The Spanish political party Podemos are aiming to present a bill for the legalization of cannabis before next March 2019. After the conference "Towards the comprehensive regulation of cannabis", which was held in Congress on October 18 and "The future of cannabis", On November 3rd and 4th in La Rioja, we present some of the some key points of the cannabis regulation proposal of this parliamentary group.
The draft of Cannabis Sativa Law 264 is composed of 43 articles that aim to "regularize and regulate the relationships of individuals and legal entities with the plant." The objective is to promote a responsible and socially accepted use, both by the consumers of the plant and its derivatives, as well as by the professionals who dedicate themselves to related activities.
Guaranteeing therapeutic access to the plant; the modification of the current law on narcotics; generation of between 3000 and 6000 million euros for the state; implementation of an ambitious prevention policy; granting of plantation, production, purchase and sale licenses (until now managed by the Spanish Medicines Agency); and ending drug trafficking, are all objectives of this proposal.
1- Two types of uses and users
Podemos distinguish two types of users and uses in their proposal: individuals, people who cultivate, consume and use the plant and derivatives for strictly personal uses in their domestic or private environment, and also professional users, individuals and legal entities who carry out activities in relation to the plant or its derivatives for non-individual purposes.
2- Limitations to users
For private users there will be two limitations: that outdoor planting does not exceed twenty cubic meters of foliage at term; and indoors, does not use more than 1,200 watts for its production. And that the storage of its dry flowering derivatives does not exceed 3650 grams or the storage of derived product extracted in the form of resins, oils or similar does not exceed 1000 grams.
If individuals exceed the cultivation or possession of derivatives previously stated, they must register their crop in the Special Registry, indicating the nature of the particular use and the justifications of the excess. In all other cases, professional activity will be presumed, unless there is evidence to the contrary.
3- Advertising and communication restrictions
This law also considers advertising and communication restrictions, since it does not support the promotion or incitement to consumption of the plant or its derivatives; and only communications by professionals may be issued to the public, based on scientific texts and always signed by a professional person. These texts must first be sent to the Special Registry.
4- Tax treatment for non-individual uses
If the plant or its derivatives are used for purposes other than medicinal, therapeutic or research, it will be subject to the Special Cannabis Tax, which can not exceed a maximum tax of 35% on the final public retail price. This tax belongs exclusively to the State.
If the plant and its derivatives are used medicinally, taxes and charges will be subject to the general tax regime of products of its type. The economic activities carried out by the professionals of the plant are subject to the general tax regime and in no case may any reduction, exemption, tax benefit or any other type of advantage be applied.
5- Specific uses, minors and driving
The law protects the private use of the plant and its derivatives. This includes planting, holding, transportation, storage, storage, consumption, shared consumption and research. It does not cover recreational use executed with minors or persons incapable of giving informed consent. The law also does not cover the personal behaviour of users in relation to public spaces, such as driving.
6- Professional growers and traceability of the plant
Professional growers have the obligation to register in the Special Registry. Each cultivation record will generate a unique identification code that will allow the complete traceability of the plant and its derivatives until they reach the final user, whether for recreational, therapeutic or medicinal use.
7- Professional medicinal uses
If a person intends to carry out medicinal, therapeutic, research or, ultimately, health-related activities, it is essential that they be qualified for the professional exercise of these activities or the provision of services in these areas: health, biology, chemistry, botany or agronomic engineering…
8- Special tax
There will be a Special Tax on Cannabis for individual use of the plant and its derivatives, on production and professional uses. Production, manufacture and use medicinally will be excluded from this special tax. All national territory is subject to this tax, no exemptions are contemplated.
9- Non-Spanish residents
The use of the plant and its derivatives by persons who are not resident in national and foreign Spanish territories will be subject to the provisions of this law. Actions and uses of the plant involving import or export by professional users require prior communication with the Special Registry.