The Superior Court of Justice of Andalusia (TSJA) has ratified the sentence of two years in prison imposed on a man by the Seville Court for a drug trafficking offense, on the grounds that the quantity of substances seized by the National Police "exceeds notably those that can be presumed to be intended for personal consumption, moreover dealing with types of substances that are very limited."
In a ruling dated October 15, the Andalusian High Court fully confirms the ruling and rejects the convicted man's appeal. The Seventh Section of the Provincial Court had already imposed on him, in a judgment of September 15, 2025, a sentence of two years in prison and a fine of 40 euros, with ten days of subsidiary personal liability in case of non-payment, according to the order released by the TSJA Communications Office.
The events date back to November 22, 2023, when agents of the National Police intercepted in Seville the driver of a car that was traveling along Camino de los Descubrimientos street, on the Isla de la Cartuja, carrying various narcotic substances "ready for distribution to third parties." After the corresponding expert analysis, the possession of 0.9 grams of 2C-B, 1.78 grams of MDMA and 0.82 grams of cannabis resin, in addition to other narcotics, was substantiated.
The judges rule out that the drug was intended for personal use, as the defense argued in its appeal. The appellant argued that "no trafficking operation had been observed nor did he carry any measuring instrument for the individualization of doses, nor was any amount of money seized from him."
The TSJA recalls in its order that, in accordance with established doctrine, "it can be presumed that the quantity is limited to consumption for three or five days depending on the substance in question, and since in the case of MDMA, its standardized daily consumption forecast is 480 milligrams (0.48gr), it is unthinkable that those quantities to which we refer (5.2 grams) were intended for own consumption." From these parameters, the court concludes that the purpose of the seized substances was not personal consumption, but trafficking.