Spain: the government wants to repeal the Catalan law on Cannabis Clubs

Catalonia's desire for independence is having unexpected repercussions. The Spanish government wants to appeal the Catalan law on Cannabis Social Clubs to the country's Constitutional Court.

Spanish Council of Ministers approved on Friday the request for unconstitutionality of the Catalan law of July 6, 2017, regulating Cannabis Social Clubs.

The Spanish government uses the’article 161.2 of the Constitution which gives it the right to challenge provisions and resolutions adopted by the autonomous communities before the Constitutional Court. Any challenge results in the suspension of the provision in question, even before the Court has considered the matter. He had already used it against Navarre and the Basque Country, which were also seeking to further regulate the current Cannabis Clubs.

According to the executive, this law would violate the exclusive powers of the Spanish state, in particular its competence in matters of criminal law, health, legislation on pharmaceutical products, public safety and compliance with international agreements signed by Spain.

Catalonia would not have the power to pass such a law «which cannot rely on the right of association, consumer protection or health protection, and attempts to regulate and provide legal protection for activities regulated by the penal code. The addition of these elements to the text of the law totally ignores the exclusive competences of the State and international regulations.»

When legalization was announced, Catalonia had already announced that it could be challenged before the Constitutional Council, but recalled that the legalization of cannabis and its application are part of its rights as an autonomous community.