Drug Trafficking: Legal Amounts for Personal Use

Is drug consumption a crime? From what quantity is it considered drug trafficking? What is the maximum amount of drugs I can carry? What happens if the Police catch me with drugs? The crime of drug trafficking and the quantities permitted for personal use.

If you consume drugs or traffic them, you have very likely asked yourself this question at some point. Even if you sell to buy more drugs.

In this article we will explain what minimum quantities of drugs are permitted and from what quantities it is considered a drug trafficking crime.

What is the crime of drug trafficking?

Drug trafficking encompasses activities such as the cultivation, manufacturing and commercialization of toxic drugs, narcotics and psychotropic substances. Additionally, it includes lesser-known actions, such as facilitating or promoting the consumption of these substances. Therefore, it is essential to know the quantities permitted for personal drug use, since many people, in addition to consuming, sell to finance their consumption, unaware that this conduct constitutes a drug trafficking crime.

And what is the objective of the Criminal Code in this area? The legislation seeks to protect public health, especially considering conduct that may put both individual and collective health at risk.

Is possessing drugs a crime?

To be able to discuss the crime of drug trafficking, one must consider the quantity

What the Criminal Code punishes for drug trafficking

For a person to be convicted of a drug trafficking crime, two fundamental elements must be present:

1.- The holding or possession of prohibited substances: The mere possession of drugs may be sufficient to initiate an investigation, but does not always imply trafficking. However, there are other punishable conducts that do not require being in direct possession of these substances, such as facilitating consumption or membership in a criminal organization. These actions are also contemplated in the Criminal Code as part of drug trafficking.

2.- Intent to traffic: for this, it is essential to demonstrate the intention to deal drugs. In this regard, the intent to traffic must be proven during the judicial process. Therefore, it is important to seek an attorney expert in drug trafficking who can discredit the arguments of the Police and Civil Guard who will always claim they arrested you with clear indications of trafficking.

For example, drug possession in small quantities may be associated with personal use, while large quantities or fractionated substances reinforce the suspicion of drug trafficking.

What is the permitted quantity to argue that drug possession is for personal use?

The legislation and our jurisprudence establish guidance limits to determine what quantity of drugs is

What requirements does jurisprudence establish to consider that shared drug consumption is NOT considered a crime?

Drug consumption, according to Supreme Court jurisprudence, may not constitute a crime under certain circumstances. This doctrine seeks to differentiate between conduct that affects public health and that which has no criminal relevance.

For shared consumption not to be considered a crime, a series of requirements must be met:

1. Habitual consumers or addicts.

The participants must be habitual consumers or persons with addiction to the substance in question. This requirement seeks to prevent third parties who are not consumers from being incentivized to begin consumption.

2. Consumption in a closed place.

The act must be performed in a closed space, not accessible to the public. This aims to prevent the promotion of consumption and limit exposure of the substance to persons outside the group.

In the bathroom of a nightclub, we could say that consumption is being promoted and therefore that conduct could be criminal.

3. Small and determined group.

The participants must form a group