From July 1 2015 the law regarding cannabis cultivation for personal use will be amended, and discusses the decriminalisation in Spain. The amendment to the law is not as clear cut as it sounds so hopefully the following will help to clarify matters.
The good news for many is that in article 36.18 of the law regarding citizen safety, a paragraph is included with an amendment regarding the cultivation of cannabis that states it is only punishable “in public places”.
Franco’s original law on April 8 1967 prohibited the cultivation or germination of cannabis although violators were often not punished. Now, growers can germinate seeds in Spain.
Grow shops and registered growers can sell cuttings/seedlings provided they do not display them openly to the public. You certainly can’t start selling bags of the product at the local rastro. Speak to your local lawyer if you wish to be registered and they should be able to help.
Self cultivation is not legal, but it is decriminalised. Therefore, the act of cultivation itself is not banned… but doing it somewhere where it is viewable by the general public is. So, do it on a hidden terrace, in a hidden greenhouse or in the living room if you like – but not where Joe Bloggs can see it or smell it when he strolls past with his pooch.
Do not be tempted to have it growing anywhere that can be seen by the general public or you will fall foul of the law. So… no window sills, no terraces, no balconies. It must be kept away from public view. Fines start from €601 and rise sharply. Also – nobody seems to know whether “public” is in terms of sight or additional signs. Smell may be a considertaion, but this is still ambiguous.
So, bad news for cannabis growers is that if you do it publicly, the fine is a hefty one. Good news is that you can grow it at home without fear. You can teach growing methods to your mates, and you can take photos for your Facebook pals. Just don’t line the plants up on your front doorstep facing the police station with a big sign saying “Buy your marijuana here”.
This article is given for information purposes only and is not admissible in a court of law. However, should you find yourselves in that unenviable position – speak to http://www.soferabogados.com/cannabis/ who are specialists in cannabis law. It is from this law firm that we gained the information above.