1. Legal Spanish Framework on Drugs

2. Spanish Constitution
Section 43. Right to health
I. Recognises the right to health protection.
II. Establishes that the government has to guarantee and
protect the public health: it has to prevent and offer the
necessary services.

3. National Planning on Drugs
Origin: 1985
Objective: To coordinate and foster drug policies.
Responsible: State Secretary of Social Services and
Equality.
Workplans: Quadrennial. 2009-2012 and 2013-
2016.
Areas for action: Prevention, assistance, ONGs
working on drug addiction. Investigation and
formation on drugs, international cooperation on
drugs and fight against them.

4. Drugs according to law
Drugs
Substances that, when they are taken, act directly on the
central nervous system. They produce changes on
behaviour, mood and perception. Consumption can carry:
Psychological dependence: necessity of drug consumption in
order to feel pleasure or to avoid a particular affection
annoyance.
Physical dependence: The body needs to consume this
substance to function as usual.
Tolerance. There is a need to increase the dose of an
habitual drug consumption so as to get the same effects.

5. Legalised drugs:
Alcohol and tobacco are the most consumed drugs.
Their production, sale and consumption are not forbidden, but there are some
restrictions:
TOBACCO
● Sale forbidden under the age of 18.
● Smoking is forbidden in closed areas .Bars and restaurants are included.
● Smoking is forbidden in children playgrounds, schools and hospitals.
ALCOHOL
● Sale forbidden under the age of 18.
● Driving:
– Misdemeanor: from 0'5 grams per litre in blood (0'3 for habitual
drivers).
– Crime: from 1,2 grams per litre in blood.

6. Illegal drugs:
Those established in the United Nations
Convention on narcotics in1961: cocaine, LSD,
heroin, cannabis, ecstasy, etc...
Production
– It is considered crime: To elaborate,
produce, grow or traffic with those
substances mentioned above, and also
any activity which incites their
consumption.

7. Consumption:
● It is not considered crime: The own (personal)
consumption, the tenure and purchase of small
amounts destined to the personal consumption.
● Drug consumption is forbidden in public areas,
streets or public and private sectors and
educational institutions.
● Drug tenure and consumption are forbidden in
public areas, streets or public and private sectors
and educational institutions.

8. Substance Trafficking:
● Not very harmful for health (derived from
cannabis): from 1 a 3 prison year reclusion
and a fine which could double the drug
cost.
● Very harmful for health (the rest of drugs):
from 3 to 9 prison year reclusion and a fine
which could triple the drug cost.

9. Substance Trafficking:
● Aggravating circumstances: sale to teenagers under
18, sale at schools and military centres and
substance adulteration which increases health harm.
● Extenuating circumstances and exemptions: severe
psychological disorder presence which prevents, in a
greater or lesser degree, the awareness of
committing crime.
● Teenagers under 18: they are not applied the Penal
Code but an specific law considers education
measures, and, in serious cases, it also considers
the confinement in reformatories or centres in order
to be treated for substance abuse.

10. Valencian Area
● The Council Commissioner's responsibility
in matters of substance abuse, which is
assigned to the Valencian Health Ministry
(Agencia Valenciana de Salut).