Article 369 [source]

Spanish Criminal Code
English translation

1. The penalties shall be increased by one degree to those indicated in the preceding article, and a fine of one to four times the amount shall be imposed when any of the following circumstances are present:

1. The offender is an authority, public official, medical professional, social worker, teacher, or educator and acts in the exercise of their position, profession, or occupation.

2. The offender participates in other organized activities or activities whose execution is facilitated by the commission of the crime.

3. The acts are carried out in establishments open to the public by the owners or employees thereof.

4. The substances referred to in the preceding article are supplied to minors under 18 years of age, to persons with mental disabilities, or to persons undergoing detoxification or rehabilitation treatment.

5. The quantity of the aforementioned substances involved in the conduct referred to in the preceding article is of considerable importance.

6. The aforementioned substances are adulterated, manipulated, or mixed with each other or with other substances, increasing the potential harm to health.

7. The conduct described in the previous article takes place in educational centers, military centers, establishments or units, penitentiary establishments, or drug rehabilitation or treatment centers, or in their vicinity.

8. The perpetrator uses violence or displays or makes use of weapons to commit the act.