At Soler Martín Abogados, we are specialists in the defense of cases related to cannabis, one of the most controversial issues in the field of crimes against public health. Although its consumption is becoming more and more normalized in some countries, in Spain its commercialization and possession for the purpose of trafficking are still crimes punishable by law. The regulation of cannabis is complex, which is why it is essential to have a team of expert lawyers to defend your rights if you are facing an accusation related to this issue.
What is the regulation of cannabis in Spain?
The Spanish Penal Code establishes that trafficking, cultivation and distribution of cannabis are punishable offenses, as they are considered to endanger public health. Although personal consumption in private is not a crime, possession or cultivation of a significant amount of cannabis can be interpreted as trafficking, with severe criminal penalties. At present, cannabis remains an illegal substance in Spain, with very limited exceptions, such as its therapeutic use, which is strictly regulated.
Thus, while personal consumption in private spaces is not criminalized, possession or cultivation of large quantities can lead to an investigation for drug trafficking.
Cannabis trafficking
Cannabis trafficking is one of the most common crimes in this area. Trafficking is considered to be any act of selling, distributing or transporting cannabis for the purpose of commercialization. This includes both direct sale and delivery to third parties. Penalties for cannabis trafficking can be severe, depending on the amount seized and aggravating circumstances.
In general, the penalty for cannabis trafficking can range from 1 to 3 years imprisonment, plus fines that vary according to the value of the substance seized. However, if the quantity of cannabis is considered to be particularly high, or if it has been distributed in sensitive areas such as educational centers, the penalties can increase significantly.
Cannabis cultivation
Cannabis cultivation is another related offense that can result in significant legal penalties. Although in some countries the cultivation of cannabis for personal consumption is permitted under certain conditions, in Spain the cultivation of cannabis remains illegal if it is intended for distribution or if it is not in a strictly private environment and for personal use.
Cannabis cultivation can be interpreted as a trafficking activity if the plants grown exceed an amount considered reasonable for personal consumption. The specific amount that differentiates personal consumption from trafficking is not clearly defined, so the interpretation is left to judges and expert reports.
In addition, the use of materials such as special lamps, fertilizers or automated irrigation systems may be considered an indication that the cultivation is for commercial purposes, which aggravates the situation and may lead to a conviction for drug trafficking.
Cannabis use and possession
Cannabis consumption in private is not criminalized in Spain. However, possession of cannabis in public places can lead to administrative sanctions. If a significant amount of cannabis is found in your possession, authorities may suspect trafficking, which opens the door to more serious charges.
In the case of shared use or use in cannabis clubs, authorities may take into account the amount of the drug possessed and how it is distributed among club members. Although these clubs operate in a legal vacuum, they are not exempt from investigations or sanctions if the activities exceed the scope of personal consumption.
Legal Consequences of Cannabis Trafficking and Cultivation
Penalties for cannabis trafficking or cultivation vary depending on the circumstances of the offense. Some factors that may influence the severity of penalties include:
- Quantity seized: The greater the quantity of cannabis found, the more likely it is that the offense will be considered trafficking rather than personal use.
- Aggravating circumstances: Distributing cannabis in areas near educational centers or to minors may increase penalties.
- Recidivism: Defendants who already have a history of drug trafficking offenses may face longer sentences.
Sanctions may include:
- Prison: In cases of trafficking of large quantities of cannabis, prison sentences can range from 1 to 6 years, and up to 9 years in the most serious cases.
- Fines: Fines can be significant, and are often proportional to the value of the drug seized.
- Disqualification: In certain cases, disqualification may be imposed to engage in certain professional activities or management of cannabis-related establishments.
Cannabis defense strategies
At Soler Martín Abogados, we design personalized defense strategies based on the circumstances of each case. Some of the common strategies we use include:
- Proving that it is for personal consumption: One of the most effective defenses is to prove that the amount of cannabis in the defendant's possession was intended for personal consumption and not for sale or distribution.
- Questioning the evidence: We analyze in detail the legality of the evidence presented, including the circumstances of the arrest and seizure of the drug, to identify possible violations of fundamental rights.
- Negotiate with the prosecution: In some cases, it may be possible to negotiate a reduction of sentences or avoid imprisonment through cooperation or acceptance of rehabilitation programs.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have extensive experience in the defense of cannabis-related cases. We know that each case is unique, so we offer a personalized approach that seeks to obtain the best possible results for our clients. We understand the complexity of cannabis laws and we work to protect your rights at all times.
Conclusion
If you are facing a cannabis-related charge, it is crucial to have a team of lawyers who have a thorough understanding of the laws and possible defense strategies. At Soler Martín Abogados, we are committed to providing you with the best legal representation to protect your rights and minimize legal consequences. Contact us today for a personalized consultation.
