Despite the fact that marijuana use is more than tolerated in the Balearic Islands, from a legal point of view there are several inconsistencies and the truth is that the debate on the subject is more complicated than one might think.
A first step to try to understand if marijuana can be legally smoked in the Balearic Islands is to take into account the concept of “crime against public health”.
According to article 368 of the Spanish criminal code, “those who carry out acts of cultivation, transformation or trafficking, or in any other way promote, favor or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances will be sentenced“.
However, in the Balearic Islands, marijuana clubs and associations that dispense marijuana are allowed, since they are considered closed spaces, reserved for members and in which a small number of people can consume cannabis individually and responsibly.
This implies that smoking marijuana in the Balearic Islands, inside a cannabis club like us, is not considered a crime against public health.
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What is and what is not allowed around cannabis in Ibiza
Selling weed to non-members of the club is strictly prohibited. To become a cannabis club, a double-door system is required to prevent the lobby from witnessing the consumption of cannabis, which takes place inside. Another essential requirement is the presence of smoke extractors.
Is smoking weed legal in Ibiza and/or Spain?
The law does not prohibit the consumption of cannabis in private places, as long as it is not intended for sale. Therefore, it is legal to smoke marijuana in your own home or in associations that distribute marijuana, as they are considered closed spaces not open to the general public and meet the necessary requirements. Interestingly, in March 2022, a fine of 601 euros imposed on a person who was found by police with 0.55 grams of cannabis in their car parked on the street was annulled by a judge in Jaén.
The fine was nullified because the car cannot be considered a public place or public transport. However, transporting marijuana for sale or driving under the influence of this substance is considered a crime against public health.
What is the fine for consuming marijuana in public places?
While consuming cannabis in public places may be “tolerated” in many cases, it remains illegal. The minimum penalty is 601€, but it can reach 30,000€, depending on the danger posed to public health and the financial ability of the offender. Therefore, if you plan to legally smoke weed in Ibiza, remember to do it in a private space or a licensed club.
In this cases, Marihuana is legal
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