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17-09-2024 06:29:23 - Updated: 17 September, 2024
In the cannabis scene in Spain, there is a popular saying that you have probably heard more than once: “If you don’t get the paper, there is no fine for joints“. This phrase has gained notoriety among cannabis consumers as a sort of “unofficial rule” to avoid penalties when caught with small amounts of weed in public. But how true is this belief? In this article, we explain in depth what this expression really means, how Spanish law works in these cases, and to what extent you can trust this “strategy”.
🏁 The Law in Spain: Weed and Administrative Sanctions
In Spain, possession of small amounts of weed for personal use is not penalized as a crime if it occurs in a private setting. However, the story changes if you are caught in public with weed or its derivatives. The “Gag Law” (Organic Law 4/2015 on the Protection of Citizen Security) establishes that the possession or consumption of drugs in public places, even for personal use, constitutes an administrative infraction. This infraction usually carries a fine that can range from 601 to 30,000 euros, depending on the severity and recidivism.
But this is where the famous “paper” comes in. According to the regulations, for the administrative sanction to be valid, the agents must issue a report or official document recording the infraction. That report, commonly known as the “paper,” is the first step in the administrative procedure that can lead to a fine.
✅ What Happens If You Don’t Get the “Paper”?
The expression “if you don’t get paper, there is no fine” refers to the obligation that agents have to provide you with that document at the time of the intervention. In practice, if the agents do not give you that report, there may be irregularities in the procedure, which could invalidate the sanction at later stages.
However, not receiving the paper in hand does not automatically guarantee that you are free from the fine. The agents can take note of your details and process the sanction later, sending the report and the fine to your home. This is a completely legal procedure and increasingly common, especially if the agents cannot or do not want to deliver the document at the time.
📢 Procedure and Appeals: What Can You Do?
If you receive a fine for possession of weed and you were not given the report at the time, you may have a basis to appeal the sanction, arguing that the procedure did not comply with the law. In some cases, the absence of the “paper” or report delivered at the time may be sufficient for the administrative process to be invalidated, but it will depend on how the agents managed the intervention.
To appeal a fine under these circumstances, it is advisable to seek specialized legal advice, as it is a complex process that requires knowledge of the current regulations and how to apply them in your favor.
✨ Is “If You Don’t Get Paper, There Is No Fine” Really Effective?
The answer is: it depends. While it is true that the delivery of the report is an essential step in the sanctioning procedure, relying on not receiving the document at the time of the intervention is a risky strategy. As we mentioned, the police have the ability to process the sanction later and send the report to your home, even if they do not give you the paper at the time.
Moreover, in practice, it is not always easy to prove that you did not receive the report if the agents record your details and proceed to sanction you. Therefore, although this unwritten rule may have worked in some cases, it is by no means a guarantee.
🌞 The Hypocrisy of Law Enforcement
One of the aspects that has generated the most criticism regarding the application of this regulation is the discretion with which it is applied. In many cases, the sanction or the delivery of the “paper” may depend on the agent’s criteria or even the attitude of the offender during the intervention. This lack of uniformity creates a perception of arbitrariness in the application of the law, which often leaves cannabis consumers in a state of uncertainty.
⛳ Conclusion and Pevgrow’s Opinion: Stay Informed and Act Cautiously
The saying “if you don’t get paper, there is no fine” may have some truth to it, but it is not a legal guarantee that you should blindly rely on. Spanish regulations establish that possession of weed in public spaces is a sanctionable infraction, and while the absence of the report at the time may be an opportunity to contest the fine, it does not ensure that you will avoid the sanction.
At Pevgrow, we believe it is crucial for cannabis consumers to be well-informed about their rights and the laws that affect them. Knowing how the regulations work in your country will not only help you make more conscious decisions but also protect you against unfair situations or abuses by the authorities. Always remember to act within the legal framework, stay informed about local laws, and, in case of doubt or legal issues, seek professional advice to defend your rights.
In Spain, the consumption of weed in private settings is allowed, which is quite good compared to the laws of other countries, and we also have a lot of clubs and consumer associations to smoke legally… Don’t tempt fate and respect the law to avoid problems! What about you? Have you ever been fined for possession or consumption of weed in public? Share your experience in the comments to gain a broader perspective on the issue.
This is how it is, I had my joints taken away during a check and they didn’t give me any paper, I never received the fine and I’m sure the cops smoked them.