Cannabis cultivation decriminalised in Spain
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”.
Peace out.
Legality of cannabis by country
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.
Elle Draper
Elle, along with Alan, is the owner of Spain Buddy and the busy web design business - Gandy-Draper. Born a "Norverner", she then spent most of her life "Dann Saff" before moving to Spain in 2006. Elle's loves are Alan, the internet, their three bouncing dogs, good food, and dry white wine - although not necessarily in that order.
July 1, 2015 @ 10:22 am
Just out of curiosity.. what does this paragraph mean “Grow shops and 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”?? Are there any shops that sell small quantities?
July 1, 2015 @ 10:54 am
Hi evilsheep. I’m unqualified to give official advice because I’m no lawyer – so please take this as opinion rather than proven fact. But hopefully the following will help as general guidance. For formal answers I’d recommend having a natter to your local hydroponics shop who are probably watching the whole law change with interest.
Basically authorised grow shops and growers can sell the seedlings. My guess (I stress it’s only a guess) is that they will sell seedlings but not bags of product ready to smoke or pop into your recipes. The way I understand it, people can’t sell selling cannabis for smoking unless they are registered for such. For example, in Lanzarote there are a couple of “cannabis clinics”. But any product needs to be smoked on the premises… the clinics are registered and run as member associations (limit on member numbers), and members have a few hoops to jump through too. Barcelona also has places for the same, but I don’t know how they’re run or monitored.
Play safe by growing it at home for personal use unless you have jumped through all the relevant hoops to be a seller. I would advise speaking to a lawyer about getting that done if that’s a path you wish to take.
I imagine there will be a steep learning curve for many lawyers as this law goes live. If I were to set up an operation, I’d be chatting to the guys in Madrid that I’ve mentioned at the bottom of the article – they seem to know their subject matter.
Elle xx
July 1, 2015 @ 1:49 pm
I am very happy about this news. A very good decision
All the Best from Austria
July 1, 2015 @ 4:12 pm
I sit here wishing I lived there instead of England. I am a patient who is I’ll and I cannot afford the cannabis I need. I am not even allowed to have it without getting in trouble here. Growing it means prison.. I have a go fund me site but nobody will donate money. So I am on disability in a country that wants to make a criminal out of me for trying to help myself. That to me is a crime.
July 6, 2015 @ 5:23 pm
Jacqueline – make the most of the fact we’re currently still in the EU and move yourself over there! its only going to be harder if we leave. Also check out http://www.medipen.co
July 1, 2015 @ 5:39 pm
Great news from this article, but slightly off topic can anyone let me know the details around the new laws for Cannabis and driving?
I understand that there will be testing on the road, but what are the limits and when is it decided that you are not fit to drive, I have looked everywhere on the web and cant see anything definitive anywhere?
Thanks
July 4, 2015 @ 3:14 am
Congrats Spain! It’s great to see cannabis laws changing so rapidly all over the place. It seems like July 1st was a big day for Mary Jane :)
July 6, 2015 @ 2:31 am
Sweet viva espana
July 10, 2015 @ 1:04 pm
If i understand European Union law correctly a product LEGALLY sold in one EU member state can be LEGALLY sold and possessed in ALL EU MEMEBER STATES…. so is it LEGAL to sell seedlings??? if so it is now LEGAL to posess cannabis plants all over the EU…. remember that in the Netherlands cannabis sales are ILLEGAL but tolerated so that doesnt make it legal anywhere, whereas it is now supposedly LEGAL to sell cannabis plants in Spain….
December 19, 2015 @ 11:36 pm
Anybody want to hook me up with a “Flourist”… Recently moved to the costa blanca, and in need of some flowers… Reply.
June 29, 2016 @ 11:42 pm
The amendments made to the law on July 1st 2015 did not, in fact, legalise the cultivation of cannabis for personal use if it is being grown out of sight, but instead enabled the police to remove plants which can be seen in public places and fine owners for cultivating marijuana within the view of other citizens.
I want to grow for seeds, is that legal or do the same rules apply even if hardly any THC is involved?
August 25, 2016 @ 5:00 pm
What about growing in your house where kids are?
August 25, 2016 @ 6:58 pm
Not if the kids have access to it – that would just be bad parenting. It’s still a drug, regardless of how lenient the law may or may not be.
February 6, 2020 @ 6:20 pm
Not advocating this, just find it funny! And I Have seen plants on balconies, when I have been house hunting. As usual in Spain, nothing is ever clear cut. Prostitution is another weird one. Selling one’s services is not illegal, but soliciting, running a brothel or pimping is, As is kerb crawling and paying for said services. So many brothels masquerade as ‘bars’ and the law turns a blind eye. Don’t worry I was not looking for ’employment’ I was merely curious because the little village I lived in had a brothel and it was public knowledge and did good trade. It called itself a bar and the ladies were described as ‘showgirls’ It closed and re opened regularly ‘under new ownership’ There were 2000 people in this place! The men would brag about visiting, even though they had wives at home.