Lawyers Specializing in Crimes Against Public Health
We are a criminal defense law firm based in Madrid, specialized in offenses related to public health.
At Valmaseda Abogados, we have consistently defended these types of cases since our very beginning, achieving significant results throughout Spain—particularly before the National High Court (Audiencia Nacional), where we have obtained full acquittals for our clients or case dismissals during the investigative stage.
At Valmaseda Abogados, we place at your disposal a team of criminal defense lawyers in Madrid with extensive experience in defending public health offenses—one of the most complex and high-impact areas of criminal law.
These offenses, which include drug trafficking, cultivation or manufacturing of controlled substances, illegal distribution, or possession for illicit purposes, carry severe penalties that can deeply affect the personal, family, and professional life of the accused.
Our approach is built on a solid legal strategy, a thorough analysis of the investigative phase, and a technically rigorous defense throughout the entire criminal process. Whether the goal is to obtain a case dismissal, a full acquittal, or a significant reduction of penalties, we work with determination and commitment to protect our clients’ rights and future.
If you are facing charges of this nature, having the support of a specialized law firm can make a decisive difference.
What are public health offenses?
Public health offenses include conduct that, directly or indirectly, poses a serious risk to the physical or mental well-being of the population as a whole. Unlike crimes that affect specific individuals, these offenses are aimed at protecting society from practices that may compromise collective health.
They encompass a set of criminal violations regulated by the Spanish Criminal Code, targeting any activity that introduces dangerous or harmful elements into the social environment—particularly those related to human consumption. The most common public health offenses include:
- Illegal drug trafficking:
This involves the sale, distribution, or transportation of prohibited narcotic substances. It is not limited to the act of selling; it may also include transport, contact with distribution networks, or any form of participation in the drug trafficking chain. - Possession with intent to distribute:
Refers to possessing drugs in quantities or circumstances that cannot reasonably be justified as personal use. Authorities evaluate factors such as quantity, type of substance, packaging, the presence of distribution tools (scales, baggies), and other indicators of commercial intent. - Cultivation of prohibited substances:
Includes the growing and maintenance of plants used to produce illegal drugs, such as cannabis (when it exceeds personal-use limits), without proper authorization. While many believe that growing small amounts is always legal, in certain contexts it may constitute a criminal offense if intent to distribute is proven.
Facilitating drug use to third parties:
Profit is not required for criminal liability. Simply providing drugs to another person—even free of charge—may be considered a criminal offense if it endangers the health of others.
Manufacture or distribution of counterfeit or unauthorized medicines:
Involves producing or selling pharmaceutical products that do not comply with legal or health regulations. This includes counterfeit medicines as well as drugs not approved or registered with the Spanish Agency for Medicines.
Sale of spoiled food or food without sanitary controls:
Consists of placing food products on the market that are unfit for human consumption due to lack of health controls, poor condition, or fraudulent handling. Although often less visible, these offenses can be equally dangerous to public health.
In all these cases, the law punishes not only the individual act but, above all, the potential social harm it may cause. For this reason, the Spanish criminal system pays close attention to objective and contextual factors such as substance quantity, distribution methods, intent, repetition, involvement of third parties, and any elements indicating a real threat to public health.
It is essential to understand that not all conduct related to drugs or health products automatically constitutes a criminal offense. Personal consumption, for example, may result in administrative sanctions but not criminal penalties, provided there are no aggravating circumstances or risks to others. Each case must be analyzed individually to determine whether criminal liability truly exists or whether enforcement actions were excessive.
What penalties apply to public health offenses?
llegal drug trafficking:
This is one of the most serious offenses in this category.
Basic penalty: 3 to 6 years in prison and a fine equal to one to three times the value of the drugs.
If the substance causes serious harm to health (such as cocaine, heroin, ecstasy, or fentanyl):
6 to 9 years in prison and a fine up to four times the drug’s value.If the substance does not cause serious harm (for example, cannabis):
1 to 3 years in prison and a fine up to twice the value.Aggravating circumstances (organized groups, use of minors, offenses near schools):
Prison sentences may increase to 9 to 13 years.
Possession with intent to distribute:
Often confused with possession for personal use, but when intent to distribute is proven, the same penalties as trafficking apply:
1 to 3 years in prison if the substance does not cause serious harm.
3 to 6 years in prison, and up to 9 years for high-risk substances with aggravating factors.
Fines are imposed based on the estimated value of the drugs.
Cultivation of prohibited substances:
Growing plants such as cannabis may not be criminal if clearly intended for personal use and in small quantities. However, if distribution intent is proven:
It is treated as drug trafficking, with the same penalties:
1 to 3 years in prison (non-harmful substances).
Up to 9 years in prison (harmful substances with aggravating factors).
Significant fines and asset forfeiture may also be ordered.
Facilitating drug use to third parties:
Even without financial gain, providing drugs to another person can constitute a criminal offense if public health is endangered.
Penalties similar to trafficking:
1 to 3 years in prison and a fine for lower-risk substances.
Up to 6 or 9 years in prison for high-risk substances or aggravating circumstances.
Courts assess repetition, whether minors were involved, and the level of health risk.
Manufacture or distribution of counterfeit or unauthorized medicines:
Regulated under Article 362 bis of the Spanish Criminal Code.
Basic penalty: 1 to 3 years in prison and a fine of 6 to 12 months.
If serious harm to health occurs:
3 to 6 years in prison and a fine of 12 to 24 months.Aggravating factors: Acting as part of a criminal organization or for profit may increase penalties up to 9 years in prison.
Sale of spoiled food or food without sanitary controls:
Regulated under Article 363 of the Spanish Criminal Code.
General penalty: 6 months to 4 years in prison and special disqualification from engaging in food-related trade or industry.
Particularly punished when consumers’ health is endangered due to spoiled food, lack of hygiene controls, or fraudulent handling.
If actual harm occurs, additional liability may arise for bodily injury or even negligent homicide.
Penalties for public health offenses are designed to deter conduct that can seriously affect society as a whole. Not all cases are the same, and each situation requires an in-depth legal analysis. For this reason, having a specialized criminal defense lawyer is essential to build an effective defense, seek reduced penalties, or obtain a case dismissal when evidence is insufficient.
Find us at our Madrid office.
