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Spain: Constitutional Court suspends Catalan law on Cannabis Clubs

Published

9 years ago

December 5, 2017 - Updated April 15, 2022

It was in the works for a little over a month. The Spanish Constitutional Court suspended the Catalan law on cannabis consumer associations yesterday, adopted following a citizens' legislative initiative and which was intended to regulate the cultivation and transportation of cannabis for cannabis clubs.

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The decision was made following an appeal by the Spanish government, which considers this legalization of cannabis to be contrary to the state’s exclusive jurisdiction and an attempt to provide legal protection for activities prohibited by the Penal Code.

According to the Executive, the law approved by the Catalan Parliament is unconstitutional and cannot be classified as falling under the right of association, consumer protection, or health protection. It would also violate international agreements signed by Spain.

The Spanish government invoked Article 161.2 of the Constitution, just as it had done to block the regulation of cannabis clubs in Navarre.

The Catalan law has been temporarily suspended while the Court determines whether it does in fact infringe upon the Spanish government’s authority.

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In reality, this is not expected to change much regarding the situation of cannabis clubs in Catalonia, but it could complicate the work of the associations.