PORTUGAL : Projet de légalisation du cannabis

par **jack1** » 02 Mar 2011, 12:28

source : http://www.yabiladi.com/consulats/consu ... 3,125.html

Bonjour,

C'est en anglais, mais cela donne une idée qu'un projet de légalisation
du cannabis est possible.
Car pour ceux et celles qui pensent qu'il est souhaitable, nécessaire,
urgent... Cela renforce leurs positions, et il faudrait regarder avec
plus d'intérêt les 12 propositions "Cannabis Sans Frontières".

Ne perdons pas de vue que l'Observatoire Européen des Drogues et
Toxicomanies est basé à Lisbonne, c'est donc là où l'information est la
mieux partagée en Europe que le Parlement national va débattre de ce
projet de loi. Après le débat parlementaire allemand qui a voté la
légalisation de la distribution contrôlée de l'héroïne pour des cas
spécifiques âgés de plus de 23 ans, on se demande quand le parlement
français réagira !

Bonne lecture,
FARId de cannabis-sans frontieres

DRAFT LAW (Bloco de Esquerda):
Legalize Cannabis for personal
Explanatory memorandum
Subject

This law defines the legal regime applicable to the cultivation,
consumption, acquisition, possession and trade liabilities, for
consumption personnel without medical prescription, the plant,
substances and preparations of cannabis.

Article 2. : Definitions

For purposes of this Act shall apply:
a) plant, substances and preparations of cannabis - the leaves and
leading flowers or fruit of the plant Cannabis sativa L.; resin
separate, crude or purified, obtained from the plant Cannabis spp;
separate oil, crude or purified, obtained from plant
Cannabis spp., Seed of the plant Cannabis sativa L., all salts these
compounds;
b) Purchase for personal consumption - where the quantity of plant,
substances and preparations of cannabis purchased not
exceed the amount needed for the average individual during the 30 days
in accordance with Ordinance No. 94/96 of 26
March;
c) cultivation for personal consumption - the number of plants cannabis
cultivation do not exceed the 10 units;
d) Possession for personal consumption - where the quantities of plant,
substances and preparations of cannabis do not exceed the values
identified for acquisition and growing.

Article. 3 : Nature of commitments
1 - The commitments under this law are transferable, can not be
transferred or used by others in any capacity.
2 - requests for authorization must include an indication of responsible
for development and conservation of records and updated
the fulfillment of other legal obligations.
3 - may only be granted permits to persons or entities whose holders or
representatives offer sufficient guarantees of suitability in accordance
with the requirements laid down in Article 7.'s Decree No. 61/94 of 12
October, and the verification guarantees for the maintenance condition
of the permit.
4 - In case of death, replacing the holder or change of firm, the
application for maintenance of the authorization shall be submitted to
authorities for approval within 60 days.
5 - The authorization will expire in the event of termination of
business or in cases mentioned in the previous paragraph, if not
required its renewal on time.
6 - The revocation of permits or the suspension up to 6 months, have
place as the severity, accidents occur when technical, removal, damage
or other irregularities likely to determine significant risk to health
or the supply of illicit market and in case of breach of obligations
that carry on the holder.

Chapter II / Consumption

Article 4. : Consumption
The consumption, cultivation, acquisition or possession for personal
consumption, of plants, substances or preparations of cannabis are not
illegal or criminal ordenacional back.

Chapter III / By retail trade
Article. 5 : Trade liabilities
1 - The term trade liabilities for sale of plants, substances or
preparations of cannabis at appropriate authorized and under the
conditions specified in this law.
2 - The municipal councils are the authority for issuing commitments for
the practice of trading liabilities.
3 - The application for authorization to practice trade liability is
requested the city council where you want to find the establishment,
following the procedures established for shopping and the provisions
contained in this diploma.

Article 6. : Features of the establishment for the practice of trading
liabilities
1 - The setting for the practice of trading liabilities shall be
principal activity is the trade in plants, substances or preparations of
cannabis.
2 - apart from the previous paragraph the shops whose main activity is
the sale of equipment, machinery and agricultural or similar plants,
where it is allowed to trade in cannabis seed.
3 - The establishment is prohibited the consumption and sale of
beverages alcohol.
4 - The establishment must be situated at a distance exceeding 500
meters of schools pre-school, primary and secondary.
5 - The establishment is prohibited the use of machinery and the
presence or other types of game.

Article 7. : Prohibition of advertising
1 - It is prohibited any form of advertising, advertising, sponsorship
and public use of trade name or trademark associated with the
establishment.
2 - The affixing of any mark, symbol or name commercial substances
provided for in point a) of Article 2..

Article. 8 : Trade rules
1 - For the works for the practice of trading liabilities is prohibited
the entry and presence of children under 16 and individuals who suffer
from mental illness manifests, and the sale or delivery of plants,
substances or preparations of the cannabis
them.
2 - The amount of the substance purchased by each individual can not
exceed the average individual dose calculated for 30 days as under
Ordinance No. 94/96 of 26 March
3 - The INFARMED define the rules that must govern the quality control
of substances subject to trade liabilities of order to prevent tampering
and other factors that may jeopardize public health.
4 - The labels on containers containing plants, substances or
preparations of cannabis intended for sale, have necessarily an
indication of the source, the amount in weight or proportion of the
substances contained, the effects and risks associated with consumption,
and name the international reported by the World Health Organization, in
addition to determined by other laws.

Chapter III / Production and wholesale trade

Art. 9 : Cultivation and extraction
1 - The INFARMED is the authority to authorize the activity of
cultivation of cannabis for purposes of trade, as envisaged in
this law.
2 - The cultivation of cannabis in quantity according to the purpose
exclusive of their own does not need permission.
3 - The authorization to extract alkaloids of cannabis for legal trade,
should be required to INFARMED.
4 - The wholesale trade of products resulting from the activities
provided for in paragraph 1 and paragraph 3 of this article or with the
import destination trade liabilities also requires authorization from the

INFARMED.

Chapter IV / Taxation

Article. 10 : Excise
With the approval of the state budget is established under the Code of
Excise, a tax liability of the trade plants, substances or preparations
of cannabis.

Chapter V / Monitoring and Surveillance

Article. 11 : Surveillance
1 - The National Institute of Pharmacy and Medicines supervising the
activities of cultivation, extraction and manufacturing, trade by
wholesale, distribution, import, transit, purchase, sale, delivery and
detention for the practice of trade liabilities of plants, substances or
preparations of cannabis.
2 - It is the town to supervise the sale or consumption of alcoholic
beverages, the use or presence of machinery and other
instruments of gambling, the entry or presence of children under 16 or
mentally ill manifest the presence of advertising,
advertising, sponsorship and public use of the mark on plants,
substances or preparations of cannabis in establishments
authorized trade liabilities, as well as advertising on these
establishments.
3 - For the purposes of the preceding paragraphs may, at any time be
made an inspection of enterprises, establishments or locations and be
asked to view the documents or records them.
4 - The infringements are reported to authorities jurisdiction, for
criminal investigation or for research and instruction
counter-ordenacional.

Article 12. : Participation urgent
1 - The removal or loss of plants, substances or preparations of
cannabis is as soon as known, reported by the
responsible for its custody to the police or the Ministry Public and the
National Institute of Pharmacy and Medicines.
2 - The participation referred to in the preceding paragraph shall also
be made in case of removal, destruction or loss of
documents or records required by this law.

Art. 13 : Unlawful criminal
1 - Who, without that it is authorized to proceed to trade in plants,
substances or preparations of cannabis, is
punishable with imprisonment from 4 to 12 years.
2 - If the illegality of this show is considerably reduced, given the
means, or how circumstances, action, quality or quantity of plants,
substances or preparations of cannabis is the penalty of imprisonment up
to 4 years or a fine up to 600 days.
3 - Who is acting in breach with the provisions of commitments,
unlawfully sell, introduce or ensure that others enter the trade plants,
substances or preparations of cannabis is punishable with imprisonment
up to 3 months or a fine penalty up to 30 days.
3.1 - Who cultivate plants, produce or manufacture substances or
preparations of various illegal in the way of authorization is
punishable under Chapter III of Decree-Law No. 15/93 of 22 January.
4 - The penalties provided for in the preceding paragraphs shall be
increased by a fourth in their minimum and maximum limits on the
situations in Article 24th of the Decree-Law No. 15/93 of 22 January.
5 - In case of punishment for the offense, revert to the State all
objects, substances, rights and benefits associated with the
infringement, intended for support of actions, measures and programs
prevention of drug abuse and support the implementation of
structures for consultation, treatment and social reintegration of addicts.

Article 14. : Counter-Ordinations
1 - The sale or consumption of alcoholic beverages in establishments
authorized to practice trading liability, under this diploma, is against
the ordinance punishable by a fine of 2,500 to 25,000 euros.
2 - The use or presence of machinery and other instruments in the game
establishments mentioned in the previous paragraph is contraordenação
punishable by a fine of 2,500 to 25,000 euros.
3 - The entry or presence of children under 16 or patients manifest in
mental institutions for trade liabilities is against the ordinance
punishable by a fine of 2,500 to 25,000 euros per individual, up to
10.0000 euros.
4 - Advertising, advertising, sponsorship and public use of trade name
or trademark associated with the establishment, well with the affixing
of any mark, symbol or name commercial substances provided for in point
a) of Article 2. out of which 25 is available in this law is punishable
by a counter-ordering fine from 500 to 10,000 euros.
5 - The sale of materials to the public exceeding the dose average
individual is calculated for 30 days against the ordinance punishable by
a fine of 25,000 euros to 25.00.
6 - The opposition to acts of surveillance or the refusal to show
documents required by this law, after warning the legal consequences of
the conduct in question is contraordenação punishable by a fine of 2,500
to 25,000 euros.
7 - The attempt is punishable.
8 - With the implementation of the fine may be imposed as sanctions
incidental to the repeal or suspension of license for the exercise of
their activity and prohibition of the exercise of profession or activity
for a period not exceeding three years.

Chapter VI : Transitional and Final Provisions

Article. 15 : The exemption
Are waived the provisions of Decree-Law No. 15/93 of 22 January, of Law
No. 30/2000 of November 29, Law No 47/2003 of 22 August and Decree No.
61/94 of 12 October in anything that contravenes this law, as well as
other provisions which are inconsistent with this scheme.

Article. 16 : Regulatory
The government regulates this law within 90 days from its entry into force.