Israel announces new plans to decriminalize cannabis

Israeli Justice Minister Gideon Sa'ar released a list of proposed new regulations on Wednesday that, if approved, will further decriminalize cannabis use in Israel.

Recreational cannabis is still illegal in Israel, although the Ministry of Public Security partially decriminalized it in 2017, by setting fines and treatment for first-time offenders instead of criminal proceedings.

Currently, first and second offenses are punishable by a fine of NIS 1,000 (€270) and NIS 2,000 (€540) respectively, a third offense requires a conditional settlement agreement, and a fourth offense means a possible indictment. Anyone with a previous criminal record can be charged after their first offence.

However, the current guidelines expire next March. Israeli lawmakers must therefore act to prevent a return to full criminalization of cannabis.

More flexible decriminalization

Under the new draft directives, cannabis use by adults will not be considered a criminal offence at all, but an administrative offence, similar to most traffic offences.

The new regulations proposed by Sa'ar will not allow prosecution «except in exceptional cases», including for people with criminal records, will limit fines to 1,000 NIS and will not distinguish between first and repeat offenders.

Minors, as well as soldiers and policemen on compulsory service, will be excluded from decriminalization.

«As we promised the public, self-consumption of cannabis will not be considered a criminal offense,» he said. «The lack of policy in this area makes, in practice, many Israeli citizens criminals, violates the rights of the individual and undermines trust between citizens and law enforcement.»

In 2020, Avi Nissenkorn, the then Minister of Justice, has presented a plan that would have legalized recreational use, This project was shelved when the government collapsed and new elections were called.

MP Sharren Haskel, a member of Sa'ar's New Hope party, has advocated the decriminalization of cannabis. She heads a parliamentary committee working to streamline regulations which, she says, will «put Israel back at the forefront» of the industry.

In particular, it seeks to remove bureaucratic obstacles for scientists studying the cannabinoids, to relax export restrictions and allow CBD to be marketed to the general public.

She said that red tape «has stifled the whole market» and driven companies abroad. «It's almost impossible to have clinical research here in Israel».