# Fine for cannabis possession



## eden2011 (Sep 29, 2017)

Was caught with only a very small amount and now have a fine for 300 euros, my questions are 

How does one defend this and what is the process?

Can the fine be paid monthly?


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## Juan C (Sep 4, 2017)

_How does one defend this ? 

_I guess you mean the fine.

I believe possession of cannabis is a criminal offence in Spain but that generally the police do not take action when one has a small quantity for personal use. 

I would think that if a person says anything which implies that they would, or might, supply another person, then they might be processed for possessing with intent to supply, even if the amount involved is small.

As for time to pay. Why not ask the police / GC who issued the fine ?


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## eden2011 (Sep 29, 2017)

Juan C said:


> _How does one defend this ?
> 
> _I guess you mean the fine.
> 
> ...



thanks 

no i understand the law etc... its more about how does one defend a case like this and is it possible tom pay the fine monthly


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## Pazcat (Mar 24, 2010)

I doubt that you can defend it really unless they found it in your home, possession outside of home is an offense no matter which way you look at it.

Maybe if it is medical and you can prove that or if you are a club member at one of the clubs but beyond that I think you will just have to suck it up.

No idea about paying the fine off in installments, I'm guessing you probably can but have no experience of it.


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## Overandout (Nov 10, 2012)

Given that the OP is aware of the points of law, I understand that they are looking for some kind of argument to present to the court to reduce the fine (or allow payment by installments).

The first thing to do in this case is look at the maximum fine allowed under the law. If, for example, the maximum fine is 300€ and the OP had an insignificant amount, there "may" be a defense that the fine should be in proportion to the scale of the offense.

In other words, it is not fair and reasonalble for a person caught with 1000g to be fined the same as a person caught with 25g. A good lawyer should be able to look at tthe jurisprudence to see if this is worth going to court over.

Spanish law DOES foresee the possibility of paying fines in instalments.


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## Juan C (Sep 4, 2017)

eden2011 said:


> thanks
> 
> no i understand the law etc... its more about how does one defend a case like this and is it possible tom pay the fine monthly


I understand that with all fines of you not agree to pay you can contest it. That would mean eventually going to court and presenting a defence. I have no idea what that night be in your case as I do not know all the facts. I suggest you consult a lawyer if you really want to go that far.

And as I posted, _ "As for time to pay. Why not ask the police / GC who issued the fine ? " _


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## Juan C (Sep 4, 2017)

eden2011 said:


> thanks
> 
> no i understand the law etc... its more about how does one defend a case like this and is it possible tom pay the fine monthly


I understand that with all fines, if you do not agree to pay (paying it would be tantamount to pleading guilty) you can contest it. 

That would mean eventually going to court and presenting a defence. 

I have no idea what that might be in your case as I do not know all the facts. 

I suggest you consult a lawyer if you really want to go that far.

And as I posted, _ "As for time to pay. Why not ask the police / GC who issued the fine ? " _


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## Baldrick (Mar 5, 2012)

I'm amazed, I thought cannabis was legal for your own consumption. I don't partake personally, but there are two "grow shops" locally, where you can buy plants to produce your own. Surely if cannabis was illegal these would immediately be raided and closed down?


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## Juan C (Sep 4, 2017)

extract from;.

https://en.wikipedia.org/wiki/Cannabis_in_Spain[/URL]


_Sale and importation of any quantity of cannabis is a criminal offence, punishable by jail time. The purchase, possession and consumption of cannabis in a public place constitutes a misdemeanour and punishable by a fine and confiscation of the product. Consumption and cultivation by adults in a private space is legal, the latter due to a legal vacuum. Cannabis plants that are located somewhere visible from the street/public place (ie. from balconies) are considered a serious administrative offense, which leads to a fine from 601 to 30,000€.[_


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## 746786 (Dec 26, 2014)

I'd hate to ever recommend a lawyer to anyone. But in this case I suspect you need someone who knows the law to be able to present the specific circumstances of your case, which would no doubt make it cheaper to pay the fine. Not great either way.

I was told by a few people around Alicante that you can grow up to three plants on your property in Spain for personal use (apparently some neighbours were doing just that). I don't partake myself, but had considered it a possibility as I suffer from chronic pain and insomnia and I'm told it's excellent for that. Plus my meds just aren't very effective. From Juan C's post it sounds like you'd need to do it very discreetly. The things we have to do in this world just to keep the stormtroopers from the door....


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## Williams2 (Sep 15, 2013)

Not sure about the level of fines in Spain for such an offence, many other people would be more concerned
about the possibilty of a Crimminal record for such offences and how a CR affects them in the future.


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## Overandout (Nov 10, 2012)

Been doing some reading. 

The good news is that possession is not classified as a crime. It is an infraction, so hopefully it won't show on the OP's criminal record. 
The bad news is that under the new "gagging law" it is now dealt with by an administrative sanction which means no judicial process. This is a tendency of this law which effectively means that you either pay up or they size your accounts or assets to get the money, no judge or jury involved.
The strange thing is that the new law establishes the minimum fine at 601? sof it would be interesting to see exactly the charge on the police report. 

Also, under the new law, growing any amount of plants, anywhere, is sancionable. Selling seeds however is not mentioned.


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## Mark-igualada (Sep 30, 2017)

There was never a rule or law that allowed the growing of plants at home, they turned a blind eye to it. However a few years ago they got heavy with it and you can easily get a 30K fine now.

I am a member of a club, we are allowed to buy and smoke on the premises, but as soon as you take a bit outside then you lay yourself wide open to a fine. They'll also give no sympathy because you are not Spanish.

If you go to court, you will lose and your fine will be doubled, there's no argument against the law here, 1gram or 1kilo they'll arrest you.

I've lived here twelve years ....


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## snikpoh (Nov 19, 2007)

Baldrick said:


> I'm amazed, I thought cannabis was legal for your own consumption. I don't partake personally, but there are two "grow shops" locally, where you can buy plants to produce your own. Surely if cannabis was illegal these would immediately be raided and closed down?


Grow shops can only sell seeds and the equipment .

If they sell plants, then they are breaking the law.


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## snikpoh (Nov 19, 2007)

Mark-igualada said:


> There was never a rule or law that allowed the growing of plants at home, they turned a blind eye to it. However a few years ago they got heavy with it and you can easily get a 30K fine now.
> 
> I am a member of a club, we are allowed to buy and smoke on the premises, but as soon as you take a bit outside then you lay yourself wide open to a fine. They'll also give no sympathy because you are not Spanish.
> 
> ...


One of my tenants recently tried growing just one plant in her flat.

I checked with the police (mentioning no names nor addresses) and was told that one WAS allowed to have up to 2 (or 4? can't recall) plants and that this was LEGAL.

Was he wrong?


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## Mark-igualada (Sep 30, 2017)

snikpoh said:


> One of my tenants recently tried growing just one plant in her flat.
> 
> I checked with the police (mentioning no names nor addresses) and was told that one WAS allowed to have up to 2 (or 4? can't recall) plants and that this was LEGAL.
> 
> Was he wrong?



Yeah weird law, if you are reported for the smell, someone sees it from the air (plane, balloon, drone), someone sees from the road or just a bad neighbour, it's off to court with you and then you have to prove it's only for personal consumption. If the judge suspects otherwise (as they normally do) then it's upto 3 years and a 30K fine.

€300 for possession of 1g in a public space.

The law in Spain is odd, it basically can't cross your doorstep ... but if they can see inside you are screwed.

Basically the clubs of Spain advise heavily against it, https://www.cannabis-spain.com/legal/


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## mrypg9 (Apr 26, 2008)

I smoked maijuana for thirty years, stopped a couple of years ago. My partner smokes and gets her supply locally grown. She only indulges at home.
Our next door neighbours are a sixty- five year old retired Spanish primary school teacher, Meri, her husband and her ninety- four year old mother. Some time ago Meri asked if we could spare some marijuana as she wanted to brew an infusion for her mother to help her sleep. She explained that they had previously grown plants in their garden but hadn't done so that year.


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## Williams2 (Sep 15, 2013)

Mark-igualada said:


> There was never a rule or law that allowed the growing of plants at home, they turned a blind eye to it. However a few years ago they got heavy with it and you can easily get a 30K fine now.
> 
> I am a member of a club, we are allowed to buy and smoke on the premises, but as soon as you take a bit outside then you lay yourself wide open to a fine. They'll also give no sympathy because you are not Spanish.
> 
> ...


No doubt you and the OP might be thinking of carrying Helium balloons for just such an emergency as in this video.
I'm sure they can also be flown out of the house window as well.


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## Mark-igualada (Sep 30, 2017)

Williams2 said:


> No doubt you and the OP might be thinking of carrying Helium balloons for just such an emergency as in this video.
> I'm sure they can also be flown out of the house window as well.
> 
> 
> A novel way of disposing of Drugs at Police checkpoints


No I'm boring, I follow their laws. I'm no teenager looking for kicks, just an arthritis sufferer enjoying the warm sun.


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## Megsmum (Sep 9, 2012)

Cannabis is not just about the high


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## Keral (Sep 16, 2017)

Megsmum said:


> Cannabis is not just about the high


Please explain yourself....


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## Keral (Sep 16, 2017)

Here is one club that went wrong -  costa-blanca-cannabis-club-smoked-out

As always, I think greed was their downfall.


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