During the last days many websites linked to a notice appeared in a spanish blog talking about legalization of cannabis in spain, thanks to a recently appeared change in the law. At Santyerbasi we were very suspicious about this new so we investigated about it, and read the law published in B.O.E. (Official Spanish bulletin), and we realized that this post was not telling the truth. Seems this blogger is trying to get a lot of traffic to he's site writing about opinions more than facts.
Let's take a look to the 36th article of the penal code, and specially to the 16th, 17th, 18th and 19th points, wich affect to the possession and consumption of narcotics.
36.16: The consumption and possession of toxic drugs, narcotics or psycotropic substances, even not destined to traffic, in places, streets, or public establishments, or collective transports, as well as abandonment of intruments or other tools used for that in those places.
36.17: The transport of persons, in any type of vehicle, with the target of make easier to get access to these toxics drugs, narcotics or psycotropic substances, whenever it does not constitute a crime.
36.18: The execution of growing acts and illicit growth of toxic drugs, narcotics or psycotropic substances in public visible places, when they won't constitute a penal fault.
36.19: The tolerance of ilegal consumption, or traffic of toxic drugs, narcotics or psycotropic substances in places or public establishments, or the absence of order to prevent them by owners, administrators or managers.
Analyzing each one of these points:
The 16th point makes a clear refference to the importance of possession and consumption in public ways, what leaves no place to a single doubt about ilegal act.
The 17th point is dedicated to highlight that those persons that transport people to places where to get substance are also commiting a serious infraction and could be fined.
The non jurist interpretation of the 18th point is what creates confusion: This point specifies as serious infraction the growth of substance in public visible places. This blogger interpretate in a wrong way this point of visible places telling to their readers that if plants are not visible it is legal to grow them. Unfortunately for us growers in Spain, the visibility of the plants not only makes refference to the possible police action. In any case plants are visible (understanding visible as detectable, so also odors are also important), police may act and proceed to harvest our plants and bill us. This point is specially important because if plants are not publicly detectable, the law over our home makes impossible for cops to go in our house without a judge's order.
Relationed with this point we would like to highlight the amendment 368 of the spanish penal code:
The article 368 of the penal code, to avoid any legal emptiness, configures drug traffic faults widely, giving many different options, and acts.
The 368th article of the penal code written says: " All of those who execute acts of growth, producing or traffic, or in any other way promoting, or make it easy to consumation of ilegal toxic drugs, narcotics or psycotropic substances, or ones that possess them to those purposes will be charged with prison for 3 to 6 years, and a bill for the triple of the drug's value in cases when the substance or product produces a serious health problems, or charged with 1 to 3 years of prison and a bill of the double all other caes. In any case courts could impose an inferior penalty depending on the fact entitym and personal circunstances of the guilty. .."
In cases where substance has not a serious harmfull for health, as cannabis, cuoted law uses the basic drug traffic penalty: Charging with 1 to 3 years of prison and the double of price of the seized drug to all those who execute growing acts, producing or traffic or in any way promote ilegal toxic drugs, narcotics or psycotropic substances or possess them with those purposes. When there are not aggravating circumstances "courts could impose an inferior penalty due to the low entity of the fact, and to personal circumstances".
Following the Supreme Court ruling, the offense is integrated by the promotion of ilegal consumption, what equals to "promote, impulse, develope, collaborate, or make it easier the use of toxic drugs, narcotics or psycotropic substances" so as it is clearly ruled "by ilegal consumption we understand all uses of the drug by different organic ways that are not authorized for being a therapeutic or positive for health purposes".
In this line the Supreme Court points that: "these offenses produce dangerous acts under general experience, resulting in punishable without setting in concrete danger the protected juridic goods. From these perspective, grow plants to produce the raw material to drug traffic is a serious act against public health even if the concrete act is not completely done".
Basing on the 368th article of the Penal Code, daily it occurs that cannabis plants, privately and discreetly grown, by growers, susceptible of producing narcotics of prohibited traffic, are busted by cops, begining penalty acts by presumption offense against public health by drug traffic, consistent in cannabis growing activities without the concrete administrative autorization, aganst growers. In those cases, the existance of offence against public health, and in that case, the prison penalty and bill will depend on the concrete circumstances concurrent to the fact and author.
Number of plants / wet weight > Estimated usefull quantity > Associate penalty by Ministery
12 plants > 641 grams > 3.538 € and 2 years of prison.
8 plants / 11.710 grams > 3262 grams > 15.000 € and 1 year and 6 months of prison.
4 plants / 2130 grams > 563 grams > 2.000 € and 1 year and 6 months of prison.
3 plants / 3515 grams > 956 grams > 8.000 € and 2 years in prison.
2 plants / 1897 grams > 858 grams > 5.000 € and 2 years and 3 months in prison.
Conclusion: Actually in Spanish state, growing marijuana, indoors or outdoors, it is a serious offense. Even this, the quantity grown and the place where it is grown (public or private) can play an important rol in accusation and saction of deliquent acts. It will be specially punished those cases where the quantity of dried flowers is over 10Kg, as this means notorious importance.
From SantYerbasi grow shop we wish a change in this law that restricts individual and collective free to grow cannabis. In the same way we specially recommend to use tools to camuflate plants and odors like carbon filters, to avoid garden detections.
Keep Safe and Keep blazed!
Stay High!
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