Associació Cannàbica

  

The Green Rose

The Green Rose

dimarts, desembre 1, 2015 - 12:00 a dilluns, febrer 1, 2016 - 01:00
The Green Rose in Greenage
Towards a fair regulation
La Rosa Verda is a popular legislative initiative to regulate associations of drug consumers of cannabis. It is the first proposition of European law introducing the cultivation, distribution and transportation of cannabis, as well as quality control. What is the actual frame? Use of marijuana in Barcelona: legal but unregulated There are plenty of marijuana users in Barcelona. As one of the most populated cities in Spain, it is not surprising that it's also one of the places where we can find a greater proportion of consumers of this substance. One of the main questions that may arise to any of these people is whether or not marijuana use in Barcelona is illegal, if -as it happens in the United States- mere possession can lead to jail or even if you may have legal problems should you belong to a cannabis association. We will try to clarify these and other questions along this article. Starting from the beginning, at this point many readers of this site should know that in Spain drug use is not a crime. That is, police officers can't take you to jail or apply the Criminal Code against you on these grounds. The idea behind that is that there's no legal reason to punish the user of a substance, since he may exercise his freedom in this area as he sees fit. So calm down you marijuana users in Barcelona: no one will arrest you for doing this. What is indeed a crime according to the Criminal Code (articles 368 and following), is drug trafficking. Or more specifically, acts of “cultivation, production or trafficking”, as well as promoting, favoring or facilitating the use of illegal drugs. That is, consumption is not punished but dealing with these substances is. All marijuana users in Barcelona should learn this nuance. It is also forbidden to use narcotics in the streets or even just carrying them (even when not being consumed). So says the Ley Orgánica de Protección de la Seguridad Ciudadana, which provides for fines of up to 30,000 euros. And be careful, since a new law is being drafted, one that'll raise up the minimum amount of the fine. This is not a crime, it doesn't involve criminal proceedings, but it is an administrative offense (just like a traffic ticket). In other words, you can use marijuana in Barcelona (as in any other city in Spain) provided that it's in a private place and you're not transporting the substance on public roads. How does this affect associations? There are some 120 associations of marijuana users in Barcelona, the well-known cannabis clubs. Sure, it is conceivable that these laws may affect them. The fact is that most of these associations are legally constituted and have statutes that have been studied in detail by legal professionals. Therefore, cannabis clubs are not exactly centers of marijuana trafficking in Barcelona. Moreover, if they were, all members of these 120 associations would have already been arrested for crimes related to drug trafficking. Since these arrests have never happened, it is clear that not even authorities consider cannabis clubs to be related to trafficking. These are social facilities where adults make their own consumption of marijuana (in Barcelona as in any other city) in a very regulated and controlled space, even with medical assistance and talks about the effects of narcotics. In fact, one of the legal-social functions cannabis clubs provide is to prevent members to end up linked to the illegal market, which is obviously much more dangerous than drug use in a controlled area. Barcelona authorities are certainly interested in have marijuana use restricted to a limited zone. However, and unfortunately, the associations of marijuana in Barcelona are in a legal limbo. It is clear that their activities are not criminal, but their legal requirements aren't clearly regulated... although cannabis clubs themselves have long called for this regulation in order to remove all doubt about their activities. Not to mention that they could bring social and economic benefits for Barcelona. The Generalitat does not seem to know its way in this issue, and that's why City Councils are being the ones to take some steps. And one of the municipalities that has shown more interest in regulating cannabis clubs is precisely Barcelona. Not surprisingly since, as we have seen, there are a huge number of marijuana users and associations in Barcelona. Regulation has already become an urgent necessity. With this ILP (Popular Legislative Initiative) is to advance a fair regulation for citizenship and to end the legal vacuum that is not beneficial to anyone. We will keep reporting