Is the Depenalisation of Home-Grown Cannabis Just Around the Corner in Spain?

On 1 July the Civil Security Law proposed by the Partido Popular will come into force in Spain, unless the Constitutional Court rejects it following an appeal from the opposition. However, the measure known as the “ley mordaza” [In English, gag law], whose content was published in the Official State Bulletin in March, and has received a lot of criticism from many different sectors, contains some provisions which could lead to the depenalisation of cannabis homegrowing in Spain.

Among other things, article 36.18 states that it is considered a serious offence to “illegally plant and grow toxic drugs, narcotics and psychotropic substances, in places that are visible to the public, where it does not amount to a criminal offence”. It appears that this is the first time a paragraph clearly linked to cannabis cultivation has been added, and where sanctions have only been specified for public places.

There are those who believe, such as the lawyer Enrique Fornes, that by explicitly stating this, it is understood that growing marijuana in private places does not amount to a serious offense and is not prohibited, as it is not specified as such. Despite this, there are still administrative sanctions for the consumption and possession of certain substances (even if they are not destined for drug trafficking), on roads, in public establishments or on public transport. Likewise there are also sanctions for “leaving instruments or other items used for such purposes in the aforementioned places” (according to article 36.18).

This means that “growshops” could sell marijuana provided that they do not show it in public and that users could grow cannabis as long as they do so in places out of sight and that they do not sell it. On the other hand, the minimum fine for possessing certain substances will be 601 euros, less than the 1000 euro fine that has been in place for some time now.

At the moment victory cannot be declared, it is necessary to wait to find out whether the Constitutional Court rules in favour of the Partido Popular or the demands of the opposition. Then, we will need to pay special attention to see that what is outlined in the law is complied with. As well as what is not outlined.