We are facing a way of enhancing the personal freedom of the people, and a way of enhancing the national economy
In Spain, marijuana legal terms are surrounded by many doubts and fake news including people saying that you can have up to three plants at home. It has been spreading around on the internet, so everybody thinks that this is true. The aim of this post is providing credible, affirmed information on cannabis legal terms in Spain. Forget about all those fake statements you have been listening to through the years – we are here to tell the whole truth.
Current Spanish Legislation on Cannabis Marijuana sale is totally prohibited and prosecuted in Spain (Article 368 of Spanish Penal Code) but private growing and consumption are both allowed by law; growing for your own consumption is not punishable, so everybody thinks you can have three plants. Actually, you cannot officially plant anything legally, but, if you can prove that your growing is for self-consumption, the judge will not state any punishment. However, with selling traces, like a large amount of marijuana which you can’t account for or prove is solely for you as an individual or the possession of gram balances, the punishment can ascend up to three-year imprisonment. It is worth noting that usual condemnations are below two-year sentences, so prison is often substituted by a fine.
Regarding marijuana consumption, according to article 39 of Citizen Protection Law, it is classified as a serious crime. The given punishments will be minor if there is not any aggravation (smoking in a park, in front of underage citizens, at a school gate, at hospital, sport centers, recurrence etc.). In fact, the fine can range from €601 to €20,200, depending on the level of aggravation. Furthermore, collector seed buying is totally legal in Spain, without any potential fines but future prospects for legalization in Spain regarding cannabis legalization and regulation is not promising at all. The last steps towards the legislation of this famous plant have been headed in the opposite direction to consumer’s expectations. In fact, even with an increasing number of consumers, and more countries legalizing it, marijuana is still often prosecuted, and the established political parties do not seem to be looking to change the course of these events. However, some national parties, like Podemos, have stepped firmly towards its legalization, stating in public the possibilities of Spain as a leading marijuana exporter with designation of origin.
Other parties, like PSOE, are promoting marijuana regularization, but, actually, they have not taken any decisive steps in that direction. Some autonomous communities are leading the way of legalization, with less conservative behavior and more tolerant commitment: Bask Country and Catalonia have many cannabis partnerships, and Valencian Courts have voted in favor of controlled cannabis regularization, thanks to a Non-Law Proposition, agreed on PSPV, Compromís, Podem and Ciudadanos. This is not standing for cannabis legalization, although they are asking the Central Government to work on proper modifications. These traces are talking about a social inertia towards legalization, from a prohibited, prosecuted plant, to a totally legal drug. However, the steps are very slow and short, although legalization is an idea with an increasing possibility. In fact, 7.3% of Spaniards consume marijuana at least once a month with 2% consuming daily. Nevertheless, mass media and established political parties are against its regularization and tolerance. Suffice to say, there is a lot to change in Spain.
Global Situation Although marijuana is a prohibited substance in most European countries, the number of decriminalizing countries is increasing. The most famous case is Holland, but, currently, there are many more countries around the globe: Uruguay, Canada, Switzerland, North Korea, Jamaica, Belgium, parts of the United States (Columbia, Oregon, Washington, Colorado, Alaska, California, Massachusetts and Nevada), Portugal, Colombia and Mexico.
We hope that the global inertia will influence Spanish governors and Spanish society, so marijuana could be totally decriminalized. We are facing a way of enhancing the personal freedom of the people, and a way of enhancing the national economy, since marijuana legalization in Spain would stand for colossal advantages, not only for the government, but also for private companies, which could focus on its marketing.
Written by Gea Seeds – geaseeds.com
Image -Efraimstochte
Originally published in Weed World Magazine issue 137
