The fine for use or possession of drugs imposed, will depend on different factors such as criminal records, aggravating circumstances, the amounts of drugs seized, among others.
In Spain, drug possession behaviors do not always constitute a crime, hence many doubts arise as to what type of punishable behaviors can lead to an administrative offense and its corresponding fine.
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Fine for consumption or possession of drugs in public places or establishments
The mere possession of drugs, in Spain, does not constitute a crime by itself, as long as it is not aimed at illegal drug trafficking. However, according to the Citizen Security Protection Law, the consumption or possession of drugs in public places or establishments can lead to administrative fines.
The Spanish Penal Code penalizes as crimes, in articles 368 and following, the illicit cultivation, preparation and trafficking of drugs, as well as the illegal possession of these for such purposes. Likewise, it punishes activities that promote illegal consumption in some way.
The Citizen Security Protection Law (LPSC)which entered into force on July 1, 2015, contemplates in its article 36.16 that all behaviors related to the possession and consumption of drugs constitute a serious infraction.
Types of infractions in the Law for the Protection of Citizen Security
According to article 36, section 16 of the LPSC, the possession and illicit consumption of drugs, narcotics or psychotropic substances, despite the fact that they are not intended for trafficking, in spaces, roads, public establishments or collective transport, as well as the abandonment of the instruments for it in the mentioned places, imply Administrative sanctions of a serious or very serious nature.
In serious and very serious infractions (minor ones are not contemplated), The fines will be divided into three sections, depending on the degree:
As long as the aggravating circumstances stipulated in article 33.2 do not occur, the fine to be imposed will be applied to a “minimum” degree.
What is the amount of the fine for consumption or possession of drugs in public spaces?
Payment of a fine for consumption or possession of illegal drugs in public spaces or establishments established by the LPSC, in article 39 for serious offences, ranges between 601 and 30,000 euros.
- The minimum level of the fine for the “serious offence” ranges from 601 to 10,400 euros.
- The average degree of the fine for the “serious offence” ranges from 10,401 to 20,200 euros.
- The maximum degree of the fine for the “serious infraction” ranges from 30,201 to 30,000 euros.
To determine the minimum fine, the Administration will take into consideration the commission of the infraction. Therefore, if it is the first time that a person is fined for consuming or carrying drugs in public places, roads or establishments, the corresponding fine ranges from 601 to 10,400 euros.
Now if in the next two years he incurs another infraction of consumption or possession of drugs in public placesthe sanction becomes medium grade, the amount of which ranges from 10,401 to 20,200 euros.
What criteria are taken into account to quantify the amount of the fine for consumption?
The amount of the fine for consumption or possession of drugs in public spaces will depend mainly on a series of criteria contemplated in article 33.2 of the LPSC.
- The degree of guilt
- The entity of the risk caused to public safety or public health.
- The amount of damage caused
- The alteration caused in the supply and/or operation of public goods and services to citizens.
- The economic benefit that is obtained due to the commission of the infraction.
- The financial capacity of the offender.
- The importance of the damage to prevent, maintain or restore citizen security.
Maximum amount admitted in drug possession
The maximum amount allowed for drug possession to constitute a crime are those indicated by the Ministry of Health, on the Minimum psychoactive doses, infractions and sanctions for illegal drug trafficking or consumption in Spain of the National Plan on Drugs of the Government of Spain.
The references of minimum quantities admitted are the following:
- 100 grams of marijuana.
- 7.5 grams of cocaine.
- 25 grams of hashish.
- 3 grams of heroin.
- 1.2 grams of methadone.
- 1440 milligrams of MDM, MDMA, MDEA.
- 900 milligrams of amphetamine.
- 3 milligrams of LSD.
In this sense, if the amount of drugs seized is greater than the amounts indicated and it is being trafficked, it would no longer correspond to an administrative sanction punished by the Law for the Protection of Citizen Security, but an alleged crime against public health “drug trafficking” punished by the Penal Code with a custodial sentence and a fine.
Postponement and appeal of the payment of a fine for drug possession
Sanctions imposed for drug use or possession They can be appealed administratively to obtain their annulment or, to reduce the amount of the fine. This appeal must be drawn up and signed by the offender, although it is not always necessary, the intervention of a lawyer or solicitor is also recommended.
On the other hand, if the payment of the fine for consumption or possession of drugs is canceled within the period indicated in the notification of the same, it will be reduced to half the amount. However, if the offender complies with the payment of 50%, the only way available to appeal the sanction is the contentious-administrative jurisdictional order, that is, the trial.
It should also be noted that this method of payment of the fine does not contemplate its divisionsince, in the rest of the cases, the fine can be deferred and divided.
What happens in the cases of minors?
Regarding minors, the fifth final provision of the Citizen Security Law establishes that the fines imposed on minors for the commission of infractions regarding the consumption or illegal possession of toxic drugs, narcotics or psychotropic substances, they may be suspended on the condition that, at the request of the authors and their legal representatives, they are willing to undergo treatment or rehabilitation, if necessary, or re-education activities.
In the event that the minor perpetrators abandon the treatment or rehabilitation or the re-educational activities, the economic sanction will be executed.
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2023-04-24 07:18:37
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