If you are interested in the use of marijuana in Spain, it is important to know what is the maximum amount allowed for its possession. The regulation of this plant in the country is a controversial and changing issue, so it is essential to keep updated on the laws and regulations applicable at all times.
In Spain, there is no amount of marijuana permitted by law. Courts use reference amounts (around 100 grams) to distinguish personal use from trafficking, but they are not an allowance: possession in public places is fined regardless of the amount. Private consumption by adults, i.e. at home or in a non-public place, is not penalized.
This article gives a complete overview of the current regulations on marijuana use and possession in Spain, including the reference amounts used by the courts, the penalties for non-compliance and some practical tips to avoid legal problems.
What is the maximum amount of marijuana allowed in Spain?
In Spain, there is no amount of marijuana permitted by law. Courts use reference amounts (around 100 grams) to distinguish personal use from trafficking, but they are not an allowance: possession in public places is fined regardless of the amount. Private consumption by adults, i.e. at home or in a non-public place, is not penalized.
It’s worth mentioning that this 100-gram reference is not a figure set by law, but comes from Supreme Court case law. Since then, this amount has become a general criterion that courts often use to distinguish between personal use and drug trafficking.
It’s important to note that this 100-gram reference only applies to marijuana. Other psychoactive substances, such as cocaine or heroin, have much lower possession thresholds and are subject to more serious criminal penalties.
What are the penalties for marijuana possession in Spain?
Although possessing marijuana for personal use is not a crime in Spain (in public places it is fined), selling it is a crime and growing it is only tolerated in a private place, not visible from the street and for personal use. Possession of more than 100 grams of marijuana may be considered drug trafficking and subject to criminal penalties.
Penalties for marijuana possession in Spain vary depending on the amount and purpose. In general, possession of large quantities of the plant is considered an offense, as it may indicate that an illegal commercial activity is being carried out.
For possession of small amounts in public places, the penalty is an administrative fine ranging from 601 to 30,000 euros, depending on the amount of the drug and other factors, such as repeat offenses.
It’s important to note that, although possessing marijuana for personal use is not a crime in Spain, if you carry it in public, the authorities can confiscate it and report you, with the corresponding fine.
Tips to avoid legal problems
If you are a marijuana user in Spain, there are some precautions you can take to avoid legal problems:
- Do not consume in public places: as mentioned above, marijuana consumption is only allowed in the private sphere. Avoid using in the street, parks or other public places.
- Be careful with growing: growing for personal use in a private place is not a crime, but plants visible from public spaces are an administrative offense, and there is no permitted number of plants. If you grow, do it discreetly and only for yourself.
- Do not buy marijuana on the street: the sale of marijuana on the street is considered drug trafficking and is punishable. In addition, the quality of the drug sold on the street is not guaranteed and can be dangerous to health.
- Don’t carry marijuana: carrying it in public is fined even if it’s a small amount, and carrying large amounts may be considered drug trafficking and subject to criminal penalties.
By following these recommendations, you’ll greatly reduce the risk of running into legal problems.
The regulation of marijuana in Spain remains a controversial and evolving issue. Although possession for personal use is not a crime, selling is, and growing is only tolerated in private and for personal use.
It’s important to keep in mind that the 100 grams are only a reference amount used by the courts, not a permitted amount, and that marijuana can only be consumed in private. If you’re a marijuana user in Spain, it’s advisable to take some precautions to avoid legal problems.
In summary, marijuana in Spain is still a complex issue, but knowing the regulations and following the right recommendations, you will be able to enjoy it without problems.
FAQs
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- Can I carry marijuana in my car in Spain? No: carrying it in your car counts as possession in a public place and can be fined; in addition, transporting large amounts may be considered drug trafficking and subject to criminal penalties.
- What happens if I am reported for marijuana possession in Spain? If you are reported for possession of marijuana in Spain, you may have to pay a fine depending on the amount of the drug confiscated.
- Can I buy marijuana in a store in Spain? No. Selling marijuana is a crime throughout Spain, and no store can legally sell it.
- Can I smoke marijuana in the street in Spain? No, marijuana consumption is only allowed in the private sphere in Spain.
- How long can marijuana be detected in a drug test in Spain? The time marijuana can be detected in a drug test depends on several factors, such as the amount consumed and the frequency of consumption. In general, it can be detected in urine for a few weeks after consumption.
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