Self-Consumption and Crimes Against Public Health

by on 07/07/2025 with No Comments

Self-Consumption in Relation to Crimes Against Public Health

Possession of drugs for personal use is not a crime. The law allows personal use as long as it is done privately and responsibly.
It should also be noted that shared consumption is not penalized, as has been definitively applied since the Supreme Court, Criminal Division, Judgment No. 508/2016, of 2016; a judgment that reflects the doctrine of many other previous favorable court rulings from 2003, 2013 and 2015..
In principle, possession of drugs, narcotics or psychotropic substances intended for personal use does not constitute a crime punishable by our penal code, and therefore is not punishable. The Law permits self-consumption as long as it is carried out within the privacy of our home or in the environment of a CSC like ours.
The authorities, in the event of intervention, regardless of our statements regarding the possession of drugs, narcotics or psychotropic substances, will assess whether they are facing a situation of self-consumption or drug trafficking in order to act.
To do this, they will take into account, among other factors: the origin of the substance, how we acquired it, whether the quantity seized is greater than what is commonly established for consumption in a few days, the place where we are, our personal reaction to the intervention of the agents, also if there are scales or other elements for handling the substance in the place, the type of substance seized, and in addition, our personal situation as consumers in relation to the substance will be assessed, that is, the degree of addiction that we have as consumers.
Later, if the facts reach the court, we will have to present the evidence to defend our situation, and the Courts will have the final say.
A very important point when the Courts assess whether the situation in question is one of self-consumption or trafficking, will be the quantity of the substance seized, and here the concept of responsible consumption that has been established by judgment comes into play.
This is the scale and table of equivalences for responsible consumption prepared by the National Institute of Toxicology:

Responsible Self-Consumption Scale

According to this scale, it is considered that the possession of drugs that do not exceed the forecasts for immediate personal consumption of more than five days, will not be considered a crime, if there are no other circumstances, which in the case of marijuana would be 100 grams maximum.
The Supreme Court ruling 578/2006 May 22 and the Judgment 390/2003 May 18, they state that an amount seized that exceeds the responsible consumption threshold is already regulated by law and punished as such, unless there are other circumstances.
The Supreme Court ruling of April 20, 2017, establishes the criteria based on the average daily consumption of the drug class and the minimum number of days of possession of the narcotic.
The quantity of drugs is a very relevant element in considering the classification of a drug trafficking offense or its own consumption, but always, in this case we are talking about objective criteria. Supreme Court Ruling 986/2003, of July 2.

Fine for Drug Use or Tendency Administratively Sanctioned

Article 36, section 16 of the Law on the Protection of Citizen Security provides that the following are considered serious offenses: “The illegal consumption or possession of toxic drugs, narcotics or psychotropic substances, even if they are not intended for trafficking, in public places, roads, establishments or public transport, as well as the abandonment of instruments or other effects used for this purpose in the aforementioned places.”
We must bear in mind that the Law on the Protection of Citizen Security establishes the payment of a fine for consumption or possession of drugs in public places or establishments, which may range from €601.00 to €10,400.00 when it is the first time and there are no aggravating circumstances.
A recent ruling by the Administrative Litigation Court No. 5 of Murcia states that municipal police cannot fine those carrying narcotics because it is not the responsibility of the City Councils, but rather the Government Delegations of each Autonomous Community to apply any potential sanctions related to the narcotic substance.
Therefore, the sanction imposed may be revoked, as it is an act that is void by operation of law, and we have a period of four years to take action against this illegality. For the sanction to comply with the established procedure, the Police or Civil Guard, according to the ruling, must refer the violation to the Delegation of the Autonomous Community, which is responsible for issuing the fine.