Since the implementation of the gag law in March 2015, fines imposed as a result of its application amount to 1.292 billion euros. The majority of the revenue (839 million euros) is related to drug consumption or possession offenses. Following closely behind are fines for public order infractions (328 million euros, 25.4% of the total) and those related to possession of weapons and explosives (124 million euros, 9.6%), according to the Ministry of Interior. These amounts, excluding infractions committed in Catalonia, the Basque Country, and Navarra, spark debate about the punitive nature of a law that is likely to be repealed or modified in the coming months. This follows numerous unsuccessful attempts due to lack of consensus among the government’s partners.
This revenue reflects the total fines for each type of infraction. Data from the Interior Ministry shows that out of 2,155,990 fines linked to the gag law, 61% are related to the use, cultivation, trafficking, or possession of drugs. The vast majority are associated with Article 36.16, which concerns drug consumption or possession, significantly outnumbering infractions related to cultivation (2,509), facilitating access to toxic substances (842), or allowing consumption in public establishments (743). The law deems all these infractions as serious and imposes fines ranging from 601 to 30,000 euros, depending on the case.
Spain has imposed the highest number of administrative sanctions for cannabis use compared to other European countries, despite being the fourth highest consumer behind Czech Republic, Italy, and France. Any act of cannabis consumption in public places or establishments in Spain results in a minimum fine of 600 euros, leading numerous social organizations to criticize the law as abusive towards citizens. The Spanish Confederation of Cannabis Federations (CONFAC) is among the over one hundred entities in the No Somos Delito platform calling for the repeal of the gag law. CONFAC’s spokesperson, Ana Afuera, advocates for a more educational legislation that focuses on individual responsibility rather than punitive measures.
Afueras proposes a model similar to Germany, where cannabis consumption is not criminalized or stigmatized. While she believes Spain should regulate cannabis consumption, she emphasizes the need for responsible, ecological, and ethically guided commercialization. The current law, according to Afueras, functions as a disguised tax through fines, rather than promoting regulation or education around cannabis use. Despite failed attempts in past legislative terms, plans to modify Article 36.16 with a less punitive approach towards cannabis consumption are supported by PSOE and Sumar, offering hope for change.
Regional differences in the enforcement of the gag law are evident, with Andalucía leading in fine collection at 318 million euros, almost five times more than the second region, Comunidad Valenciana, with 85 million euros. Canarias follows as the third-highest revenue-generating autonomous community with 79 million euros, surpassing Castilla-La Mancha, Castilla y León, and Galicia, among others. Conversely, Murcia, La Rioja, Cantabria, and Asturias accumulate less revenue from the enforcement of these sanctions.
A significant portion of fines pertains to infractions related to civil disobedience, totaling 636,738 (30%), and, to a lesser extent, possession of weapons and explosives, at 205,366 (9%). Most of these fines are associated with Articles 36.6 and 36.7 concerning resistance, disobedience, or lack of respect for authority. Various political parties and associations demand the repeal of these articles, fearing that authorities may abuse such fines, limiting freedom of expression or protest. Amnesty International spokesperson Carlos Escaño emphasizes the urgent need for repealing the gag law, highlighting its hindrance to civil mobilization and activism in addressing prevalent social issues like housing.
In Cataluña, recent controversy arose over the application of the gag law. In September of the prior year, the process was altered to have fines processed by the Interior department rather than the Police. The Generalitat cited intentions to mitigate law effects and prevent indiscriminate fines to protestors or activists. Nevertheless, the major police unions, SAP-FEPOL and SME-FEPOL, issued statements denouncing the inefficiency and inaction in administering fines since the shift to the Interior department. Specifically, they report an 81% expiration rate of opened cases, nearly four times higher than under the regional police (with a 23% expiration rate).
