Police union and Guardia Civil furious at bizarre court ruling on drugs

In a bizarre legal twist, Spain now allows the consumption of drugs inside parked cars. The turn of events has come about using the controversial “Ley Mordaza”, or ‘gag law’, which has just been in effect for the last 10 years.

The legislation, which was heavily criticised, was intended to protect the general public from antisocial behaviour. However it excluded private spaces such as a person’s home. After the arrest of a drug-taking man in his parked vehicle, the definition of “private space” has expanded to include vehicles parked on the street.

In an interesting case, the Guardia Civil accidentally revealed a legal loophole by testing a man positive for drugs during a drug test. In May 2025 Fernando Grande-Marlaska’s Ministry of Interior issued a directive that allowed individuals to be exempt from fines when they consumed drugs in stationary private vehicles. The decision was made because such behavior is not a crime under the Organic Law 4/2015 on citizen security, also known as the “Ley Mordaza”.

In response to questions from the Popular Party, the policy, outlined by Instruction 7/2025 of the Secretary of State Security, has been clarified. Socialist Party of Spain (PSOE) stated that recent judicial decisions have determined that drug use in private vehicles is not in violation of Article 36.16 Citizen Security Law because it occurs within a personal environment with a certain degree of privacy.

Court’s decision “weakens police authority”

However, this decision has been harshly criticized by the National Police Union, and Guardia Civil Associations, who claim that it “normalises” drug use and could “weaken law enforcement authority”. The Ministry of the Interior has responded that the policy allows for discretion and transfers responsibility to the police. It stated, “It’s up to prudent judgment whether this action is a serious offense.” It’s a private place with some privacy.” This ‘discretion’ opens up police to potential legal action if they were to take action against individuals using parked cars for drug consumption.

The ministry was clear, however, that drug use in a moving vehicle remains fully punishable and could constitute a crime under the Penal Code with fines ranging from €601 to €30,000 for an offence against public health or road safety. This distinction illustrates the legal boundary that separates stationary, private vehicles from those in transit.

The “Ley Mordaza” prohibits driving while under the influence.

Strange loophole limits Police and Guardia Civil’s ability to enforce law

The National Police Union says the loophole severely restricts the ability of the police to enforce the laws. The union views the decision as “a planned surrender” and not a mistake, and is concerned that it may contribute to Spain becoming a narco state. The union rejects that a vehicle owned by a person is a private space protected under the Organic Law 4/2015 for Citizen Security.

The Ministry of the Interior has not explained what happens after the drug user exits the parked car.