Specialist Lawyers in Drug Trafficking Offenses
We are a criminal defense law firm in Madrid specializing in drug trafficking offenses. Since the founding of Valmaseda Abogados, we have been actively defending procedures involving crimes against public health, with notable results throughout the national territory and especially before the Audiencia Nacional (National Court), obtaining acquittals for our clients or case dismissals in the investigation phase.
Valmaseda Abogados has participated as defense counsel in various anti-narcotics operations, achieving successes and obtaining the best possible results for its clients.
In Spanish criminal law, drug trafficking and related offenses are part of the crimes against collective safety and specifically classified as crimes against public health under Title XVII, Chapter III of the Spanish Penal Code. The legal objective is to protect the health of citizens, which is a constitutional right.
What Is the Crime of Drug Trafficking?
The crime of drug trafficking is set out in articles 268 to 278 of the Spanish Penal Code.
Basic Forms of the Offense
The main modes of committing this offense include:
Cultivation or production of drugs, chemical substances, or their manufacture.
Trafficking in drugs.
Promoting, favoring, or facilitating consumption.
Possession of drugs with any of these purposes.
To understand the potential penalties and legal consequences, it is necessary to know what type of substance is involved and whether it causes “serious harm to health,” as this affects the severity of the penalty. For example, substances such as morphine, heroin, cocaine, amphetamines, LSD, and MDMA are typically considered hard drugs that cause serious harm, while others like marijuana or hashish may be treated differently in sentencing.
Aggravated Forms of Drug Trafficking
There are circumstances in which the offense is considered more serious and carries higher penalties, including:
When the offender is a public official, social worker, or teacher who abuses their profession to commit the crime.
When drugs are supplied to minors, mentally disabled persons, or individuals in treatment for addiction.
When the quantity of drugs involved is of “notable importance.” For example, courts in Spain have established certain weight thresholds that constitute “notable importance” for drugs like hashish or cocaine.
When the persons committing the crime belong to a criminal organization.
When minors or vulnerable people are used to carry out the offense.
When vessels, aircraft, or other conveyances are used to commit the crime.
What is the worst penalty for the crime of drug trafficking?
Penalty under the Basic Offense
For drugs that do not cause serious harm to health:
Imprisonment from 1 to 3 years and a fine.For drugs that cause serious harm to health:
Imprisonment from 3 to 6 years and a fine.
Penalties for Aggravated Forms
For drugs that do not cause serious harm to health:
Imprisonment from 3 to 4 and a half years and a fine.For drugs that cause serious harm to health:
Imprisonment from 6 to 9 years and a fine.
If the Offense Is Committed by a Criminal Organization
For drugs that do not cause serious harm to health:
Imprisonment from 4.5 to 10 years and a fine.For drugs that cause serious harm to health:
Imprisonment from 9 to 12 years and a fine.
What If the Drugs Are for Personal Use?
In this case, no criminal offense is committed. Courts primarily assess the quantity of the substance. For example, possession is generally not considered a crime if it does not exceed approximately 25 grams of hashish or 7.5 grams of cocaine.
Conversely, courts consider certain circumstances as indicators that the drugs were intended for trafficking, such as the presence of tools used to cut, prepare, or distribute substances (for example, weighing scales), or if the drugs are divided into small individual packages ready for distribution.
Find Us at Our Madrid Office
For defense in drug trafficking cases and personalized legal assistance, contact our Madrid office through the form on the site.
