Colombia: Congress proposes legalization of cannabis

A bill to legalize the consumption, production, distribution and sale of cannabis to adults has been presented to the Colombian Congress by Senator Gustavo Bolivar.

The measure would aim to «provide better quality products, reduce risks for consumers and producers, put an end to the insecurity surrounding this activity and put an end to micro-trafficking in Colombian cities».

Proposed regulatory framework

Gustavo stressed that his bill was about «regulating, not legalizing» cannabis, and aimed to impose restrictions on sale and purchase similar to those applied to alcohol and cigarettes. On the other hand, advertising for cannabis would be banned.

The bill is «based on evidence and what's happening in the world today, in Uruguay, at Canada and in the U.S. states where consumption is already regulated. It has been proven that crime levels are reduced and public health is improved,» Bolivar told the newspaper. El Espectador.

Initially, the project would leave the creation of regulations to the Ministries of Justice and Law, Health and Social Protection, Agriculture and Rural Development and National Education. In particular, the latter will be responsible for creating the Colombian Cannabis Regulatory Institute (Icoreca), an entity charged with «the application of national policy on the import, export, planting, cultivation, manufacture, production, acquisition, in any capacity, storage, transport, marketing, processing, distribution and use of cannabis seeds, cannabis and its derivatives, as well as products containing them for adult, medical and scientific use».

The state will be responsible for licensing establishments to plant, store, process and market adult-use recreational cannabis. «Dispensaries with a public character have the obligation to offer affordable prices to consumers of different socio-economic levels, in order to discourage the recurrence of the illegal market.» Victims of the war on drugs will have priority access to licenses.

These places would operate in the same way as establishments already set up in various countries around the world, such as the Netherlands, where adult consumers frequent closed sites to consume cannabis products. «The state will grant licenses and owners will have to set up dispensaries where people can get better quality products without safety issues,» notes the senator.

Growing cannabis for personal consumption would remain legal for up to 20 plants.

Half of the tax revenues from the legal cannabis trade will be invested in prevention, a quarter in a program that would allow farmers to legally grow cannabis instead of illegally growing coca, the basic ingredient of cocaine, and the remaining quarter would go to the government agency responsible for enforcing the regulations.

What support is there for the bill?

Gustavo Bolivar belongs to the opposition party Colombia Humana, with only 4 seats in the Senate. However, the measure is supported by the left-wing party Polo Democratico Alternativo and the FARC party, in addition to having the support of former president Juan Manuel Santos, who had legalized medical cannabis under his mandate in 2016.

While the left and center-left parties seem to be united in their support for legalization, the main obstacle remains President Ivan Duque, who last year signed a decree prohibiting the possession of small quantities of cannabis and cocaine, in spite of the court decisions authorizing this activity. However, Duque is in the minority in the Senate.

If the country chooses to regulate cannabis, it will join Mexico which prepares legislation to legalize cannabis for adult use following a Supreme Court decision declaring that a prohibition of possession and cultivation for personal use is unconstitutional.