In brief

  • Benalmádena follows the same national law as the rest of Spain. Using cannabis is not, in itself, a criminal offence, but trafficking it, or otherwise promoting, encouraging or facilitating its illegal consumption, is a crime (Criminal Code, Article 368).
  • Using or carrying cannabis in public places, in public establishments or on public transport is a serious administrative offence. In Benalmádena, that includes the beach, the promenade, the walkways and bars of Puerto Marina, and the bus.
  • No national law, and no regional law in force, regulates cannabis associations, Andalusia included. Being entered in a register of associations does not authorise any activity involving cannabis.
  • Driving with drugs in your body is banned, and driving under their influence is a crime.
  • Medicinal cannabis is a separate matter: since October 2025, standardised cannabis preparations can only be prescribed by hospital specialists and supplied by hospital pharmacies.

What Spanish law says

Is weed legal in Benalmádena? There isn't a simple yes or no. It depends on where you are and what you're doing.

The law that matters most here is national. The Criminal Code (Código Penal) and Spain's public safety law apply across Benalmádena, from the old village of Benalmádena Pueblo to Arroyo de la Miel and the seafront at Benalmádena Costa, exactly as they do everywhere else in Spain. They're the same for everyone, whether you live here all year or you're here for a week.

Spanish law separates crimes, which are set out in the Criminal Code, from administrative offences, which are set out in other laws. Cannabis comes up in both.

Article 368 of the Criminal Code makes it a crime to traffic in illegal drugs, to "otherwise promote, encourage or facilitate" their illegal consumption, or to possess them for those purposes.

Personal use isn't on that list. That doesn't mean there are no consequences, though: in public, it's an offence under a different law, as the next section explains.

For the national picture, read our guide Is weed legal in Spain?

Private places and public places

In a private place, such as your own home, using cannabis yourself is not, in itself, a criminal offence: Article 368 doesn't cover personal use.

Public places are a different matter. Under Spain's public safety law (Organic Law 4/2015, Article 36.16), using or carrying illegal drugs in public places, on public roads, in public establishments or on public transport is a serious administrative offence, even if the drugs are not intended for trafficking. Leaving behind the things used for it in those places is covered too.

A few points that people often miss:

  • Carrying counts, not just using. Having cannabis on you in a public place is enough, even if it's only for yourself.
  • Out of sight isn't the same as private. A quiet street in Arroyo de la Miel, a bench at the far end of the promenade or the steps down to the beach are all still public places.
  • It isn't a crime, but it isn't nothing. An administrative offence can lead to a fine.
  • It isn't only about the person using it. Owners, managers or people in charge of public premises or establishments who allow drug use there, or don't take reasonable care to prevent it, also commit a serious offence (Article 36.19).

Hotels and holiday apartments have their own rules for guests as well. And if in doubt, count a place as public.

The beach, the promenade and the bus

Most of the places people ask about in Benalmádena are public in the sense of the law. Here's how the rule applies to them.

The beach

The beach is a public place: the sand, the showers and the paths down from the road. Beach bars, the chiringuitos, are public establishments. So using or carrying cannabis on the beach falls under Article 36.16, whatever the time of day and however empty the beach looks.

The promenade

The paseo marítimo, the seafront promenade, is a public place along its whole length, gardens and benches included. The terraces of the bars and restaurants along it are part of public establishments, so the same rule applies there.

Puerto Marina

The parts of Puerto Marina that anyone can walk through, such as its walkways and quaysides, are public places, and its bars and restaurants are public establishments. The rule applies to both.

The bus and the train

Buses are public transport, so the rule applies on board, whether that's the M-110 along the coast or a bus up to Arroyo de la Miel. The same goes for the C1 train, and for bus stops and stations.

Cannabis associations in Benalmádena

Cannabis associations, also called cannabis social clubs, are often misunderstood. A cannabis association is set up as a private, non-profit association of adult members, who join in their own name and agree to its rules. Its premises aren't open to the public.

There is no national law regulating cannabis associations, and no regional law in force that does so. That includes Andalusia. Navarre and Catalonia passed laws on them, and the Constitutional Court struck both down. A Basque provision survives only on a narrow reading, which doesn't give associations a basis for supplying cannabis to their members.

Being entered in a register of associations does not authorise any activity involving cannabis. And under Instruction 2/2013 of Spain's State Public Prosecutor's Office (Fiscalía General del Estado), prosecutors look at what an association actually does, not only at what its statutes say.

So, what an association isn't:

  • It isn't open to the public. Only members come in.
  • It isn't a medical service. Medicinal cannabis has its own rules (see below).
  • It doesn't change the law outside. Being a member doesn't change the rules on public places or on driving.

Honey Weed Club is a private, non-profit cannabis association on Avenida Antonio Machado, near Puerto Marina. Membership is for adults aged 18 and over with their original identity document. Registration is completed in person, at the club, and every member reads the club rules and agrees to them. Consumption stays on the premises.

For what the courts have said about associations, read our guide How do cannabis clubs work in Spain?

Driving

Benalmádena is spread out, from the seafront up to Arroyo de la Miel and the Pueblo, and plenty of people drive. The law on this leaves little room for doubt.

Spain's traffic law (Royal Legislative Decree 6/2015, Article 14.1) bans driving with drugs present in the body. The only exception is medicines taken on prescription for therapeutic purposes, when the driver is still fit to drive. The ban is about drugs being present in your body, not only about feeling their effects.

Police test for drugs with a saliva sample (Article 14.3). Driving under the influence of drugs is also a criminal offence in its own right, under Article 379.2 of the Criminal Code.

If you've used cannabis, don't drive. Between the C1 train, the buses and taxis, there are other ways to get around. Train and bus times and stops are on our Visit page.

Medicinal cannabis is a separate matter

Some people arrive in Benalmádena having heard that Spain changed its cannabis rules in 2025. The 2025 change was about medicinal cannabis, which has rules of its own.

Royal Decree 903/2025 of 7 October, published in the Official State Gazette (BOE) on 9 October 2025 and in force since 10 October 2025, sets the conditions for standardised cannabis preparations used as medicines. Only specialist doctors working in hospital care can prescribe them, and hospital pharmacy services prepare and supply them.

It's a purely medical framework. The decree doesn't mention cannabis associations, and it doesn't change the rules on non-medical use. Honey is a members' association, not a medical service. If you're thinking about cannabis for a health condition, the place to start is your doctor.

Thinking about membership? See what it involves at Honey.

Sources

All sources are official Spanish documents, in Spanish.

This is general information about Spanish law, not legal advice. Laws and court rulings change. For your own situation, please speak to a qualified lawyer.

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