Legislative Proposal to Regulate Cannabis

Cannabis consumers all over Catalonia are celebrating; their parliament approved a legislative proposal to regulate cannabis clubs in Catalonia.

Thanks to this legislation, the 500 cannabis clubs all over Catalonia finally get to stop living on the edge of the law, due to the fact that they were only legal due to a series of legal loopholes. This proposition is an attempt to establish legal limits so that the owners of these clubs have parameters to adhere to. One of the most important points dictates that the money earned by these clubs must exclusively go to the club itself in as far as reformations and improvements. It also states that the clubs will have to grow their own marijuana, and sets rules on how the members go about purchasing it.

To avoid involving third parties, those in charge of the clubs must grow their own marijuana, limited at 150k a year. They also must have confirmation that none of their products have any type of residue like metals or insecticides.

To avoid “cannabis tourism” the law requires new members to either be endorsed by an existing member or be a member for at least 15 days before being able to purchase any product. Members aged between 18 and 20 years old will only be able to purchase 20g a month, whereas members older than 21 may purchase up to 60g a month. If a member has a note from their doctor indicating that they consume marijuana medicinally, then there is no limit per month and the member can buy as much as he or she deems necessary, regardless of age.

Another important point that the proposition brings up is transport, making it a pioneering move in Europe, helping avoid what happened for years over in Holland, where due to a “back door” law, selling cannabis was permitted while growing and transporting it was not. All carriers that deliver product to the clubs must have an authorization signed by the person in charge of the club which must include the association’s details, carriers’ details, the date and destination as well as the weight and type of product.

In 2014, the Catalonian Parliament passed a motion that dictated that the civil servants in the sector would have to deal with controlling regulation within 6 months. Time went on and nothing happened, so a well-known group called La Rosa Verda presented a PLI (popular legislative initiative), getting 56000 signatures in just 3 years.

The Partido Popular was the only party to vote against this legislative proposal, arguing that they would be passing a low that entices drug consumption and that is completely against what the Penal Code stands for. Even though they were in the minority, they have stated that they will take the matter to the Constitutional Tribune. The Spanish Government, sticking with its party, has been against the proposal from the beginning. Rajoy’s executive team warned from the start that regulation is against the state, and that he will do anything he can to stop it.

This isn’t the first attempt at regulating cannabis that has been made in Spain; in 2016 the Basque parliament approved regulation until the Spanish Government ended up suspending the regulation due to legal conflicts. They alleged that the Basque parliament was getting involved in issues that fall under the jurisdiction of the Spanish Government, interfering with issues to do with penal legislation, public safety or pharmaceuticals.

We genuinely hope that the same thing doesn’t happen in Barcelona, as it has already been signed by 56k people. If it’s done properly, it could be the beginning of a new legislation in Spain that other autonomous communities could then adopt.

Translation: Ciara Murphy