What is the maximum amount of marijuana I can have?
Marijuana is one of the most widely consumed recreational substances in Spain. A third of the population said they had tried it at least once in their lives, according to the latest survey by the Ministry of Health.
Spain is one of the countries with the most progressive policies in this area. However, not everyone knows the situation or what the maximum amount of marijuana I can have is.
Marijuana law and specifications
Laws on the use and consumption of marijuana are different in every country and region. In Spain in particular, as set out in Article 368 of the Criminal Code, cultivation, production, trafficking and unlawful possession are punishable as crimes.
In addition, activities related to the promotion or facilitation of the consumption of intoxicating drugs, psychotropic substances or narcotic drugs are declared and punished in the code. The law makes a distinction between drugs that do and do not cause serious damage to health. Marijuana belongs to the second group.
Consumption, possession and cultivation are not considered crimes as long as they are intended for one's own use and not for trafficking. The courts use around 100 grams as a guideline, which according to the National Institute of Toxicology is equivalent to about 5 days of consumption. This is not a legally permitted amount: it only serves to distinguish personal use from trafficking, and possession in public places is still an administrative offence.
Fines and penalties
Illegal consumption and trafficking in public premises or establishments is not tolerated at all. For that reason, the penalty consists of the seizure of marijuana and a fine of 601 to 30 thousand euros depending on the case and personal background.
Cultivation, possession and consumption of marijuana
The law has some specifications for the consumption, cultivation and possession of marijuana.
Cultivation
Growing cannabis for your own use in a private space that cannot be seen from the street is not a crime in Spain, although plants visible from public space are an administrative offence and there is no legal number of plants. Industrial hemp cultivation, on the other hand, requires seeds authorised by the European Union and a THC content not exceeding 0.3 %.
Possession
If you have wondered what the maximum amount of marijuana I can have is, the answer is that there is no legally permitted amount: the courts use around 100 grams as a guideline to distinguish personal, private consumption from trafficking. Trafficking, however, is completely illegal, and possession in public places is punished with fines.
There are some exceptions for those who use marijuana for its therapeutic properties and with a medical prescription. The law can be adapted to these scenarios, but a prescription or proof of use is required.
Consumption
Consuming cannabis is permitted in private spaces such as homes or specific establishments. However, consumption in public spaces is a serious offence. In these cases, the drug is confiscated and a fine is imposed according to the seriousness of the offence. We have a guide on the legality of marijuana in Barcelona. There you can find more information if you live in the Catalan capital.
Consumption, possession and cultivation are not considered crimes as long as they are intended for one's own use and not for trafficking. The courts use around 100 grams as a guideline, which according to the National Institute of Toxicology is equivalent to about 5 days of consumption. This is not a legally permitted amount: it only serves to distinguish personal use from trafficking, and possession in public places is still an administrative offence.
Conclusions
Today it is possible to consume marijuana in Spain in private without committing a crime, although there are some grey areas in the law. As with cultivation, it is essential to stick to the specifics of each piece of legislation to avoid problems and misunderstandings that can result in a fine and a serious penalty.
You may also be interested in
- Marijuana Consumption in Barcelona: Legal or Illegal?
- Growing Marijuana: Growing Organic Marijuana at Home
- Peru and its relationship with marijuana in 2020
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