Insights / 01-02-2022

Spain

 
Miguel Torres
Baker Tilly

1) Psychoactive Substances Legislation

The basic piece of legislation regarding narcotics in Spain is Law 17/1967, of April 8th, whereby the regulation on narcotics is adapted to the Single Convention on Narcotic Drugs of 1961 (Single Convention).

This Law has remained unmodified since its entry into force. The Law was not amended following the adoption of the Convention on Psychotropic Substances of 1971 (1971 Convention). However, this Convention was taken into account in the Royal Decree 2829/1977, of October 6th, regulating the psychotropic substances and medicinal preparations, as well as the supervision and inspection of their manufacture, distribution, prescription and sale (Royal Decree 2829/1977).

The Royal Decree 2829/1977 makes a difference between the psychotropic substances referred to in the Lists I, II, III and IV of the 1971 Convention and the "List of substances not included in said Lists" attached as annex II, or that in the future may be incorporated into the Lists or the List.

Royal Decree 1194/2011, of August 19th, sets forth the procedure to be followed for a substance to be considered to be narcotic in Spain.

2) Analogue Compounds Legislation

Using the US definition, the term “controlled substance analogue” means a substance:

• with the chemical structure of which is substantially similar to the chemical structure of a controlled substance in annex I or II;
• which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
• with respect to a particular person, when such person intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

There is no similar legislation to the one in US in Spain. Article 3 of Royal Decree 2829/1977 provides that if any substance included in more than one of the Lists II, III and IV are associated in the same preparation or pharmaceutical specialty, it will be understood that the substance will be subject to the conditions and requirements established for the substance that has the more rigorous treatment.

A novel substance, which is not specifically mentioned in the Lists of controlled substances, could in theory be legal to possess and/or consume. In any event, the consumption and/or the possession for personal consumption, do not constitute a criminal offence.

However, any attempt to market or sell such substances for recreational purposes may give raise to a public health alert. Such alerts are listed in the official website of the Spanish Agency of Medicines and Health Products (AEMPS), and recommendations can then be made to update the Lists of controlled substances.