Marijuana in Spain. . . Let’s clarify!
The law in Spain contain this legal issues: the constitution in Spain protects the freedom of the citizen who, in the private space of his home, is free to do whatever he likes; smoke a joint; even grow some plants for your own personal consumption. At the same time, the constitution defends the right of citizens to create associations of any kind.
Hence the idea of creating cannabis consumer associations to collectively grow and consume marijuana in Spain. There are over 300 Cannabis Social Clubs present in the Catalan territory that operate openly. The Parlament de Catalunya has approved the law that regulates the activity of all cannabis consumer associations in the territory, legally classified as non-profit associations of cannabis consumers.
The road began in 2015 with a signature collection campaign carried out by the Rosa Verda group and signed by 56 thousand people.
The law
“Article 368 of the Spanish penal code establishes that the crime of drug trafficking is a crime against public health.”
In Spain, in an association where everyone is already a consumer of cannabis and comes together to smoke it, there cannot be any facilitation of the crime. Own consumption, shared consumption and cultivation for self-consumption are considered atypical behaviors, but not crimes against public health. In this way Cannabis Social Clubs exist in compliance with the law taking advantage of the respect that the Spanish constitution has for personal freedom.
ATTENTION!!! Spanish law provides: in the event that the police find a person on the street in possession of soft drugs, in addition to requisitioning them, they raise a fine which generally amounts to 300 euros, but in certain cases or in the presence of recidivism the amount can also be considerably higher. This is in the case of personal use.
Dealing, however, is a criminal offence, and even if the laws for marijuana trafficking are softer than the Italian ones, prison is expected. The same goes for those who start driving after smoking: if the police stops you and subjects you to a drug test and it turns out positive, you’re in trouble!