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Spain's Ministry of the Interior has just issued new guidance that stops police from fining people for possessing or using drugs inside a parked car, as long as the drugs aren't meant for sale. The reasoning, though bizarre, is simple: A parked vehicle is considered a “private space” by law.

 

According to government sources, the instruction went out on Tuesday May 6 to the National Police forces, and it's already stirred up some serious controversy. Police unions like SUP and Jupol have spoken out against the move, warning that it could lead to neighbourhood disturbances and more cases of people driving under the influence. They're also concerned it sends the wrong message, undermining public trust in law enforcement and weakening their ability to intervene.

 

This new rule is meant to clarify how officers should handle these situations. Up until now, drug use or possession in public places, including streets, public establishments and public transport, could land you with fines anywhere between €600 and €300,000, based on the 2015 Citizen Security Law, which is currently being reviewed in Congress.

 

But there was a major loophole. The law left it up to police officers to decide if using or holding drugs in a private parked car counted as a serious offense. Now, the Ministry is pointing to several rulings from Spain's Supreme Court, which say that while a car isn't the same as a home, it still counts as a private space where some level of privacy must be respected.

 

Perhaps unsurprisingly, the police unions aren’t happy and both SUP and Jupol released statements slamming the decision.

 

"This measure, clearly inconceivable, completely neutralises the preventive work of the National Police and other State Security Forces and Corps, by leaving officers without the legal tools to intervene in a situation that, in practice, can lead to road tragedies," reads the SUP statement.

 

Jupol echoed those concerns, blaming what they see as a wider push by the government to weaken the Citizen Security Law.

 

 

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