The first public event for the European Cannabis Advocacy Network will take place on the 17th of December, which will be focusing on cannabis reform in Ireland and Spain. Each month we will be inviting advocates from two European countries to discuss the current state of cannabis reform in their country, and shine a light on both adult-use and medical cannabis reform across Europe.
In an article last month Natalie O’Regan and Nicole (CCAN) got us up to speed with the current situation in Ireland; where cannabis remains illegal for adult-use, but is permitted for medicinal use, though through strict regulations. We are pleased that Natalie will be joining us at the first ECAN event to discuss the current status of cannabis reform in Ireland in greater detail.
Also joining us for a discussion on cannabis reform in Spain will be Queralt Prat-i-Pubill. In the run up to Thursday’s event we thought it would be useful for Queralt to share some background information around the current state of cannabis reform in Spain.
“Cannabis reform is not happening in Spain, and we are not clear what the issue is, we suspect there are interests that are hidden from the public.”
How is cannabis currently controlled, is it regulated?
In Spain cannabis has been decriminalised for adult-use, possession and personal cultivation. However, the commercial sale of cannabis remains illegal. Cannabis has yet to be legalised for adult-use and regulated due to its control under domestic law, which is in compliance with obligations to the 1961 United Nations Convention. Cannabis is also permitted for medical use, however, only products which have passed clinical trials, and met pharmaceutical standards, can be prescribed to patients; for example: Sativex and Epydiolex.
The cultivation of cannabis is in accordance with international treaties. Spanish legislation permits the cultivation and production of cannabis for medical and research purposes, with the administrative authorisation of the Spanish Agency for Medicines and Health Products (AEMPS). Private cultivation for personal use, and collective cultivation for collective use is allowed through the Organic Law 4/2015, but it is subject to legal insecurity.
Where does the Cannabis Social Clubs (CSC) fit into this legal framework?
The consumption of cannabis for recreational purposes remains in a legal vacuum. This is due to the exception promoted by the Cannabis Social Clubs in the beginning of the 90’s. Public consumption of cannabis remains illegal, but cannabis consumption in private is decriminalised, therefore the CSC are able to operate through a legal loophole, or grey area.
There are currently around 2000 Cannabis Social Clubs, half of them in Catalonia. Catalonia is a nation in it’s own right, and therefore legislation differs to that of Spain. But the situation there is precarious and subject to complex legal issues. The CSC are frequently raided by the police, operations which are best characterised as a “burn first, then ask questions” strategy. These raids even take place in seed banks, for example one of the biggest seed companies in Europe, Dinafem, is currently under judicial review in Spain. Moreover, Albert Tió who is an activist, and the President of the Federation of Self-Regulated Cannabis Associations of Catalonia has recently been sentenced…
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