Portugal: Parliament rejects two plans to legalize recreational cannabis

Last June, the Left Bloc (BE) and the PAN (Pessoas-Animais-Natureza) party had presented two separate bills to legalize recreational use cannabis. Their bills were debated last Thursday in the Assembly of the Republic and put to a vote the following day. Both were rejected by lawmakers but helped spark a debate on recreational cannabis in Portugal.

Bills

Although the bills differ in some respects, they share the common goal of legalizing the purchase, possession, use, and personal cultivation of cannabis for adults over the age of 18. The Left Bloc's Bill would allow the sale of cannabis in specialized establishments licensed by the relevant authorities. The sale of alcohol and edibles would be prohibited in these establishments. The National Action Plan, on the other hand, proposes selling cannabis in pharmacies. The prices and THC content of the products would be determined by the government. This is also the case in the PAN bill But the document specifies that, in the interest of competitiveness, they must be «lower than the average prices on the black market.».

Policies on plain packaging and marketing restrictions are outlined in both bills, as is a ban on consumption in certain public places. Both bills authorize personal cultivation: the BE bill allows up to five plants, and the PAN bill allows up to six plants. In both cases, 50% of tax revenue is allocated to addiction treatment, prevention, and anti-consumption programs. The BE specifies that the remainder will be devoted to the state’s social policies, such as the national health service.

During the debate, Moisés Ferreira, a representative from the Left Bloc, stated that «a responsible country does not let traffickers set the rules for production, access, and consumption» and that the illegality of consumption served as a «safe haven for traffickers.» In his view, legalization is a «responsible solution» because it promotes safety, health, and informed consumption. Despite these arguments and the support of some lawmakers from other parties, both initiatives failed. Some lawmakers felt the debate was rushed and criticized both parties for acting too hastily.

The results of the vote

So the vote took place on Friday. The results were inconclusive. The Social Democratic Party (PSD), the People’s Party (CDS), and the Communist Party (PCP) voted against it. The Socialist Party, meanwhile, showed mixed results: 25 members of parliament voted in favor, and 7 voted against. This is a relatively small number out of the 86 Socialist members of the Assembly. The majority of the party abstained from voting, arguing that the issue warrants further discussion. In their view, the issue of strategies to control consumption, in particular, should be addressed.

Socialist Representative Alexandre Quintanilha emphasizes the «precautionary» principle: «We would therefore like to be more cautious and take the time to gather more reliable data that will help us assess the impact of these measures with greater confidence.» However, this view is not shared by everyone in the Socialist ranks, including some Socialist activists had recently called for the legalization of recreational cannabis and the new leader of the Socialist Youth (JS) acknowledged on Friday that he intends to introduce a legislative initiative to legalize recreational cannabis and include it in the government's agenda.

The PSD voted against the bill because it opposes personal cultivation, but some lawmakers support the legalization of recreational use. Social Democratic lawmaker Ricardo Baptista Leite, sponsor of a motion presented a year ago at the PSD convention, in which he argued for the need to legalize recreational cannabis use, challenged the Left Bloc to withdraw its bill due to a lack of «serious technical debate » and to refine it in committee in order to remove the provision allowing individuals to grow cannabis. The PSD also stated that it «did not rule out the possibility of introducing an appropriate bill.».