Stop Press; Excuse my translations..
A wonderful surprise ant-prohibitionist news for all growers, grow shops and associations. I tell you about the updated public security law that takes effect July 1.
The minimum fine has remained around 600 euros, not 1000 plus as feared. This administrative penalty is still valid for possession in public places, roads, public buildings or public transport etc.
The good news is that a paragraph has been clarified and amended on the cultivation of cannabis, and is said to be punishable only “in visible public places” (Art. 36.18).
Democratic history here in Spain expresses criminalized acts and illicit crop planting and clearly shows what is forbidden and what is allowed. Franco’s previous law prohibiting the cultivation of cannabis was April 8, 1967, law “prohibited” but he did not sanction violators. Hence it is said that it was forbidden to germinate seeds.
The government of Spain has decided all of a sudden, in the new law on citizen security to basically decriminalize cannabis self-cultivation.
Why? (lawyer jargon)
Because in the 2013 draft was not intended. Rule 36: “Grave breaches” 18 “The implementation of unlawful acts of planting and cultivation of toxic substances, narcotics or psychotropic substances. in visible public places, when not constitute a criminal offense “.
I.E The grow shops and growers can even sell cuttings provided they do not expose them to the public. You must inform customers that the sale of cuttings and cannabis cultivation is legal , provided that no substances being trafficked or is “not visible in public places.”
Thus the self-cultivation has not yet been legalized but is decriminalized, which is the best anti-prohibitionist news. The best thing you could do. The self-cultivation is only punishable if it is visible to the public. There is punishable indoor cultivation at home, or in a corral cultivation, greenhouse cultivation or in the back of a chalet. You can not fine or arrest.
The bad news is that this law rises to 601 euros (twice) the minimum fine for possession of substances (art.36.16), and have released an article on searches, which he calls “external body searches” (Art.20 ). They pretend to be legal cache without providing a crime, with only suspect that you may be committing a serious administrative sanction possible drug possession. We’ll see what the judges say.
I’ll take the good with the good news. At last you can grow cannabis plants indoors without fear of complaints. At last you can grow without fear. Finally it can be grown in a greenhouse too so long as safe from prying eyes. At last you can teach farming or stop hiding plants from people as I still do all the time!
We next need to remove the prison and fines for trade and ownership or possession etc. ”
I’m sure you all agree tho, a step in the right direction in clarifying our own interpretation of these laws that we have stated for the last decade or so but in reality its still interpretation of individual lawyers and judges until we have some real reform 😉