Can I report my neighbor for having marijuana plants? Yes, you can report it, but only under certain circumstances. In Spain, having marijuana plants at home is not a crime as long as they are intended for personal use, kept in a private space, and not visible from the outside. However, if the plants are visible from the street, from shared areas, or if they cause disturbances such as persistent odors, you can file a complaint for an administrative offence under the Citizen Security Law.
Additionally, if you suspect that the plants are intended for sale or distribution, the report may lead to a criminal investigation for drug trafficking, which could result in more serious legal consequences for your neighbor. The key is whether the legal conditions are met: personal use, privacy, and the absence of disturbances or trafficking. Therefore, if you have clear evidence —such as photos, witness statements, or ongoing nuisances— you can go to the police, your local council, or the homeowners’ association. Acting with evidence is essential for the complaint to be successful.
The Legality of Home Growing in Spain
In Spain, private consumption of marijuana is not a criminal offense. However, cannabis cultivation is not explicitly legalized, which creates a legal grey area. There is no law that sets an exact number of plants allowed, but the regulations clearly distinguish between growing for personal use and growing for trafficking purposes.
To avoid penalties, cultivation must meet these conditions:
• It must be exclusively for personal consumption
• It must take place in a private space
• It must not be visible from public areas or shared spaces
• It must not cause disturbances to neighbors
• There must be no signs of trafficking or commercial activity
If these conditions are met, the cultivation may be considered tolerated, even though it is not technically legal.
What does the law say if I want to report it?
Article 36.18 of the Citizen Security Law (known as the “Gag Law”) classifies the cultivation of drugs that are visible to the public as a serious offense. This includes balconies, terraces, or patios facing shared areas or the street.
On the other hand, Article 368 of the Criminal Code applies when there are signs of trafficking or distribution, with penalties ranging from one to three years in prison and financial fines.
Situations in Which You CAN File a Report
You can file a complaint if any of the following situations occur:
• The plants are visible from outside or from shared areas.
• The number of plants exceeds what would be reasonable for personal use.
• There are signs of trafficking: frequent visitors, suspicious exchanges, payments.
• The cultivation generates strong odors or noise (e.g., from ventilation systems).
• There are illegal installations, such as bypassing the electricity supply to power the grow.
In these cases, authorities can take action and open an administrative or even a criminal case, depending on the severity.
Cases in Which a Complaint Is NOT Appropriate
Not all marijuana cultivation is grounds for a report. If your neighbor grows discreetly and without causing any disturbance, the law will likely not take action:
• The cultivation is for personal use, discreet, and not visible.
• There is no evidence of trafficking or distribution.
• No nuisance is caused to third parties.
What Consequences Could Your Neighbor Face?
Possible penalties include:
• Administrative fines ranging from €601 to €30,000 if the plants are visible or cause disturbances.
• Criminal proceedings if trafficking or large-scale cultivation is proven.
• Confiscation of the plants and growing equipment.
• A judicial investigation if there are solid indications of a crime.
How to File a Report Correctly
If you decide to proceed, follow these recommended steps:
• Gather evidence: photographs, neighbor statements, odor logs, etc.
• Call the National Police (091) or the Civil Guard (062).
• Go to a police station and file a formal report.
• If you prefer to remain anonymous, you can submit an anonymous report, although it will carry less weight if no clear evidence is provided.
Can the Police Enter a Home Without a Warrant?
In Spain, the police cannot enter a private residence without a judicial warrant, except in cases of flagrante delicto (when a crime is being committed at that very moment). The mere smell of marijuana is usually not enough to justify entry unless there is objective evidence of trafficking or a clear danger (such as fire risk due to unsafe electrical installations).
Therefore, if the cultivation is discreet and not visible from outside, the police will need a warrant to take action.
The Role of the Homeowners’ Association
A homeowners’ association cannot prohibit cultivation inside a private property if it complies with the law. However, it can report it if the plants are visible from shared areas or if there are obvious disturbances.
It is advisable for communities to establish coexistence rules, but always within the legal framework.
What Can You Do About a Neighbor Who Uses Marijuana?
Living next to a neighbor who consumes marijuana can create tension, especially if their behavior affects the surroundings. If the consumption is private, causes no disturbance, and takes place inside their home, there are no legal actions that can be taken, as cannabis use in private spaces is not penalized in Spain.
However, if the neighbor grows, smokes, or handles marijuana in visible or shared areas—such as balconies or communal patios—or if their conduct causes nuisances (strong odors, noise, insecurity), legal or mediation measures may be considered.
The first recommendation is always dialogue: speaking respectfully with the neighbor can resolve many conflicts. If nothing changes and the disturbances continue, you can contact the homeowners’ association or file a formal complaint with the police or Civil Guard.
You may also consult a lawyer to determine whether there is legal ground for a complaint. It is essential to act based on evidence, not assumptions, as making an unfounded accusation can lead to legal consequences for the person reporting.
Spanish law permits private consumption but penalizes possession or cultivation for commercial purposes, as well as consumption in public spaces. Therefore, what you can do about a neighbor who uses marijuana largely depends on the context, the visibility of the consumption, and its impact on coexistence.
Can I Report a Neighbor for the Smell of Marijuana?
Reporting a neighbor for the smell of marijuana is possible, but it is not always effective unless supported by solid evidence. In Spain, cannabis consumption in private spaces is not penalized as long as it takes place inside a private property and does not cause serious disturbances to others. However, if the smell of marijuana is strong, persistent, and affects the neighbors’ quality of life, it can be considered an olfactory nuisance that infringes on the right to peaceful coexistence. In such cases, you can file a complaint with the local police or even request intervention from the homeowners’ association.
It is important for the complaint to be based on objective facts: frequency of the smell, intensity, impact on health or daily life, and, if possible, statements from other neighbors. You can also request an expert report on the nuisance, although this may involve additional costs.
If there are indications that the smell comes from an illegal grow, the police may start an investigation. However, the presence of odor alone does not justify entering the home without a warrant. Case law indicates that there must be other elements suggesting criminal activity, such as trafficking or large-scale cultivation. Therefore, yes, you can report the smell of marijuana, but you must provide clear evidence and act within the legal framework. In many cases, mediation with the neighbor is the quickest and most effective way to resolve the issue without taking it to court.
What Can I Do If My Neighbor Smokes Weed?
If your neighbor smokes weed and it affects your well-being, you have several options depending on the situation. First, it is important to distinguish whether the consumption takes place inside their home without causing any disturbance, or whether it happens in shared areas, generates strong odors, or affects other residents.
If the consumption is limited to the private sphere and does not cause objective disturbances, there is no legal basis for a complaint, since smoking marijuana at home—although not strictly legal—is tolerated in Spain as long as it is for personal use and not publicly visible. However, if the smoke or smell seeps into other homes, causing discomfort or health issues, you can talk to your neighbor to seek an amicable solution.
Many users are unaware of the impact they have on their surroundings and may take measures such as improving ventilation, using filters, or changing the location where they smoke. If dialogue does not work, you can inform the homeowners’ association or even file a complaint with the authorities if the nuisance is severe and persistent. In such cases, gathering statements from other neighbors and recording the frequency and intensity of the issue can help support your claim.
You can also resort to neighborhood mediation services, which help resolve these conflicts without going to court. In summary, if your neighbor smokes weed and does not respect shared spaces or affects your quality of life, you have legal and community tools to act—always prioritizing respect and peaceful conflict resolution.
Can You Report a Neighbor for Bad Odors?
Yes, you can report a neighbor for bad odors if they significantly affect coexistence or pose a risk to health. In residential communities, persistent odors caused by activities such as smoking marijuana, cooking with poor ventilation, or accumulating garbage can be considered nuisances that infringe on the right to a healthy and peaceful environment.
For a complaint about bad odors to have legal standing, the disturbance must be objective, recurring over time, and affect more than one person. It is advisable to start by documenting the issue: dates, times, odor intensity, duration, and frequency.
You can also gather statements from other affected neighbors or, if possible, request environmental measurements or a technical report. Before filing a formal complaint, it is recommended to speak with the neighbor to inform them of the problem. Often, the person responsible is unaware of the discomfort they are causing and may correct the behavior easily. If dialogue does not resolve the issue, you can escalate the matter to the homeowners’ association or the community president.
You can also contact the city council, as some municipalities have environmental inspection services. If the nuisance continues, you may file a complaint with the local police or initiate civil legal action. Article 1902 of the Spanish Civil Code allows you to claim damages caused by another person’s behavior. In short, reporting bad odors is legally possible as long as there is objective evidence and a clear impact on coexistence.
What Can I Do If I Have a Neighbor Who Smokes?
If you have a neighbor who smokes (whether tobacco, marijuana, or other substances) and it is affecting your quality of life, there are several measures you can take depending on the level of disturbance and the type of consumption. First, assess whether the smoking takes place inside their private property without generating external nuisance. In such cases, although it may be unpleasant, there is generally no legal basis for a complaint.
However, if smoke frequently enters your home, causes persistent odors, or affects people with allergies or respiratory problems, you can take action. The most recommended first step is to have a friendly conversation with the neighbor. Many conflicts like this can be resolved with simple changes, such as smoking in a different area or using an air purifier. If the neighbor does not respond, you can escalate the issue to the homeowners’ association.
In some cases, internal rules can be established to preserve coexistence in shared areas such as patios or terraces. When the disturbances are constant and seriously affect your well-being, you can file an administrative complaint or a civil lawsuit for violation of your rights as a neighbor. In such cases, it is useful to gather evidence: videos, incident logs, statements from other neighbors, etc.
If the neighbor smokes marijuana, besides the smoke issue, there may be legal implications if the consumption is visible from the street or if there are indications of trafficking or illegal cultivation. In summary, if your neighbor smokes and it negatively affects your daily life, you have the right to take action—always prioritizing dialogue and using legal avenues only as a last resort.
Can I Complain If My Neighbor Smokes?
Yes, you can complain if your neighbor smokes and their behavior negatively affects your well-being or your home environment. Although smoking inside one’s own residence is allowed, when this action causes disturbances to neighbors—such as persistent odors, smoke infiltration, or health issues—it is completely legitimate to raise a complaint.
The most effective way to begin is by speaking directly with the neighbor in a respectful manner and explaining how it is affecting you. Many conflicts are resolved simply by making the problem visible. You can suggest alternatives such as smoking in a better-ventilated area, using smoke filters, or changing locations to minimize the impact.
If the consumption of tobacco or marijuana becomes a persistent issue and dialogue fails, you can turn to the homeowners’ association to seek a collective solution, especially if the smoking occurs in shared areas or affects multiple homes. You can also contact neighborhood mediation services offered by many city councils. In more serious cases, or if there are legal implications (for example, marijuana cultivation or consumption visible from the outside), you may file a formal complaint with the police or consult a lawyer.
The law protects your right to enjoy your home without external disturbances, especially when minors, sick individuals, or people with allergies are affected by the smoke. Therefore, complaining is your right, as long as you do it with justification, with the intention of resolving the conflict, and without making accusations without evidence. Good coexistence depends on mutual respect, but also on knowing how to defend your rights when they are violated.
Penalties for Having Three Marijuana Plants
In Spain, there is no law that specifies an exact number of marijuana plants that is allowed, but having three marijuana plants at home can lead to legal consequences depending on several factors. If those three plants are grown in a private space, not visible to the public, and exclusively for personal use, authorities may consider it cultivation for self-consumption, which is not punished with prison sentences.
However, if the plants are visible from public areas, streets, terraces, or shared patios, it may be classified as an administrative offense under the Citizen Security Law, also known as the “Gag Law,” with fines ranging from €601 to €30,000.
On the other hand, if there are indications that the cultivation may be intended for trafficking or distribution—such as weighing tools, large quantities of fertilizers, or frequent visits—authorities may apply Article 368 of the Criminal Code, which establishes penalties ranging from one to three years in prison, as well as fines.
In summary, the penalty for having three marijuana plants depends on the circumstances: if it is a private, discreet, personal grow, there are normally no criminal consequences; if it is visible or linked to criminal activity, it can lead to administrative sanctions or even judicial action. For this reason, maintaining privacy and being able to demonstrate personal use is essential.
How Much Is the Fine for Having Marijuana Plants?
The fine for having marijuana plants at home in Spain can vary significantly depending on the circumstances of the cultivation. If the grow is considered an administrative offense—this happens when the plants are visible from outside (for example, from the street or shared areas)—the sanctions outlined in the Citizen Security Law apply. In this case, the minimum fine is €601 and can reach up to €30,000, depending on the severity of the violation, the number of plants, repeat offenses, and the potential impact on the community.
If, however, it is proven that the cultivation is not for personal use but for sale or distribution, the situation becomes more serious, as it is treated as a crime against public health under Article 368 of the Criminal Code. In this scenario, penalties may include prison sentences ranging from 1 to 3 years and substantial financial fines.
It is important to note that although therapeutic or medicinal use is increasingly normalized socially, the law still does not regulate it clearly. Therefore, the key to avoiding sanctions is ensuring that the plants are not visible to the public and that the number and conditions of the grow are consistent with personal consumption. Keeping seed purchase receipts or maintaining personal consumption records can help as a defense in case of inspection. In summary, the fine for having marijuana plants depends on the legal context and the authorities’ perception of their intended use.
Is It Legal to Have One Marijuana Plant at Home in Spain in 2025?
In 2025, Spanish legislation still does not explicitly legalize the cultivation of marijuana. However, it does not strictly prohibit it when it is meant for personal use in a private space. For this reason, having a marijuana plant at home can be considered de facto legal if certain conditions are met. The key factors are its purpose, the location of the grow, and whether there are signs of trafficking or public visibility.
A single marijuana plant for personal use, kept in a private area and out of public sight, should not cause legal issues. This applies to plants kept inside a home or in a grow cabinet. However, if the plant is on a balcony, terrace, or shared area where it is visible to neighbors or authorities, it may be treated as an administrative offense. In that case, fines under the Citizen Security Law may apply.
Even with just one plant, legal risks increase if there are signs of commercial intent. Packaging materials, large quantities, or scales can lead to suspicion. If these elements appear, the case may fall under Article 368 of the Criminal Code. This article covers crimes related to drug trafficking.
In short, having one marijuana plant in Spain in 2025 is not illegal if it is for personal use, kept in a private area, and does not create disturbances or raise suspicion. Still, no law explicitly authorizes home cultivation. Because of this, authorities may interpret each case differently. The safest approach is to remain discreet and keep proof that the grow is only for personal use.
What Happens If You Get Caught With 200 Marijuana Plants?
If you are caught with 200 marijuana plants in Spain, the situation changes drastically compared to tolerated self-cultivation. With such a high number of plants, authorities will automatically assume that the cultivation is intended for trafficking or distribution, which constitutes a serious crime against public health under Article 368 of the Criminal Code. In these cases, the volume of the grow far exceeds any justification of personal use, and therefore a criminal case is opened.
Penalties can include one to three years in prison, along with potentially very high financial fines, as well as the confiscation of plants, cultivation equipment, and, in some cases, even intervention or seizure of the property if sufficient evidence exists. Furthermore, if aggravating factors are present—such as proximity to schools, involvement of minors, or links to organized groups—sentences may increase significantly.
In cases like this, claiming that the cultivation is for personal use is not enough, since 200 plants produce far more cannabis than an average person could consume in a year. Other elements will also be evaluated, such as the presence of scales, cash, frequent visits, or packaging materials. If you are detained with 200 plants, it is very likely that you will face a formal criminal charge and, unless there are exceptional mitigating circumstances, a conviction. Therefore, specialized legal assistance is essential. In summary: with 200 plants, there is no room for a favorable interpretation, and the law responds with severity.
Acquitted for Growing Marijuana
Although growing marijuana in Spain can lead to legal consequences, some people have been acquitted after being tried for cultivating cannabis. This happens when it is proven that the grow was exclusively for personal use. Spanish case law includes several rulings where judges acquitted defendants because there was no evidence of trafficking.
To be acquitted for growing marijuana, certain conditions must be met. The number of plants must be reasonable when compared with annual personal consumption. The cultivation must also be in a private space that is not visible to the public. There must be no signs of commercial activity, such as scales, cash, frequent visitors, or packaging materials.
It is also important that the defendant has no criminal record for similar offenses. In these situations, the defense may argue that the cultivation is for treating chronic conditions. It may also be for non-profit recreational use or for therapeutic purposes. The burden of proof usually falls on the prosecution. If clear indicators of trafficking cannot be shown, the judge may issue an acquittal.
Growing marijuana at home remains legally risky, but it does not always end in a conviction. Courts analyze the context and the specific details of each case. When good faith and the absence of commercial intent are proven, an acquittal is possible. This shows how important it is to act responsibly and stay within the limits that the justice system considers reasonable.
How Many Marijuana Plants Can I Legally Have in Spain According to the BOE?
The Spanish Official State Gazette (BOE) does not establish any specific law that sets an exact number of marijuana plants you can legally have. This creates significant confusion among citizens, as many people mistakenly believe that there is a “legal limit” of two or three plants. The truth is that Spanish legislation does not define a maximum number of plants; instead, it focuses on the purpose of the cultivation and whether it is visible to the public.
According to Article 368 of the Criminal Code, drug cultivation is punished if there are signs of trafficking. Meanwhile, the Citizen Security Law classifies cultivation that is visible from outside as an administrative offense, even if it is intended for personal use.
Therefore, the number of plants is not the decisive factor—context is what matters. Authorities evaluate whether the cultivation is proportional to personal consumption and whether there is evidence that it is not intended for sale. To estimate how many plants you can keep without legal risk, many legal experts suggest an indicative formula based on annual consumption:
365 days × daily grams = estimated production needed.
This amount can then be compared with the expected yield per plant to avoid suspicious surpluses.
In summary, the BOE does not set a legal limit for marijuana plants. What is clear is that cultivation must be discreet, for personal use, and free of any signs of commercial intent. Exceeding these conditions can result in administrative fines or even criminal prosecution. Discretion and proportionality are key when growing at home for personal use.
Maximum Number of Marijuana Plants
In Spain, there is no legally defined “maximum limit” for marijuana plants. The number of plants alone does not determine whether a grow is legal. What matters is how the cannabis is used. It also depends on whether the plants are visible and whether there are signs of commercial intent.
Many people believe they can legally have “up to three plants.” This idea does not appear in Spanish law. In reality, any cultivation can be sanctioned if certain conditions are not met. A grow may be tolerated when it is for personal use, placed in a private area, not visible from the outside, and causes no disturbances. In these cases, even five or six plants may be acceptable if they match personal consumption.
However, authorities may act if there are 10, 20, or more plants. They may also intervene if the plants are visible. In those situations, the grow can be considered intended for distribution. This may lead to administrative fines or even criminal charges. Yield is also relevant. If the plants produce more cannabis than one person could consume in a year, the excess may seem unjustified.
There is no official maximum. A practical approach is to estimate the number of plants based on personal consumption. It also helps to document their therapeutic or recreational purpose to avoid misunderstandings. In the end, what matters is not how many plants you have, but how, where, and why you cultivate them.
Is It Legal to Have Marijuana Plants at Home in Spain?
Having marijuana plants at home in Spain is not strictly legal. However, it is not criminally punished if certain conditions are met. The legal framework remains unclear. It does not explicitly allow home cultivation, but it tolerates it when it is for personal use, takes place in a private space, and is not visible from the outside.
a-end=”947″>You can keep marijuana plants at home as long as there are no signs of trafficking. You must also avoid violating the Citizen Sec
urity Law, which penalizes cultivation visible from public areas or shared spaces. This law imposes fines from €601 to €30,000. In more serious situations, when the grow appears to be intended for sale, Article 368 of the Criminal Code applies. This article includes penalties of one to three years in prison.
To avoid legal issues, the number of plants and the amount they produce should match your personal consumption. It is also essential that the plants remain inside private property and cannot be seen from outside, even by drones. There must be no elements that suggest trafficking or distribution.
Although the law remains ambiguous, Spanish courts have often recognized the right to grow cannabis for personal use. This applies only when the legal conditions are respected. In short, having marijuana plants at home in Spain is tolerated but not fully legal. Discretion, proportionality, and strictly personal use are key to avoiding sanctions.
