Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Monday, 15 February 2016

SMOKING IN SPAIN

Smoking Ban in Spain*

¿?

4300 Reports and Thousands of Sanctions!


(*) Smoking bans or smoke-free laws are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in workplaces and other public spaces. Legislation may also define smoking as more generally being the carrying or possessing of any lit tobacco product.


It’s been nearly 5 years since this legislation came into force...

But some may be disobeying!!

Police officers watch out for smoking in public
The year preceding the fifth anniversary of the smoking ban, a policy that immensely annoyed owners of bars and restaurants who had already reconditioned their venues to enable areas reserved for smokers. Hospitality entrepreneurs despaired when they realized their investment was in vain and they didn't hide their fear of losing customers. Maybe it was done at the wrong time or maybe the wrong way? Radical prohibitions will inevitably generate undesirable situations...

Caught on camera: waiter smoking!!

But venues soon got used to smoke-free zones. They really did. Experts from the National Committee for Smoking Prevention gave a compliance rate of over 95% (where inspections were conducted regularly).


Spain

In 2015 there were over 120,000 inspections nationwide and...
  • 4305 Reports by local authorities (Policia Municipal and Guardia Civil).
  • 3485 Were given a warning.
  • 1739 Received a fine.

Madrid

Madrid City Council issued 620 warnings after receiving 930 reports,

however, no one was fined!


Some bars and restaurants, in the more exclusive areas of Madrid, may be dodging terrace regulations because they haven’t adapted yet or perhaps have a permissive attitude towards their customers smoking?

According to our Chief Legal Officer: "50% of the area within the perimeter must be open air."

Ayuntamiento de Madrid declined to provide any information regarding how many inspections carried out.


This one went viral last week

England



UK ban in 2007 made it illegal to smoke in all enclosed work places.



Russia



Russia was tobacco industries' paradise for a long time, with almost no regulation. However, the Soviet Union approved countrywide campaigns against smoking. The law "on the protection of the population from the harmful effects of cigarette smoke and the consequences of tobacco consumption" has been effective since 2014

Smoking in workplaces, on aircraft, trains and municipal transport as well as in schools, hospitals, cultural institutions and government buildings has been restricted and tobacco advertising and sponsorship forbidden. Graphic warnings have become compulsory. But only since last year has smoking also been prohibited in restaurants and cafes.


Friday, 12 June 2015

CANNABIS: CULTIVATION DECRIMINALIZED IN SPAIN

Wonderful and Surprising News for ALL Cannabis Smokers, Shops, Growers and Associations



New law takes effect from 1st July



Fine is now €601 and not €1000 as planned

On-the-spot penalty notices for "possession of any amount of illegal substance in public places, roads, public buildings or on public transport" (Art. 36.16)





The wonderful news is they added to Article 36 - for the first time - Section 18 regarding the cultivation of cannabis, which says it's only punishable if "visible in public places".


This is the first time in democratic history criminalized acts and illicit crop planting are determined and clearly expressed what is forbidden, and to the contrary, what is allowed.

Franco’s previous legislation prohibited the cultivation of cannabis from 1967... This law "prohibited" but they didn't sanction offenders. So they considered it forbidden to germinate seeds.

Spain's Government suddenly decided, with new citizen security laws, to decriminalize cannabis cultivation for personal use. Why did they do that? No idea! It definitely wasn't included in the 2013 draft.


Cultivating on balconies in Spain :(

  • "It's considered a serious offence the unlawful act of planting and cultivation of toxic substances, narcotics or psychotropic substances in visible public places" (Art. 36.18)

Grow shops can sell cuttings to growers so long as they don't display them in public. They must inform customers the sale of cuttings and cannabis cultivation is legal, ensuring these substances are not sold "in visible public places".  You can also sell cactus and mushrooms.

Credit for decriminalization with this new wording of the law can be given to the government and a parliamentary majority.

Thus cultivation for personal use has not been legalized YET but decriminalized, which is the best news for anti-prohibitionists. The best thing they could do. Cultivation is only punishable if it's visible to the public. 


  • NO penalty for cultivation indoors, at home, on a farm, in a greenhouse, in your back yard... THEY CAN'T FINE OR ARREST YOU!!

The BAD NEWS is this law has INCREASED the minimum fine for possession of illegal substances to €601 [it was €300] (Art. 36.16), and they have included an article on searches, which they call "external body searches" (Art. 20).  They have made it 'legal' to carry out a body search without needing evidence of crime, only the suspicion you may be committing a minor offence, for example, possible drug possession. Well... let's see what the Judge says.

At the end of the day, it’s good news. At the end of the day you can grow fearlessly marijuana indoors. At the end of the day it can be grown on a farm. At the end of the day it can be grown in a greenhouse. At the end of the day you can teach farming, visit friends and take photos. At the end of the day you can buy and sell cuttings. 


Now all they need to do is remove the prison sentences and fines for selling and possession?