while all of these countries are much more permissive than the UK when it comes to cannabis (and other drugs) they each operate in completely different ways. In order to provide some clarity on what is really going on with each of the systems (both for travelers and observers), it will be important to discuss how the laws actually work.

Portugal: Decriminalisation Across the Board

The 2001 reform of drug laws in Portugal are often cited as the best example in the world for what drug policies should be like. Understanding why this happened is equally important. There had been a large heroin problem in Portugal throughout the early 1990’s and so that is where their motivation came from when they decided to make the shift from the criminal justice system to the administrative system for all personal drug use.

How it works in practice:

• The amount of drugs (up to 10 x daily dose) an individual can have without being convicted as a crime has been removed from the Criminal Code
• The cannabis equivalent of up to 10 x daily doses would be approximately 25 gms of dried herbal cannabis or 5 gms of cannabis resin/hashish.
• When an individual is found with drugs they will be directed to appear before a ‘Dissuasion Committee’ which usually consists of a lawyer, a health professional and a social worker.
• A committee member may impose a fine; order community service; refer you to treatment programs; and there will be NO CRIMINAL RECORD.

If you supply/drug deal/trade/sell drugs etc., then it remains a criminal offence.

What this means for visitors:

Portugal has by far the most tolerant regulatory environment for personal possession of cannabis within all European nations. In theory, if you’re a tourist who is caught with a very small quantity, you will be subject at best to some type of administrative action — there is no possibility of being arrested or having a record created against you. The Portuguese framework is clearly focused on avoiding criminalization of the ultimate consumer.

Portugal’s biggest challenge is supply. It is illegal to buy cannabis in Portugal —therefore, there are no licensed coffee shops, dispensaries or social clubs from which one can obtain cannabis legally. However, just like in every country, there is an underground (or informal) marketplace for purchasing cannabis. Nonetheless, participating in this marketplace creates many of the same types of risks associated with accessing unregulated supply chains. Additionally, visitors to Lisbon frequently indicate that they have been offered cannabis in touristy areas of the city —the quality and safety of the product is another issue entirely.

What’s changing:

Portugal has been considering regulating sales of cannabis for many years. By 2024, a legal structure existed for the cultivation of medicinal cannabis in the country, which also made it an important supplier of medicinal cannabis products to other European Union countries. However retail access for recreational purposes is still missing, but there are very noticeable changes in the political discussion.

Spain: The Social Club Model

The way that Spanish law treats cannabis is based upon an individual’s constitutional right to privacy; therefore, individuals have developed their own legal frameworks for the use of cannabis in the home by means of court decisions that support private use of cannabis. This creates a situation where there is a ‘grey area’ within which users can cultivate and consume cannabis with minimal interference from authorities; this provides one of the least restrictive (or most permissive) cannabis laws in all of Europe.

How the law actually works:

• Public Use of Cannabis (Personal Possession): up to 18-20 grams can be considered an offense that would normally result in an on-the-spot fine; however, this is considered a minor administrative offense (not a crime)
• If there are greater quantities involved or if it’s close to a school, hospital etc., then the person could face much harsher penalties.
• Cultivating cannabis for strictly personal use in your home (a private place);
• The wording “private” means you cannot cultivate cannabis in places where people congregate.

The cannabis social club system:

The defining element of the Spanish structure is the Cannabis Social Club — an unincorporated, non-profit, member-based organization which allows its members to collectively grow and distribute cannabis amongst each other. According to the law, where there is collective cultivation for individual use strictly within a private association, this would be considered not as providing, but as growing.

What visitors need to know:

• While clubs operate as registered associations (with formal membership), members pay towards the costs of cultivating the marijuana; they do not have a cost to “purchase” it — a key legal difference.
• Additionally, distribution is generally restricted to the individual’s use amount on any given visit to the club.
• There are reportedly hundreds of Cannabis Social Clubs operating in Barcelona alone, making it home to the largest number of such clubs in Europe.

Accessing a reputable club as a tourist requires some groundwork:

• Most established clubs require an introduction from an existing member — walk-in access is rare among better-run operations
• Membership typically involves a registration process and sometimes a waiting period
• Quality, transparency, and professionalism vary enormously — some clubs are well-organised; others are effectively unlicensed commercial operations wearing associational clothing
• Consuming cannabis in public remains illegal regardless of where it was obtained

Regional variation:

Spain’s regional governments have varying appetites for enforcement. Catalonia (Barcelona) has historically been the most liberal, with the social club model developing most densely there. The Basque Country also has a well-established club network. The Canary Islands — a popular summer destination — have their own regional regulations and a more cautious enforcement environment.

Netherlands: The Tolerance Policy

The Dutch model is by far the oldest model for regulating cannabis that has been adopted in an official manner; however, when studied closely the Dutch model appears to be the most illogical among the models. Although the sale of cannabis is technically prohibited in the Netherlands under its national laws (cannabis is classified as a Schedule II substance under the Opium Act) the nation has developed a policy of selective enforcement of these drug prohibitions related to licensed coffee shops throughout the country.

Coffeeshop Framework:

• As long as licensed coffeeshops follow the established guidelines, they are allowed to sell cannabis. These guidelines are often referred to as the “AHOJ-G” criteria.
• Coffee Shops shall not have alcoholic beverages available for purchase.
• No Hard Drugs shall be sold.
• No Nuisance or Disturbances shall occur.
• Underage persons (under 18 years old) shall not be served.
• Each individual customer shall not receive more than 5 grams of cannabis during each purchase.
• All customers must be at least 18 years old with valid identification.
• At no time can there be more than 500 grams of cannabis in stock at any given location

The back-door problem:

In addition to its many other legal inconsistencies, the Dutch system has what is called the “back-door problem”. The “front-door” is where coffeeshops can legally sell marijuana, but it is the “back-door”, or the route that comes into the coffeeshop’s supply line — growers, distributors to shops etc., who remain illegally supplying. This is a contradiction that exists as long as there have been coffeeshops and this paradox has remained unsolved for decades.

The first phase of a regulated supply chain pilot project (Experiment Gesloten Coffeeshopketens) was launched by the Netherlands Government on October 1, 2023 in ten cities with coffeeshops and will continue through 2025. The early data collected in the first phase of testing a completely legal supply chain of cultivation to point of sale will be analyzed. The city of Amsterdam is one of those cities that are not participating in the initial phase.

What’s changed for tourists:

From May 2023, the city of Amsterdam has banned smoking cannabis in the central tourist district as part of its plan to reduce overcrowding in busy streets where local residents have been complaining about their quality of life. Outside, in this same area, there is an outdoor ban but it does not apply to areas inside coffeeshops. Coffeeshop owners report that tourist numbers into the area have dropped significantly since the ban came in, however the coffeeshop scene outside Amsterdam continues to function with relative ease in comparison to what happens during the summer months in many other Dutch cities such as Rotterdam, Utrecht, Haarlem, Eindhoven and Groningen.

Purchasing process in practice:

• Present valid ID proving age 18+
• Select from the shop’s menu, which typically lists THC percentage, strain, and origin
• Maximum five grams per transaction
• Consume on-premises or in a private setting
• Edibles and pre-rolled products are available in many shops alongside loose flower and hash

The Common Thread

While all three countries have come to believe that criminalization creates far more issues than solutions, they came to this same conclusion through vastly different routes. In Portugal, it resulted from a public health crisis; in Spain, the courts interpreted the nation’s constitution in such a way; in the Netherlands, the results were from pragmatic experimentation at a local level. Each of these nations has now created systems based upon their experiences.

As a visitor to each nation from England, it may be difficult to understand and/or utilize these systems in the manner you are accustomed to, although some familiarity with the laws will make navigating each one much easier. For travelers interested in actually understanding the laws of each country as opposed to relying solely on your perceptions of the laws of each country regarding marijuana and the application of harm-reduction principles vs. prohibition, each country provides a unique perspective on what legal marijuana policy can look like when harm reduction is used as the primary objective.