2023-10-20 22:51:53
The cultivation of drug plants is a controversial issue and many people have doubts about the legal limits that exist in Spain for the possession of plants such as marijuana.
As reported by the portal specialized in housing Idealisticthere is an urban legend that says that the limit of ‘marie’ plants that you can have at home is three, but it is a hoax.
In reality, there is no rule that legalizes the cultivation of marijuana in Spain, and no minimum or maximum number is established for the possession or self-cultivation of cannabis in a home or private property.
In any case, article 36.18 of the Citizen Protection Law considers as a serious infraction “the execution of acts of illicit planting and cultivation of toxic drugs, narcotics or psychotropic substances in places visible to the public, when they do not constitute a criminal offense.”
In addition, article 368 of the Penal Code establishes prison sentences of one to three years and fines for those who promote, favor or facilitate the illegal consumption of drugs, including marijuana.
What then is the loophole for growing marijuana plants? The key is that the plants are for own consumption and that they are not in visible places, such as a terrace or roof terrace.
And to calculate how much is considered self-consumption, Idealista uses a formula: 365 days of the year x grams consumed daily = Self-cultivation.
In any case, the authorities will evaluate whether the plants have been harvested in whole or in part, verifying in the latter case that they are intended for self-consumption.
Therefore, the classification of the infraction as administrative or criminal will depend on whether the crop is intended for personal consumption or if it is proven that it is for marketing, distribution or trafficking purposes.
Growing marijuana for self-consumption is not a crime, but it can constitute an administrative infraction with a fine if the plants are in a place visible to the public.
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