Spain Will not See Medical Cannabis Regulations Until Next Elections

Uncertainty surrounds the regulation of medical cannabis in Spain as the government delays action until after the upcoming elections. With conflicting views among political parties, some point out the need for comprehensive legislation and budgetary provisions. Patient advocates express hope for progress in the next legislative term, emphasizing the importance of building law from scratch.

After months of delay from the government in Spain, the country’s Minister of Health confirmed that the regulation of medical cannabis would not occur before this month’s elections.

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Spanish PM Announces Early Elections, Delaying Report

In May, the new Spanish Minister of Health, José María Miñones, in his first appearance before the health committee of the lower house, promised to present the long-awaited document before the end of the month.

More than six months after the scheduled date for the report’s presentation, progress was once again interrupted when Spanish Prime Minister Pedro Sánchez announced early elections, resulting in the dissolution of parliament.

Speaking to local media last month, Mr. Miñones suggested that although he did receive the report from the Spanish Agency of Medicines and Medical Products (AEMPS) at the end of May, “it is true that with the electoral period, the parliamentary chamber is not functioning.”

“As soon as parliamentary activity resumes, my first commitment will be to submit this report and continue taking measures.”

Dissolution of Parliament in Spain Makes Progress Impossible

Mr. Bezanilla explained to Business of Cannabis that with the official dissolution of Parliament, it was no longer possible to pass new laws, and only a permanent committee of deputies remained for constitutional “emergencies.”

“We don’t have time to regulate cannabis during this legislature. The session period is over. Laws that were under review or in the working committee have become invalid.”

“Formally, for urgent or exceptional reasons, a government could approve whatever it wants by decree, such as a law on medical cannabis. In this case, the next parliament would vote on whether this decree is consolidated into law or, on the contrary, becomes invalid.”

Regulation at Risk With the Future Government

As speculations abound regarding the future of medical cannabis in Spain, Mr. Bezanilla states that it could be more promising than the current administration.

“The reality is that this government does not believe in medical cannabis and never had the intention to regulate it. Why would they do it now, in a rush, by decree, and in the midst of an election campaign?”

When asked if he believed the PP (People’s Party) would continue to advance projects for establishing a medical cannabis market in Spain, given that they had voted against the proposals last year, Mr. Bezanilla responded, “Yes, without a doubt.”

“This is a supranational issue. The European Union recommends it, and in the next four years, medical cannabis will be approved in Spain and the majority of European countries.”

“Furthermore, conservative parties have always been behind the adoption of laws in favor of patients and medical cannabis.”

“We have the governments of Santos in Colombia, Trudeau in Canada, Sharon in Israel, Merkel in Germany, and a long list of countries where Uruguay and Portugal – with progressive governments – have been the exceptions. That’s why we need to reassure patients.”

Conservative Victory Poses Risk to Cannabis Legalization in Spain

However, not everyone shares this position, particularly Albert Tió, president of the Federation of Self-Regulated Cannabis Associations of Catalonia (FEDCAC) and a Green Light Party member (Luz Verde).

He told Business of Cannabis, “I think that if conservative parties win the elections, it will be difficult to expect progress in the medical regulation project. And even if the PSOE (Spanish Socialist Workers’ Party) wins, we see the new Barcelona council saying they will try to close as many Cannabis Social Clubs as possible, so it’s really a step backward, and the future doesn’t seem very promising.”

“That’s why we are moving forward and trying to organize participation in legislative parliaments to attempt proposing legislative reforms from within.”

More Work to Be Done

If the new government in Spain maintains the project, it is clear that even with the AEMPS report, there is still a lot of work to be done. As Mr. Bezanilla explains, “even if the government urgently approves a cannabis law by decree, they would have no budget for its implementation, which would practically mean not having a law at all. Patients deserve much more.”

“In Spain, we don’t have a bill or a consensus text. An intention statement was approved by an information committee, and someone sold us the idea. The problem is that these intentions have not been very firm,” he continued.

“It is time to build a medical cannabis law from scratch. And we will have to do it through established parliamentary channels: we need to create a legislative commission on the subject, call on experts to provide information, propose a bill, pass this bill through the plenary assembly of the Spanish Congress for approval, then through the Senate, and finally sanction it as law and publish it in the Official State Gazette (BOE).”

“Fortunately, the elections in Spain are approaching. Then, it will be up to patients and businesses to start drafting a law from scratch. Science is on our side. Medical cannabis will be regulated during the next legislative term, that’s for sure.”

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(Featured image by Aleksandar Pasaric via Pexels)

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