Gag Law and Trafficking Law; the government’s “pincer” against cannabis smokers

(We are not criminals

…We are artists, lawyers, singers, parents, athletes, journalists, stylists, teachers, designers, advertisers, architects, sociologists, presidents, engineers, photographers, technicians, activists, carpenters, drivers, doctors, administrators, salespeople, scientists…

We are normal people like you and we are everywhere.)

Spain, one of the countries worst affected by the crisis, whose bigwigs brag to their political rivals of perceiving “green buds” at the end of the tunnel, is nonetheless one of the most reluctant countries to allow its citizens to enjoy dope consumption. Both on the other side of the Atlantic and in Europe, many government leaders have decided to leap into the 21st century, but in Spain the government is determined to making fines for cannabis consumption and cultivation stricter with its new Citizens’ Security Protection Law, also known as the “Mordaza” or “Gag” law.

While experience shows us, with ever more examples, that it is easier to regulate cannabis consumption than to persecute it, the Mariano Rajoy government seems resolute to carry on pushing further along the path of punishment and repression. Already in 2011, when the war on drugs, started by the United States’ president Richard Nixon, reached 40 years, the Global Commission on Drug Policy aimed towards a new line of action. “The war against drugs is being a failure; we cannot claim that it works”.

So conclusive did this committee show itself to be, a committee formed by ex-presidents from various governments, businessmen and celebrities from very different backgrounds, like Kofi Annan, Mario Vargas Llosa, Fernando Henrique Cardoso, George Shultz o Javier Solana, amongst others. Their proposal is a very long way away from the measures that, up to this date, most governments have applied.

Following this advice, countries like Uruguay, United States, Mexico or Argentina have decided to shift the route and put new strategies into practice to attack the black market and, consequently, extract their yield from a highly profitable trade. But not in Spain. In this country politicians prefer to increase the sanctions on those found in the middle of the street carrying ganja. It doesn’t really matter if it is for sale or for consumption. The minimum penalties, estimated with the previous law at 300 euros, will now be of 1,001 euros.

In the light of the issue, whether private consumption is legal or not is not a big deal. The law that the government expects to pass – and let us remember that they have absolute majority – also considers fines for those who have a marihuana plant in their house for self-consumption.

It is still not clear if a warrant will be necessary for the authorities to enter or if it is enough for a police agent to see the plant from the street, if it were on the balcony. In any case, anyone who has a ganja plant in their flat might have to scrape their pockets for fines that range from 1,001 to 30,000 euros.

And that’s not all. The executive also plans to modify the Road Traffic Act to impose sanctions to drivers that test positive. It doesn’t matter how much they might have consumed, whether they are passive smokers or not: the smallest amount of substance detected will be a reason for a fine.

(Responsible Regulation)

Return to the past

There seems to be no logical reason to row against the current, as the Rajoy Government is determined to do. Whilst the United States advances in giant leaps and in Latin America many countries are ready to seize power away from the cartels, Spain is going in the opposite direction. The country has also turned a blind eye to the measures adopted by its colleagues in the Old Continent.

By way of example, it is worth remembering that Switzerland de-penalized cannabis possession for personal use in October. Or that in the capital of Denmark, Copenhagen, an experiment is going to be initiated in which the city itself will be in charge of producing and distributing marihuana. Or the case of their Portuguese neighbours, that completely decriminalized ganja possession and consumption ten years ago. Even the events taking place in Germany, where 106 Penal Rights judges have signed a manifesto in favour of decriminalization of cannabis.

And it is not only about moving forwards, but about the fact that the government is obliging any institution to step back, even those who, on their own initiative, have demonstrated that it is possible to advance. With the new “Gag Law”, stopping the regulation processes started by the Cannabis Social Clubs in Catalonia and the Basque Country is also being attempted. These autonomous communities have tried to take one step forwards from the state legislation and fill up the existing legal vacuum by following the guidelines demonstrating that regulation is more effective than persecution.

Our bigwigs are eager to continue along a path that leads us nowhere. Whilst the Caribbean governments seek their slice of the cake by taking advantage of the natural resources available, recognizing smoker’s rights and wresting capacity for action from the cartels, in Spain the roadmap is the opposite. Rights are being removed from cannabis consumers and, instead of pursuing and seizing the profit that the black market sales generate, they seek to fatten the state’s coffers with the cannabis consumer’s money.