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Other law 🇪🇸 Spain

Spain's prosecution service distinguishes personal possession from drug supply

Circular 1/1984 interpreted the revised Article 344 of the Penal Code. It distinguished possession for the holder's own consumption from possession intended for others, and maintained that giving drugs away could constitute trafficking despite the absence of payment. It directed prosecutors to treat cannabis and its derivatives within the less severe statutory drug category, following Supreme Court case law. These were prosecution guidelines on the existing law, not permission for cannabis sales or unrestricted gifting.[1]

Listed for context. No score change is recorded for Spain here.

References

  1. Fiscalía General del Estado — Circular 1/1984 of 4 June, original text hosted by BOESections B and C on possession and donation; D(a) on cannabis classificationarchived

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