Despite the fact that marijuana consumption is more than tolerated in Barcelona, from a legal point of view there are several inconsistencies and the reality is that the debate on the issue is still more complicated than one might think.
A first step in trying to understand whether it is legal to smoke marijuana in Barcelona is to consider the concept of "crime against public health".
According to the article 368 of the penal codeThe following shall be sentenced: "those who carry out acts of cultivation, processing or trafficking, or otherwise promote, encourage or facilitate the illegal use of intoxicating drugs, narcotic drugs or psychotropic substances, shall be sentenced".
However, clubs and associations that dispense marijuana are allowed in the city of Barcelona.These are considered closed spaces. Reserved for members, where a small number of people can consume cannabis individually and responsibly.
This implies that the smoking cannabis in Barcelona, inside a club, is not considered a public health offence.
What is not allowed is the sale of marijuana to people who are not registered in an association, and in this case, members cannot transfer cannabis to third parties. One of the requirements for clubs is that they must have a double door system that prevents people from seeing what is going on inside from the foyer, where cannabis consumption is actually taking place. Another essential requirement is the presence of smoke extractors.
Is smoking marijuana in Barcelona and/or Spain legal?
The law does not prohibit the consumption of cannabis in private places, as long as it is not intended for sale.. That means that in Barcelona it is legal to smoke marijuana in your own home or in your own house. at the associations that dispense marijuanaas these are considered enclosed spaces NOT open to the general public and which meet the requirements of. Interestingly, in March 2022, a judgement in Jaén annulled a fine of 601 imposed on a person who was found by the police to have 0.55 grams of cannabis in his car, parked on the street.
The judge decided to annul the fine because the car cannot be considered a public place or public transport.. The case is different when transporting marijuana for the purpose of sale or driving under the influence of marijuana. This is considered a public health offence..
What is the fine for using marijuana on public roads?
Similarly, the use of cannabis in public places is in many cases "tolerated", but is remains illegal. The minimum penalty is 601 euros, but can be up to 30,000 euros, depending on the danger caused to public health and the financial availability of the offender. So, if you are thinking of legally smoking marijuana in BarcelonaRemember that the best places to do this are licensed cannabis clubsYou will have the best quality of cannabis and you will be able to be sure that no one will be able to fine you!
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