Posted in Noticias
By Power Cogollo
Monday, October 14, 2019 5:53:59 PM (Europe / Paris)
Up to 35% of Spaniards claim to have used cannabis on at least one occasion in their life according to the latest Survey of the Ministry of Health on alcohol and other drugs in Spain. Thus, we are facing the most consumed illegal drug in Spain, but do we really know what the Cannabis legislation is in Spain? At Power Cogollo, we don’t just sell cannabis vaporizer, but we also care about these issues.
Is marijuana legal in Spain?
As you see in the statistics (and on the street), many are the people who use marijuana without having problems with the law. Is marijuana legal in Spain? The reality is that it is not legal, despite the fact that there is currently a kind of legal limbo, so despite the fact that its consumption is prohibited, it is allowed in some cases. Therefore, so that our readers do not get confused, we are going to try to explain the situation and the legislation of Cannabis in Spain.
What does the law say about cannabis use in Spain?
The Penal Code punishes “The cultivation, the elaboration, the traffic and the possession illicit, as well as activities that promote, favor or facilitate the consumption of toxic drugs, narcotics and psychotropic substances “. The article 368 distinguishes between drugs that cause serious damage to health and those that do not, such as Marijuana. That is why the consumption, possession and cultivation of Marijuana is not considered a crime as long as it is not intended for trafficking and whose objective is consumption.
We understand that the situation is a bit messy and that is why we are going to summarize it as clearly as possible:
Questions and answers about cannabis legislation in Spain
Can I grow marijuana?
The cultivation of marijuana is legal as long as it is not seen from the public highway. In addition, and as we have been saying throughout the article, it must be intended for self-consumption. If there are indications that it will be used for sale, the police could request a court order to access the home or premises where it is located.
What are the fines for possession of cannabis in public places?
Possession of marijuana is legal as long as it is in private spaces and as long as it is proven that it is for personal use and not for sale. The sale of Cannabis is punishable by 3 to 4 years in prison depending on the amount. Possession of Marijuana in public spaces is fined between € 601 and € 10,400 if the accused has no prior record.
Is buying marijuana illegal?
Obviously, the purchase of marijuana is illegal unless it is done in spaces where its sale is “allowed” such as cannabis associations and clubs, where collective cultivation is usually done for the members themselves. In this way you can avoid buying cannabis on the black market, which you also have no control over. In the Cannabis Associations themselves, they take great care of the quality of the collective product, to prevent users from consuming traces of pesticides, plant fungi and others.
As we have seen in this post by Power Cogollo, Cannabis legislation in Spain is a bit messy. If you have any questions about it, don’t hesitate to ask us!