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A state legislative initiative regulating cannabis users has been approved

The house will defend in Congress a proposition that gives physical and legal security to people and associations, both in terms of consumption and self-cultivation

The Parliament of Navarre has today, with the votes in favour of Geroa Bai, EH Bildu, we Can-Ahal Dugu, PSN and I-E and the votes against UPN and PPN, passed the proposal of Foral law Cannabis user regulator.

This is a state-issued legislative initiative which was taken into consideration in the plenary on 12 April and which, in the absence of amendments, has not been ruled in committee. Now, if it is admitted to proceedings by the Bureau of the Congress of Deputies, it must be defended by three parliamentarians in the lower house.

The law proposed by Geroa Bai, EH Bildu, CanAhal Dugu, Psn E I-E aims to establish a set of general rules for the "Constitution, organization and operation" of cannabis-consumers and associations, as well as their self-cultivation, in order to avoid the physical and legal insecurity arising from the lack of a clear and coherent regulatory framework at the state level.

In this respect and as a non-profit organization, associations of Cannabis users would be governed by the provisions of organic law 1/2002 of the Right of association, and must be registered in the register of associations of each autonomous region.

With this legal regime it is intended to set up a space that provides legal certainty and "health guarantees" both in terms of "consumption" and in relation to "self-sufficiency", since the case law considers that "consumption is not illicit either penally or administrative when it is subject to the limits of the norm interpreted by the law, according to the social reality ".

From there and taking into account the "playful nature" and the " Therapeutic effects  of "Cannabis," one of the most consumed substances in Spain, "advocating the promotion of responsible use, whether through risk prevention, control of consumption or declining clandestine market.

At the internal level, each association should develop a Membership Registration, which in any case must be of age and accredit their status as consumers prior to their application for entry. In this register, the forecast and the consumption data must be updated monthly. Each associate shall sign an affidavit committing itself not to make an illicit or irresponsible use of the substances acquired in the club.

The associations must also have a book of programming and results of the  cultivation, which will certify the dates and the programmed crops, the techniques used, as well as the quantities collected and suitability for consumption.

Private self-cultivation, not accessible or visible to the public, of up to 4 square meters in interior and 8 plants outdoors, both individually and collectively, in this case by an associated consuming person, shall be considered lawful. In any case, the quantity cultivated shall not be higher than that required for consumption of 10 grams per person and day.

For a Cultivation to be Legal, the person, club or association must register in the Register.

In this sense, it is stipulated that the autonomous and local entities may regulate, the requirements that they consider appropriate for the authorisation of cannabis consumer associations.

Cannabis consumer clubs may create entities that group them together for the achievement of common interests, as well as for their representation before public administrations and society in general.

On the other hand, the Government of Spain is expected to promote the creation of a Monitoring and development table for this law, in order to evaluate its application. The public administrations, on the other hand, will promote the creation of collaborative bodies between them and the clubs or entities that represent them, in order to exchange information or to implement any measure that is deemed pertinent In relation to the Consumption of cannabis.

 

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