Drug controls on Spanish roads

They’ve been around for years, but they’re far from fair, as they assume that detecting a metabolite equates to being under its effects, which simply isn’t true. When we’re subjected to a narcotest or roadside cannabis test, they aren’t measuring our ability to drive—they’re detecting traces of substances in our bodies, even when these no longer impair driving ability. Today, we share everything we know about drug testing on Spanish roads.

Introduction

In recent years, cannabis use—whether for recreational or therapeutic purposes—has fueled intense debate surrounding its regulation and impact on areas like road safety. Spanish law strictly prohibits driving under the influence of any drug, including cannabis, and authorities have heightened roadside checks to ensure that drivers are not impaired by psychoactive substances.

With the rise in roadside controls, cannabis users are facing increasing challenges, especially those using cannabis for medicinal purposes under medical prescription. While recreational cannabis use remains illegal in Spain, medicinal use has been approved in certain cases, creating a complex legal framework around traffic enforcement. This article will delve into the cannabis control measures on Spanish roads, the legal consequences, and how these measures impact various cannabis users.

Cannabis roadside checks

The narcostests, “drogotests” or drug controls carried out by the authorities (local police and civil guard) are not very legitimate. These controls have major flaws, and in this content we are going to explain them all. For example, the equipment used to carry out the controls is almost never checked and calibrated by the appropriate body.

On the contrary, alcohol testers are checked on strict dates, at the beginning of their use and every few years. Failure to pass one of these checks/calibrations invalidates the results obtained by it, so why doesn’t the same thing happen with narcotests?

Because of this issue, Héctor Brotons(Estudio Jurídico Brotsanbert) is taking the narcotest to the Constitutional Court. This issue is pending resolution and could invalidate marijuana controls on the road.

But the main problem is that this system cannot determine whether you are high or not, the machine cannot determine whether the substances assimilated by our body have been consumed in the hours prior to the control, if they have been consumed 5 days before, or even the previous month. Positive results are given by people who have not used for a month, which is not fair.

What to do in a drug test?

If you have been using recently, there is nothing you can do to avoid testing positive. However, if you have been using cannabis for some time and are no longer under the influence of cannabis, there are some options that can be explored.

One option is to call for an ambulance, which can more accurately determine the exact time of use. This may save you from more than one residual positive, but if you have used recently, it will not help you.

Another option is to play the fool and see if they forget or mislead you about the second test done by the doctors. If they do not do the second test, you can appeal and testify that the “drogotest” itself is not as valid as it should be. In this way you would have to wait for the decision of the Constitutional Court (TC). It is not known how long it will take for a decision to be handed down, nor whether it will be positive, but it is the other option available.

Legality of drug tests

When the driver is stopped at the control, a traffic officer of the Guardia Civil informs him/her of the obligation to submit to tests for the detection of narcotic substances (art. 27 of the general traffic regulations). In case of refusal, a report will be made for an administrative offence which will lead to a fine of 1000 euros, two months’ suspension of the driving licence and the loss of 6 points. Therefore, it is not a good idea to refuse the control in the first place.

Once the control has been carried out, if it is proven that you have driven under the influence of toxic drugs (i.e. relevant blood test by the National Institute of Toxicology) it can be a criminal offence (art. 379 of the penal code).

Why do we say it can be, because there is an important nuance in the penal code, criminally, consumption is not enough, it is necessary to prove the influence, or what is the same, a decrease in the capacities associated with this positive.

For example, in a specific case, the decision was as follows:

It is not known whether driving with this intake previously reduced the defendant’s attention span and ability to operate the car he was driving, as there is no report from the forensic doctor.

And it is not a problem of the forensic environment that underlies this lack of prosecution evidence. What happens is that the forensic expert agrees with the Audiencia in admitting that it is very difficult to know whether or not an individual who has taken drugs is fit to drive a car.

In addition, a medical report or a police report is needed to prove that the drug use actually affected driving.

Other considerations for roadside checks

Officers have 3 possible ways, depending on the case, to analyse a sample. They take the sample on the spot and send it to the laboratory for analysis while waiting for a positive result. Bring the person to hospital or bring a doctor and an ATS on the road. The latter is the least common because it is very expensive.

There are occasions where the chain of custody of the sample, the result of the test, is lost, as it goes from hand to hand. Or it has not been properly recorded, which a good defence lawyer can detect and take advantage of by seeking acquittal on the basis of invalid or non-existent evidence.

Finally, it should not be forgotten that with drug use there are no minimum margins as there are with alcohol. So you should bear in mind all of the above, by way of summary:

• There are no thresholds for drug tests, it is sufficient that the driver tests positive.
• You can test positive for cannabis a month after using it.
• Proving its effects for a criminal conviction is not so easy, even in breathalyser tests with clear fixed standards, there is still some ambiguity when it comes to convicting a driver.
• Nor should we forget that narcotic substances can be very varied: many completely legal medicines could be considered drugs and test positive for narcotics.
• Finally, we recommend that as consumers you go to your family doctor, inform him/her of your habitual or sporadic use of Cannabis and that he/she takes this into account, because for legal purposes it is something important to be able to rely on if there is a complaint.

Legal Consequences of Driving Under the Effects of Cannabis

Driving under the influence of cannabis in Spain carries serious legal penalties, both in terms of fines and loss of driving licence points. Current legislation establishes that the mere presence of THC in the driver’s system is enough to be considered an offence, without the need to prove a state of intoxication at the time of the control. This regulation has generated debates about its fairness, especially among medical cannabis users, who may test positive in saliva tests days after having consumed the product and when they no longer experience any psychoactive effects.

Penalties for a positive drug test usually include a fine of around 1,000 euros and the loss of six points on a driver’s licence. In cases of repeat offences or when drug use is associated with dangerous behaviour on the road, the consequences can be even more severe, including withdrawal of the licence and, in extreme cases, imprisonment. In addition, professional drivers are subject to even stricter rules, as they are subject to zero tolerance.

For many, these measures are necessary to maintain road safety, while others argue that it would be fairer to assess the driver’s actual level of ability, rather than simply the presence of THC. This approach would allow responsible users of medical cannabis to avoid unfair penalties. In the meantime, it is essential that all drivers are aware of these laws and act responsibly on the road to avoid legal consequences and preserve everyone’s safety.

Alternatives and Advice for Cannabis Consuming Drivers

For cannabis users who need to drive, there are recommendations and alternatives to avoid penalties and promote responsible driving. One of the first suggestions is to be aware of the metabolisation times of cannabis in the body. Although the psychoactive effect may wear off within a few hours, THC metabolites can remain in the body for days, resulting in a possible positive detection in saliva tests.

Another option is to opt for alternative means of transport in the hours after cannabis use, especially if it has been recreational or medicinal. Using public or private transport services such as taxis, buses, or shared mobility platforms is a way to ensure road safety and avoid legal problems.

For those who use medical cannabis, it is advisable to always carry medical documentation supporting the therapeutic use of the plant. Although in Spain this does not exempt from roadside drug testing, having a medical prescription can be useful in legal contexts and show the intention of responsible and necessary consumption.

Finally, it is important that all users are informed about the effects of cannabis and the risks of driving under the influence. Safe driving is a priority for both the individual and others on the road. If you have doubts about your ability to drive, the best thing to do is always to wait a reasonable time or avoid driving, thus favouring responsible and risk-free driving.

Finally, there is a drug residue remover, which allows you to remove the remains of substances from your mouth. It does not prevent a positive for having consumed, but it can be of help to avoid the residual positives of habitual users, which are the most unfair and do not affect driving at all. You can see the product in our online shop at the following link:

We hope this content can be useful for you, follow us on social networks and subscribe to our mailing list. Finally, we leave you a link to another legal topic that may interest you, a model complaint for illegal searches, we hope you like it.

Brais Nieto

Founder of Experiencia Natural, creative and entrepreneur, designer, master in grower and marketing. For a normalization of all plants and substances, giving priority to patients and users.