As an Attorney specialized in drugs and drug trafficking we specialize in legal advice and defense in all types of criminal proceedings related to drug trafficking.
According to the Attorney specialized in drugs and drug trafficking, the Penal Code establishes different types of offenses related to illegal drugs, involving the manufacture, sale, or possession of illegal drugs or narcotic substances.
Drug Trafficking: the drug trafficking offense
How does Spanish legislation define this type of offense? Specifically, we must refer to what is expressed in the Penal Code:
«Those who carry out acts of cultivation, production, or trafficking, or who in any other way promote, favor, or facilitate the illegal consumption of toxic drugs, narcotics, or psychotropic substances, or possess them for such purposes, shall be punished with sentences of imprisonment from three to six years and a fine of one to three times the value of the drug subject to the offense if the substances or products cause serious harm to health, and imprisonment from one to three years and a fine of one to twice the value in other cases.
Notwithstanding the provisions of the preceding paragraph, the courts may impose a sentence of a lesser degree than those indicated, taking into account the minor nature of the act and the personal circumstances of the offender. This discretion may not be exercised if any of the circumstances referred to in the articles are present»
It should be noted that there are a number of aggravating circumstances which, if present at the time the offense was committed, will result in more severe sentences being imposed.
By way of example, aggravating circumstances may be considered when the offense was committed by a public official or authority, educator, or licensed professional in the exercise of their duties, when the drug is sold to minors under 18 years of age, or for example when the drugs have been adulterated, further endangering the health of those who consume them.
Within the scope of drug trafficking offenses, there are various types of conduct which, while all constituting criminal offenses, carry different penalties depending on how their severity is classified.
In this article, the Attorney specialized in drugs and drug trafficking will discuss some of them.
Small-Scale Dealing: Drug Trafficking Fines
Small-scale drug dealing refers to the sale of drugs at the lowest level, often carried out by addicts themselves, who view this activity as a way to self-finance their consumption.
Case law considers that small-scale drug dealing does not entail the same severity as other drug trafficking offenses because, among other things, the quantities seized tend to be small, and therefore the associated penalties are lesser.
Fines imposed for small-scale drug dealing may vary in amount, depending on the severity of the offense, which will vary according to the risk caused, the economic benefit obtained, or even the financial capacity of the offender. Recidivism for the same offense will also be taken into account.
The amount of fines may range from 601 euros to 30,000 euros and will be determined by the Judge after evaluating all circumstances related to the commission of the offense.
Appealing Drug Trafficking Fines through an Attorney specialized in drugs and drug trafficking in Ronda
It should be remembered that it is possible to appeal fines imposed for drug trafficking. To do so.
You must turn to an Attorney specialized in drugs and drug trafficking in Ronda.
Once we are notified of the opening of the disciplinary proceedings, initiated by the police authority, a process begins in which we may submit the appropriate representations.
These representations must be answered by the Administration, which will resolve and communicate the outcome of the proceedings and, where applicable, the fine imposed.
If the defendant does not agree with said resolution, they may file an administrative appeal.
If you have been involved in an offense related to drug trafficking, contact us now. We have attorneys specialized in drug trafficking offenses in Ronda who can provide you with all the legal advice and defense you need.
Drug Possession Offenses
Drug possession, even for personal use, may be considered a criminal offense if certain circumstances arise that could raise suspicion that its intended use is not personal consumption, or if the drugs seized exceed the quantities that current legislation considers to be the maximum for personal use.
For example, if in addition to the drugs a considerable amount of money is found, or if the person from whom the drugs are seized does not demonstrate being a regular user, among other indications that could raise suspicion that it is actually drug trafficking and not personal use.
Cannabis Possession
For cannabis, legislation establishes the maximum quantity that may be seized to be considered personal use. This quantity must not exceed 100 grams. It should be noted that THC concentration levels may also be assessed, as THC is the psychoactive substance of this plant.
Hashish Possession
In the case of hashish, legislation establishes a maximum quantity of 25 grams. Above this quantity, its use for trafficking purposes could be considered.
Drug trafficking offenses can carry quite severe penalties. It is therefore important that you place yourself in the hands of attorneys with extensive experience in this type of case. Contact our Attorney specialized in drugs and drug trafficking to receive immediate legal advice.
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