Got caught with marijuana? Don’t panic!

According to the General Health Law, possession of any narcotic is considered a CRIME. Yes, any amount. However, it is classified into two different crimes:

1. Possession for the purpose of trade or supply

This applies when the investigative authority can prove not only that you possess the substance, but also that your intention is to sell or transfer it to another person—even if for free.

👉 Example: If you are “holding weed for your friend,” be careful! This could qualify as possession for the purpose of supply.

📌 Penalty: 3 to 6 years in prison and a fine of 80 to 300 days.

2. Simple possession

This applies when the purpose is strictly personal use, without any intention of trading or supplying others. It is called “simple” because it does not directly affect third parties.

📌 Penalty: 10 months to 3 years in prison and up to 80 days fine.

So, is the amount not important?

Actually, the quantity matters for two reasons:

1. Jurisdiction (local vs. federal):

   • If the amount is less than 1,000 times the permitted personal quantity (see official table), the case is handled by local authorities.

   • If the amount exceeds that limit, it falls under federal authorities, with harsher penalties depending on the drug.

   • In the case of cannabis, the maximum limit for local jurisdiction is 5 kilograms.

   • If the drug is not listed in the table, any amount is handled federally.

2. Possibility of release:
   The law allows the Public Prosecutor to release a person detained for possession of certain substances, as long as:

   • The amount does not exceed what is listed in the table.

   • The person is a consumer.

   • The detention did not occur within 300 meters of schools, hospitals, police stations, or prisons.

What to do if detained?

• Stay calm.

• The police must respect your rights—you have the right to demand it.

• If possible, document your detention and the inspection acts carried out.

• Ask for help from companions or bystanders.

• Remember: in public places, you have the right to record adults without their consent if it serves a lawful purpose—such as documenting your detention to protect your legal rights.

📌 If you find yourself in any of these situations, do not hesitate to contact Lic. Jorge Fernandez for legal advice and assistance with your case.