Arrested for Drug Trafficking in Spain: Your Rights and Defence Strategy

Being arrested for drug trafficking in Spain is one of the most serious situations a person can face. Spanish law treats drug offences harshly, with sentences ranging from 3 to 9 years for basic offences and up to 21 years when aggravating factors apply. If you or someone you know has been detained, specialist legal representation from the very first moment is essential.

What Counts as Drug Trafficking Under Spanish Law?

Article 368 of the Spanish Penal Code criminalises the cultivation, manufacture, processing, transport, sale, or supply of substances that cause serious harm to health (such as cocaine, heroin, or methamphetamine) or substances that cause less serious harm (such as cannabis). Even possessing drugs with intent to distribute can trigger a trafficking charge. The key legal distinction is between personal consumption and trafficking. Spanish courts assess the quantity, the circumstances of the arrest, and any surrounding evidence (scales, packaging, cash, messages) to determine intent.

Aggravating Factors That Increase the Sentence

• Quantities of notable importance (notoria importancia) typically above 750g of cocaine or 2.5kg of cannabis resin
• Involvement of minors or use of establishments frequented by young people
• Belonging to a criminal organisation
• Adulteration of substances causing additional harm

Your Rights from the Moment of Arrest

Under Spanish law you have the right to remain silent and not incriminate yourself, the right to a lawyer of your choice (not just the duty solicitor), the right to be informed of the charges against you, and the right to an interpreter if you do not speak Spanish. Exercise these rights immediately.

How RINBER Builds a Drug Trafficking Defence

Our criminal defence team at RINBER Abogados Penalistas has handled drug trafficking cases across Spain for over 25 years. A strong defence examines: the legality of the search and seizure (any violation of your fundamental rights can render evidence inadmissible), whether quantity thresholds for aggravated offences are correctly calculated, chain of custody for forensic drug analysis, and whether the evidence truly establishes intent to distribute versus personal use. In international cases involving foreign nationals detained in Spain, we also coordinate with consular services.

Contact RINBER Immediately

Drug trafficking charges require immediate, specialist intervention. Contact RINBER Abogados Penalistas now: +34 627 467 043. We provide urgent criminal defence across all of Spain.