Again, it’s really important to understand that this does not mean that growing marijuana in your house for personal reasons is legal . If there is any term we can use to define personal marijuana cultivation and use, it is decriminalized.
As it stands, growing weed in Spain is illegal if it is going to be sold illegally. With that being said, there’s no specific stipulation about growing marijuana for personal use, and this complicates matters. Social clubs have been able to grow and sell marijuana to their members because of this exact loophole. However, this blind spot in the law also means that each personal case that makes it to the courtroom is decided using case law and with the discretion of the judge.
Catalonia enacted its very own statute for the regulation of cannabis social clubs in Barcelona and the area. The act outlined the regulations for obtaining a membership, the production and transport of cannabis, the rights of the members and of the social clubs and more. This was obviously a step towards legalizing cannabis in Catalonia. Unfortunately, the act was considered to be inconsistent with federal law and unconstitutional and Catalonia lost the right to enforce the statute.
So now we’ve ascertained that you can’t grow marijuana to traffick and you definitely can’t grow somewhere that’s visible to the public under any conditions. But technically, so long as your grow is destined to end up in your own lungs and the operation takes place away from the public eye, you won’t be punished by the law.
Royal Queen Seeds
Aside from the statute that we mentioned outlining the regulation of cannabis within social clubs, these weed-friendly institutions make their way through a loophole in the law. Remember the differentiation between trafficking and personal use that we talked about before? Well, this is how Barcelona social clubs manage to get away with cultivating and selling weed.
There is a loophole regarding the self-consumption delimitation amount, as there is no precise dose that accounts how much can each person ingest or grow. The CONFAC (cannabis associations federation) suggests a monthly consumption of 60 g per member, but such recommendation is not reflected by any Spanish law.
The Law on the Protection of Public Safety (from now on LPPS), which has been in force since the first of July of 2015 and is also known as “the Gag Rule”, details that those being in possession of drugs or consuming them in public places will receive a fine that will range between 601-10400 euros, depending on the aggravating circumstances. If the confiscated amounts were aimed at third parties, then it is considered as a crime against public health and therefore; penalized with 3 to 6 years of jail plus a fine that triples the value of the drugs, according to what has been stipulated in article 368 of the Penal Code.
Is It Legal to Grow Weed in Spain?
The European Court of Supreme Justice ruled a new legal frame that facilitates the merchandising of products with CBD and impedes any European member state from prohibiting such activities; as long as the substances have been legally extracted from the cannabis sativa plant in another European country. Nevertheless; the AEMPS (Spanish Agency of Drugs and Sanitary Products) is still reluctant to legalize CBD or at list included among the list of dietary supplements.
Consequently, growing marijuana can not be considered as illegal as long as examples are well hidden from public view and targeted to self-consumption. State Security Forces are entitled to search private homes and establishments if there are suspicions of profit-making purposes; but of course, they’ll have to be in possession of a court order. The legal bases that avail the growth of cannabis plants is stated in articles 18 and 22 of the Spanish Constitution, which guarantees the legal right to privacy and associative relations. The Magna Carta permits all Spanish citizens to freely perform private activities without authorities’ forays and also the right to join any non-profit organisation.
What is the Actual Law Regarding Marijuana?
Nowadays, different political parties – availed by the vast majority of the Spanish Society- are willing to completely reformulate the current legal framework in order to regulate its therapeutic use and meet the needs of medicinal cannabis consumers. On the other hand, parliamentary differences are centered in the regulation of marketing and recreational uses; as well as in adding a new regulation to serve as a base for cannabis’ self-cultivation.
Selling even a small .5 to your grandfather would be still illegal, and Spain dishes out harsher penalties for sellers that provide a higher amount or are repeat offenders. While you may not be hauled off straight to jail, there could be a pretty hefty fine coming your way if you’re caught. Typical fine ranges from 250-300 euros.
This means that you own a small portion of whatever the club grows. Think of it as “X membership covers x amount of grams.” Some of these clubs aren’t able to afford the space or equipment, and will oftentimes buy it from other clubs or farms in the countryside. Illegal buys are common with some clubs that have seen repeat raids from officers.
Spain’s laws on Cannabis don’t fall too far away for the U.S’s. Both understand that what a person does privately in their own homes is not of the state concern unless the resident breaks a crime. In this article, we will go over what you should know if you plan on using in Spain, as well as some general history on the countries outlook of the plant.
Age requirements are very strict. Many clubs ask that the member be at least 21 with newer clubs lowering that bar down to age 18. False I.D’s seem to never work here due to the high scrutiny each one undergoes. If the business sells to someone that’s underage, it blows the door wide open for officer interference.