Barcelona, June 28 – The Parlament approved today a law created by the Popular Legislative Initiative (ILP) that regulates cannabis associations of consumers, as well as the cultivation and transportation of marijuana by these clubs, after a debate in the chamber over its constitutional reserve.
All the groups of the Catalan Chamber have voted in favor, except for the PPC, which has opposed, and the non-attached deputy Germà Gordó (exPDeCAT), which has abstained, for the Cannabis Consumer Associations Act.
This law establishes the general norms for the constitution, organization and operation of these associations and their clubs, which until now were protected in municipal regulations.
The text indicates that club members must be legal adults who will have to register in a logbook in order to account for the quantities of cannabis purchased and the dates concerned.
The new law also provides for hygienic and sanitary control of associations’ activities and for the prevention of risks.
The law regulates these clubs to be non-profit, legally constituted associations that self-supply and distribute cannabis among their associates, all of them adults who consume in the private sphere, either for recreational or therapeutic purposes.
The text contemplates that cannabis associations recognized by law will be the only ones authorized to cultivate and will not be able to produce more than 150 kg of dried marijuana each year. About the transport, the responsible of the smoking club must process an authorization that includes the association data, the identity of the transporter, the destination, the date and the quantity and the type of product that is transported. Public transport may not be used for this purpose.
To avoid cannabis tourism, the regulations provide a lack of 15 days from the moment of applying for membership in the club until cannabis is purchased. The text also establishes the amount that can be withdrawn by each partner: those over 21 years can purchase up to 60 grams monthly while those who are between 18 and 21 years can not take more than 20 grams.
These quantity limits disappear if the consumption is for a therapeutic purpose. The regulation also prohibits the consumption of alcohol in these associations as well as food products containing cannabis. Marijuana dispensers should be trained on the properties of cannabis and its derivatives, its risks and the harm that can result from its use.
In addition, it establishes the conditions for the constitution, the rights and duties of partners and the requirements to be made, stipulates to maintain a record book, treats production and storage, transportation and distribution and limits advertising. It also regulates the number of members and the maximum monthly consumption that sets at sixty grams per month per associate; Crops and transport; All these points were to date in a legal vacuum that has now been regulated to provide legal coverage to more than 400 establishments in Catalonia, according to Mossos d’Esquadra.
After the plenary, representatives of the associations and the promoters of the ILP, accompanied by the deputies of the groups that have supported the norm, have held a press conference in which they have ensured that what the penal code pursues is the consumption, the Cultivation and illegal trafficking of narcotic substances, and have stated that with the new norm these practices are legalized and “do not enter in conflict” with the criminal code.
The Socialist Raul Moreno has welcomed the rule and has stated that not regulating the cannabis clubs is “to leave the black market free”..
Can be appealed
ILP prosecutor and advocate Oriol Casals has said that the law passed today could also be appealed, although he warned that it would be a “historical mistake”, since “the law is a pioneer in Europe” and ” Judgment-within the Constitution and the Statute. “
During the parliamentary debate, the deputy Alba Vergés has assured that she feels “proud” of the elaboration of a law that she considers “complete” and that “nothing is left”.
On the other hand, Deputy Citizen Noemí de la Calle has announced that her group shares the content of the law, but pointed out that some aspects can generate “frustrations” since the legalization of cannabis is “a national competition” and has joked with that “soon we will hear that Madrid does not let us smoke”.
The other precedent that exists in Spain on the regulation of cannabis clubs was approved by the Basque Parliament in 2016. It is currently suspended by the Constitutional Court due to a conflict of powers.
The central government lodged an appeal on the grounds that invaded the jurisdiction in the field of pharmaceuticals, criminal law and public security.
Socialist deputy Raül Moreno said that “regulating what already exists is the best way to control it” and recalled that up until now cannabis users have done so under conditions of “legal and hygienic insecurity”, which “violated their rights” .
Albano Dante Fachin has celebrated the law that says “is born from below as marijuana plants”, and has asked to “keep alive the engine” of the ILP even though it “conflicts with other instances” such as TC .
Totally opposite has been the sense of intervention by the popular Alberto Villagrasa, who has condemned the law “try to regulate something that can not be allowed as drug use” and has predicted a “short run” to the text approved today.
From the CUP, Sergi Saladié has expressed that his group supports “clear and full legalization of cannabis”, although he has not submitted amendments because the law is the result of “an initiative that comes from the street”, and concluded: “Viva Free Catalonia and cannabis. “
The representative of the ILP promoter commission who has spoken before the plenary of the chamber, David Martínez, has indicated that the adoption of said legislation represents “a firm step towards a more just and egalitarian society” and “amends the historical error of Prohibitionist policies on drugs
The Parlament is sending a message to the rest of the state and the world that says that “the remains of society are resolved by looking it in the face, without the fear of citizens exercising their rights.”
Special thanks to CATFac ( http://catfac.org/ ) and all of you who have done this possible this is an example to the all world!
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