# Drug Trafficking Charges in Spain: What to Expect

URL: https://lawyer.rinberabogados.com/drug-trafficking-charges-spain/
Updated: 2026-04-19
Firm: RINBER Criminal Lawyers Spain (Málaga, since 1999)

Drug trafficking is one of the most serious criminal offences under Spanish law. Convictions can result in prison sentences of between 3 and 21 years, depending on the substance, quantity and whether aggravating circumstances apply. If you are facing drug-related charges in Spain, specialist legal representation is not optional — it is essential.

## Which Courts Handle Drug Cases in Spain?

The court handling your case depends on its complexity:

- **Juzgados de lo Penal** — for minor drug offences (possession for personal use, small-scale distribution).
- **Audiencia Provincial** — for more serious offences prosecuted as *procedimiento abreviado* or *sumario*.
- **Audiencia Nacional (Madrid)** — for organised drug trafficking with international connections. This is the most serious tier and requires a national-level specialist.

## Sentences for Drug Trafficking in Spain

Under Article 368 of the Spanish Penal Code:

- Substances causing serious harm to health (cocaine, heroin): **3 to 6 years**.
- Less harmful substances (cannabis): **1 to 3 years**.
- Aggravating circumstances (large quantities, organised crime, leadership): sentences can reach **18 to 21 years**.

## Key Defence Strategies

- Challenging the legality of the search or wiretap that produced the evidence.
- Arguing possession for personal consumption rather than distribution.
- Contesting the chain of custody of drug samples.
- Attacking witness identification evidence.
- Negotiating a conformity (guilty plea deal) when it produces a significantly better outcome than a full trial.

## Contact RINBER

Javier and Manuel Rincón Bernal have over 25 years' experience in drug trafficking defence across all Spanish courts, including the Audiencia Nacional. Call [+34 627 467 042](tel:+34627467042) — available 24 hours.