The consumption of cannabis within a social club is considered legal because of the private setting and essentially because membership is limited. In order to obtain a membership, you must be invited by at least two current members or you must provide a medical document stating that medical marijuana is recommended.
If you are found guilty of the illegal cultivation of marijuana in Spain (which, remember, means cultivation for the purpose of trafficking), then you can face anywhere between 1 and 3 years in prison. The punishment depends on the number of drugs found as well as the criminal history of the person who is being charged.
It is also illegal to consume marijuana in public, and this too warrants some punishment according to Spanish law enforcement. The consumption of marijuana or any other illegal narcotic in public can sting you anywhere from 100 to 600 Euros. Smoking on the street or near public buildings is a big no no.
Technically a social club possesses only what is deemed necessary for the personal consumption of the members who go there. Because the clubs are private, restricted and everything takes place within the 4 walls of the venue, clubs avoid bad news from police or law enforcement. However, they have to keep exhaustive records of members and sales and have to be able to produce these records on demand.
Law Enforcement, Catalonia, And The Rest Of Spain
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.
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.
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.
The answer to this question lies in the fact that the personal use of marijuana is not really punishable. So even though cultivation is illegal, if it is for the purpose of personal use, it is not really punishable. By the way, there is a difference between “legal” and “not punishable”. It is still illegal to grow marijuana for personal use, but there is no real punishment for doing so. Confused yet?
The relaxed attitude of law enforcement is what has lead to the overall accepting attitude of the Spanish with respect to cannabis cultivation. It also contributes to why, for a moment there, the world thought that Spain was going to legalize cannabis.
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.
While personal consumption has only recently been allowed by the government, using hemp for industrial profit has been in effect for over 22 years. The seeds are certified by the EU, and at the time of writing Catalonia has over 900 hectares of cultivated plants to its name. None of these seeds THC levels score above a 0.2, and they are mainly used for various forms of textile and seed production.
Spain has a very contradictory history with the plant. It was one of the first countries in Europes to decriminalize the drug, but one of the very last to truly shrug off the harmful propaganda. There is only one medical marijuana program in Spain that was launched in Catalonia. The program was set up to survey the medical benefits of the drug, as well as any other side effects worth noting down. It consisted of
Are There Any Bars For Cannabis?
Cannabis Club in Barcelona will offer you a year-long membership. 100 euros is on the higher-end, with 20 euros being the cheapest found. While there are clubs that offer free memberships; be wary. This could mean poor service or even worse, terrible weed. Don’t try and haggle the prices of the membership either. Everyone pays for each other to enjoy the plant.
This study popularized cannabis with many politicians, and many users in Spain are able to get medical marijuana from numerous social clubs.
How many weed plants can I grow in Spain? You can legally grow five cannabis plants. This is under the assumption that the plant is for personal use and isn’t grown outside of your home. Growing on behalf of your family members is also acceptable, but must be proven when under police investigation. Discretion for many users is still advised, as your neighbor could easily call the police on you and force you to prove that only you use it.
Spain’s Recent History With Cannabis
Taking into account many club limits found in Barcelona, the limit is 98 grams. If you are a member of more than one club (Which is more than common) then you need to spread your weight around accordingly. 98 grams is over 3 ounces, and that amount alone is enough to get you by for a few months, even if your sessions become drastically more extensive.
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.
Clearly, while cannabis has been decriminalized in Spain, it is not legal. Growing marijuana in Spain will get one into trouble if one minds the rules and regulations imposed by the Spanish government. Smoking and growing cannabis on private property are not going to get anyone into trouble unless the weed plants are visible to the public.
Is it legal to grow cannabis in Spain? The answer is no. Cannabis has been decriminalized for personal recreational use, but there are many restrictions in place, and it has not been legalized. In other words, grow and consume weed in Spain, and you might be arrested if you do it in the wrong place.
For instance, a large plantation that raises more than 40 or 50 plants might be considered for self-consumption and therefore have no penalties. But a single plant raised by someone, if they sell their weed, can bring a hefty fine and jail time.
Weed seems like an innocuous and innocent drug, and indeed it can be when used responsibly, but in Spain, as in many other countries, the legality of growing it hangs in the balance because it needs to be reclassified.
Decriminalized Versus Legalization
Another fact to consider when visiting Spain is that the laws regarding marijuana in the country change with the changes in who is leading the government. A more conservative government may change the laws to take away the decriminalization of marijuana, so it pays to remain alert to what is going on in Spain’s government before travelling there.
The sale and importation of any quantity of cannabis is a criminal offense, punishable by jail time. One may not import plants or seeds to grow their own marijuana, nor can one buy or sell them. This means that getting seed or clippings to grow a small marijuana garden is difficult and illegal.
One may grow tiny amounts of marijuana plants so long as they are only used for personal use and within restrictive guidelines.
Growing Cannabis in Spain for Personal Use
As a side note, do not smoke weed in a car in a public parking lot as this will also bring a hefty fine and possibly jail time.
So, it becomes imperative to know the difference something that has been decriminalized and legalized.