Ist es in Spanien legal, eine Marihuanapflanze zu haben?

Urban legend says you are allowed up to three marijuana plants in your own home if it is only for personal use. Is this for real or just a myth?

Let’s get to the bottom of it. It can be a complex matter, but at Smoking Paper we aren’t afraid of anything, apart from running out of rolling papers!

Get ready, because some of the information we list below may disprove some of your previous beliefs.

How many marijuana plants can I have in my home?

None. If we strictly adhere to the Spanish law then growing marijuana is not permitted. But it is also not punishable! Confusing, huh?

The law expressly states that there is no established limit when it comes to growing marijuana. However, this is only if it is for your own personal use and not publicly visible (for example, on a balcony overlooking a street or which can be seen by neighbors), it is not punishable.

However, it is considered to be an administrative breach. In other words, you can be fined. And in this regard, things are a little clearer. Depending on the circumstances, the number of marijuana plants, their growth stage, and even their THC concentration, fines can range from €601 to up to €300,000 (article 36.18 Organic Law 4/2015 for the protection of citizens’ safety).

How much THC is legal in Spain?

If things seem a little too simple, Spanish legislation states that THC is legal and that products containing the ingredient can be sold. Products like marijuana? Well, not exactly.

The permitted legal percentage of THC in Spain is 0.2% If the product in question has a higher percentage than this then, according to the law, it cannot be sold.

Is marijuana going to be legalized in Spain?

Unfortunately, we do not have a crystal ball to tell us when marijuana will be legalized in Spain, but we can analyze the current situation and reach some logical conclusions.

Let’s take a look:

• How much THC is legal in Spain? – A maximum of 0.2% per product.
• Is it legal to have a marijuana plant in Spain? – Yes, if it is for personal use and not visible to the public. It is not classified as a crime, but may result in a fine.
• How many marijuana plants can I have in my home? – Not specified.
• How many grams of marijuana are you permitted to carry? – Not specified.

So, we can see that the law is slowly progressing, but in a direction that wants to regulate marijuana and the consumption of THC.

We already know what percentage of THC is legal. It is likely that there will soon be a legal specification of how many marijuana plants we are allowed in our homes.

In terms of complete legalization, that appears less likely. We are a long way away from the legislation seen in countries like Holland, Canada, or Uruguay, which allows for not just medicinal use, but recreational use too. In other countries, like Portugal, while it is not legalized, it is also not criminalized.

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