More Country-Equo has registered this Monday in the Congress of Deputies a bill that, in line with what is requested by the European Cannabis Observatory, declares all uses of cannabis “free”, recognizing “the value and universal character, cultural, sociological, recreational, recreational, medicinal, commercial and industrial of the plant in all its varieties “. The regulation thus seeks to equate the consumption of cannabis to that of tobacco, with all its limitations in closed establishments and access to minors. Its consumption will thus be prohibited until the age of 18 and for legally disabled people.
The text, to which elDiario.es has had access “covers the strictly private uses of the plant and its derivatives, carried out by natural or legal persons, including planting, possession, transportation, deposit, storage, consumption , the shared use, research or development “of marijuana and its derivatives.
The bill contemplates, for example, that its use on public roads be decriminalized – now punishable by a fine of between 600 and 10,000 euros – or that “people who make particular use of cannabis” can “transport it on the road. public hidden within their belongings and without showing up to 10 times the necessary amount of daily consumption. ”
“Administrative sanctions may not be imposed when the uses of individuals regulated in this title take place on public roads, unless they produce damages to third parties, imply an abuse of the public domain or compromise the safety of other people, especially in the In the case of minors, their consumption in the form of cigarettes or other forms of inhalation that generate gaseous waste in the form of fumes is subject to the provisions of Law 28/2005 of December 26 regarding restrictions in certain spaces “, points out the regulations proposed by Íñigo Errejón’s party.
Regulation of professional uses
The law also provides for the professional use of cannabis and states that “the planting and use of derivatives of the plant for professional purposes will require prior authorization from the Public Administrations.” All these farmers must register in an epigraph that will be created ad hoc in the records of economic activities. The requirements that stores in which cannabis-derived products are sold are also detailed.
Thus, these establishments must be provided with security systems that guarantee the impossibility of access by minors to them, and “may not contain elements that in any way express the incitement to the use or consumption of the plant and its derivatives.” In any case, Más País-Equo points out that 60% of the tax collected from the sale of cannabis should be allocated to the health budget, to help “improve” the public health system.
In its explanatory memorandum, Más País explains that the law “seeks to provide Spain with a solid regulatory framework that is consistent with the social reality regarding agricultural, industrial, commercial, therapeutic or recreational activities related to the cannabis plant.”
The green training considers in any case “necessary to take into account some of its potential harmful effects, as is the case with regard to the regulation of other substances such as alcohol and tobacco”.
“Saving the distances, since no use is associated with tobacco that, empirically, has demonstrated a positive or therapeutic effect, the remarkable thing about this comparative legislation is that, taking into account the certain existence of negative effects on public health, the The normative response does not consist of the prohibition and criminal classification of consumption or the performance of other derivative activities. On the contrary, personal freedom, enshrined in article 17 of the Constitution, stands as the right that prevails in the tension between it. and the aforementioned 43, without prejudice to the role of the State as guarantor of public health, “ditch.
Not “curtail” “personal freedom”
“Therefore, this guardianship work is defined as an activity of information and training in values, attitudes and behaviors that are compatible and inspiring of personal freedom, without actually curtailing it, provided that this freedom does not pose an open and manifest threat to order. public, which could motivate and legitimize a more restrictive intervention “, he adds.
In the opinion of Más País, “the work of the public powers should not consist in the mere prohibition, but in the dissection of the moments and circumstances in which it should intervene, in the public interest, while safeguarding and guaranteeing personal freedom. This allows, as is the case in this Law, to squeeze the opportunities and benefits that cannabis offers, minimizing the potential risks that it may entail. ”