Context: see also our report on the presentation of this bill in Congress and our guide to the current legal status of cannabis associations.

Explanatory memorandum

I Seeking solutions to the problems caused by cannabis prohibition means being consistent with policies based on effectiveness and respect for individual rights and freedoms. There are many arguments for, and very few against, changing an unjustified situation that has lasted far too long. Cannabis (Cannabis sativa L.) is a plant widely known in Spain, where more than a third of the population, that is, over seventeen million people, have used it at some point and around one million people use it every day, according to the latest EDADES 2019/20 survey of the National Plan on Drugs (PNSD). It is therefore a plant that a large part of the population lives with every day and that is fully integrated into our society, culturally and economically. Reversing the prohibitionist approach based on highly punitive control of the cannabis plant, its flowers and its active ingredients is a debt still owed to society, which would benefit by avoiding:

The waste of public resources.
The spread of increasingly violent criminal groups.
The impact on electricity bills of the energy stolen on a massive scale for illegal cannabis cultivation, and the resulting uncontrolled carbon footprint.
The systemic corruption linked to drug trafficking.
The creation of shadow economies and job insecurity tied to illegality.
The loss of economic opportunities compared with other countries where cannabis is already a strategic sector.
The overloading of the courts and the prison system.
The ineffectiveness of enforcement, reflected in an exponential increase in seizures of cannabis products year after year, despite prohibition.
The extreme violence concentrated in certain places, such as the entry points of international drug trafficking or the marginalised and isolated areas of large cities.

We cannot ignore that this situation is particularly severe for consumers, who unfairly suffer:

Self-imposed guilt for doing something that is legally prosecuted.
Court convictions, often arbitrary, since there are no uniform criteria on the limits of what is or is not an offence.
Social control for using a substance shown to be less harmful than others that are lawfully sold and on which the State collects millions in taxes.
Disproportionate fines of at least six hundred euros, imposed for carrying cannabis products for personal use, even though this conduct harms no one.
The development of stereotypes and social prejudice, made worse by the stigmatisation and ridicule of consumers.

Weighing all these arguments carefully, it is hard to understand why most political representatives have still not been willing to debate this issue seriously, often resorting to demagoguery, misinformation and sometimes even lies, and repeating the same arguments that have been shown to be false when looking at the reality of places that regulate the full cycle of the plant.

One of the most common arguments against regulating this market is that cannabis use will soar. In a country with more than 3.5 million regular users, according to the EDADES survey, we can conclude that, despite current prohibitionist laws, anyone who wants to obtain this substance in Spain can already do so quickly and fairly easily. In fact, according to the same survey, 60% of the population consider it easy or very easy to obtain cannabis today. Even more significant is that the percentage of users has kept rising since 1995 (from 15% to 38%), even though administrative penalties were tightened during this period with the 2015 update of the Public Security Act.
The second most common argument is that regulation would lead large numbers of minors to use cannabis. According to the 2020 Report of the Spanish Observatory on Drugs and Addictions, part of the Ministry of Health, over the same period (1995 to 2020) the percentage of minors aged 14 to 18 who have used cannabis rose by 12 percentage points (from 20.9% to the current 33%), showing that prohibition does nothing to limit their access to cannabis. This argument is further undermined by the fact that, today, it is harder for a minor in Spain to buy alcohol than cannabis, while in places where cannabis has been regulated, such as Uruguay and Canada, use among minors has fallen. This is because in those countries access to cannabis has become harder, as illegal dealing has been replaced by licensed dispensaries that require age checks, and these outlets will not risk losing their licence or facing heavy fines for selling to minors.
Another argument is that regulation would lower the perceived risk of use. This is unfounded, since today, without any kind of control, people who obtain this substance lack the information they need about its potential risks and harms, whereas a regulated market would provide information before use.

A good way to understand all these arguments is to compare what it means for a consumer to buy cannabis through a regulated market or from a dealer. A dealer never asks for ID to check whether you are a minor, does not inform you of the potential risks and harms of cannabis use and, of course, does not care whether what they sell is spoiled or adulterated. After sixty years of prohibition the plant is so stigmatised that even committed people who defend freedoms, rights and social justice have been criticised on the basis that cannabis cannot be used responsibly and that it will dull their fighting spirit and their stand against injustice. Opponents of regulation, whatever their arguments, can drink large amounts of alcohol to the point of intoxication, without any limit, in any of the more than 275,000 bars and restaurants in Spain, according to the National Statistics Institute (INE): one for every 175 inhabitants. This situation is completely normalised and enjoys social consensus and acceptance, despite the obvious harm it causes. In these bars and restaurants, which rely mainly on the sale of alcoholic drinks permitted by the State and embedded in our culture, society and traditions, alcohol consumption is even glorified and flaunted. Nor do these establishments guarantee the protection of minors, who often go into them, see alcohol being drunk and thus normalise it from an early age. All this is allowed even though the effects of alcohol are objectively more dangerous than those of cannabis. A study published in The Lancet in November 2010 on the harm that legal and illegal drugs cause to users and those around them, entitled “Drug harms in the UK: a multicriteria decision analysis”, ranked alcohol first out of 20 substances, followed by heroin, with tobacco sixth and cannabis eighth. These arguments are not meant to call for alcohol to be banned or to stop people socialising as they see fit. The point is that, just as with alcohol, cannabis can be used in a controlled and responsible way. This is made extremely difficult by its illegal status: for example, it is impossible to know whether what is bought illegally is contaminated, or simply how strong its effects are, unlike alcohol, which we know has passed health checks and whose strength we know. This unequal treatment of the two substances, with no objective basis, cannot be defended from any serious and reasonable standpoint.

II The purpose of this law is to regulate cannabis products responsibly, learning from the mistakes made in regulating alcohol and tobacco. The etymology of the Spanish word for ‘regulate’ means to set rules for or put something in order; to lay down a rule, law or precept to which something must conform or adapt. This law does not seek to create new markets or make money where it was not possible before. It seeks to make the transition to a regulated market and to bring order to all the activities linked to the plant that are illegal today, leaving no one out, and to tackle once and for all a social and economic problem with the greatest possible rigour and safety. The cannabis market is a reality and turns over billions of euros a year. There is a fully functioning chain of production, transport and distribution of this substance, but it operates completely informally, without any control, and in a way that allows criminal groups to operate illegally and grow rich. With this law we take on the historic responsibility of addressing this phenomenon, offering the greatest guarantees to society as a whole and, as far as possible, generating resources that benefit its well-being. Regulating the cannabis market will, first of all, help minimise risks through regulated access to cannabis and controls on the traceability and quality of its products. It will generate enough resources to develop programmes informing people about its risks and harms, as well as strategies to prevent and reduce them. It will also greatly help to relieve the heavy burden on the police and the courts. This need to regulate also comes at a favourable moment. As the latest data from the CIS (Centre for Sociological Research) show, 49.7% of the Spanish population support regulating cannabis for adults. These percentages increase with every survey, showing that the public has long understood the phenomenon and its possible solution.

III In addition, one of the main reasons for regulating the substance is the untenable situation of consumers, home growers, cannabis social clubs and companies producing and selling non-psychoactive cannabis. Likewise, tens of thousands of patients whose conditions could be treated with cannabis find that access to these treatments is still not regulated today.

Cannabis use is considered illegal under the 1967 Narcotic Drugs Act, which only permits the use of narcotic drugs prescribed by a doctor and dispensed in a pharmacy. While this is true, it is also true that in people’s private sphere, such as their home or similar spaces, use is not punishable, despite being illegal.

On this basis, it makes no sense to penalise possession of cannabis for personal use in public places when use in private is not punishable. This causes serious problems for consumers who wish to use it privately. The penalties for possession under the Organic Law on the Protection of Public Security are immoral, imposing fines of at least six hundred euros. In the current socio-economic context these fines can put anyone in serious financial difficulty, and they are also incomprehensible, as they are imposed simply for carrying a substance, discreetly, hidden and in private.

Home growing of cannabis is an activity fully integrated into our society. Many people grow cannabis privately for their own use. Although this conduct has no criminal consequences and is not punishable, provided it takes place in places not visible to others, it is not properly regulated. Home growers have no clear guidelines or limits to follow.

In practice, most of the time a cannabis crop is detected, it is presumed to be intended for trafficking. It is the home grower who must defend themselves and prove that the crop is not for supplying others but for their own use. This is made even more complicated by the lack of uniform criteria in the courts: for the same facts and identical quantities there are both convictions and acquittals. The legal uncertainty this creates has not been resolved by case law. It is therefore essential to put an end to this arbitrariness and to unequal interpretations of identical facts, as it violates the principle of equality enshrined in the Constitution.

Cannabis Social Clubs emerged in the late 1990s so that their members could supply themselves in a controlled way. One of their aims is to break away, through their own production, from cannabis products sold on the informal market.

These organisations had operated relatively normally since they first appeared, backed by various court rulings despite not being regulated. In 2015 this changed when the Supreme Court ruled for the first time on the legal status of their activities, in judgment 484/2015 of the Full Chamber of the Supreme Court, concerning a Cannabis Social Club operating in Bilbao. That judgment closed the door on the self-organisation of consumption as it had worked for more than fifteen years. Aware of the conflicting interpretations of the legal status of cannabis social clubs’ activities by different courts in the past, the Supreme Court chose on that occasion to moderate the criminal penalty. In doing so, it sent all these organisations a clear message, in the form of an ultimatum, that their activities were illegal, that its position was now clear and that heavy sentences could follow if they kept operating, which is what eventually happened. In this situation, only regulation such as that proposed in this law will provide a solution for cannabis social clubs.

The cultivation of industrial hemp for its flowering tops with low levels of tetrahydrocannabinol (THC), also known as non-psychoactive cannabis, has expanded strongly worldwide.

In Spain, the Spanish Agency of Medicines and Medical Devices (AEMPS) takes a clearly restrictive view of whether it may be produced and sold. The AEMPS interprets the international control conventions strictly literally, arguing that the plant’s flowering tops are under international control whether or not they contain THC. This interpretation seriously harms growers and companies that want to work with these products, and it is objectively highly questionable. With it, the AEMPS is telling us that something is prohibited because of its ‘form’ and not because of the effects it may cause, which in this case are none, as these flowering tops have no psychoactive potential. While it is true that the Single Convention on Narcotic Drugs of 1961 placed the flowering tops of the cannabis plant under control, it is also true that when the drafters had the chance to control cannabinoids in the Convention on Psychotropic Substances of 1971, they only controlled THC and its stereochemical variants. This argument was used by the Court of Justice of the European Union (CJEU), which delivered a ruling on 19 November 2020 clarifying a similar question concerning extracts of the cannabis plant (also controlled under the Single Convention of 1961, like the flowering tops). The Court, whose rulings are binding on Spain, stated that related international conventions cannot be interpreted literally and in isolation, but must be read together, examining how they interact. In that case the Court held that cannabis extracts are only controlled if they contain the controlled active ingredient, THC; therefore any extract containing other cannabinoids such as cannabidiol (CBD), cannabigerol (CBG) or cannabinol (CBN), among others, that does not contain THC cannot be considered controlled. The same reasoning should apply to flowering tops: like extracts, flowering tops are controlled, and just as only extracts containing THC are controlled according to the CJEU, only flowering tops containing THC should be regarded as controlled. This context leads to many absurd situations for farmers, processors and sellers of industrial hemp flowering tops, with huge amounts of public resources spent on prosecuting conduct that cannot cause psychotropic effects. This causes very significant economic harm, and other European countries interpret the same rules in a more flexible, reasonable and consistent way, allowing hemp flowering tops to be sold. The countries where this activity is considered lawful are positioning themselves in the sector.

Patients’ access to cannabis for medical and therapeutic purposes is another situation that must be addressed. Although this area needs specific health regulation, separate from that proposed in this law, it is worth highlighting the vulnerable position of thousands of patients with various conditions in Spain. Many of them know first-hand how effective cannabis and its derivatives are, yet the plant’s illegality makes access to it complicated and even dangerous. Because there are no official, legal channels to obtain the plant, many patients are exposed to the dangers of the black market if they want relief for their conditions, using substances without any health controls.

First of all, for decades cannabis was listed in Schedule IV of the Single Convention on Narcotic Drugs of 1961, alongside far more dangerous substances with no therapeutic value. This in practice limited any significant progress in research into its well-known medicinal properties and prevented health professionals from recommending or using it for any condition through official channels. Recently, in December 2020, the Commission on Narcotic Drugs, the UN’s policy-making body on drugs, recognised the therapeutic properties of the plant, removing it from Schedule IV so that it is now listed only in Schedule I, which covers narcotic drugs that require control because of their psychoactive potential but may be available for medical uses. This opens the door to cannabis research and makes it easier for more health professionals to address its medical uses, although in Spain patients have still not been given access to these treatments. It is a flagrant contradiction that the very laws theoretically designed to protect public health are, in this case, the ones that prevent its protection and undermine the right of patients and their families to quality of life. The State has a duty to protect these people, who also often suffer stigma for using cannabis. To do so, it is essential to guarantee regulated access to cannabis for medical use, as neighbouring countries such as Germany, Denmark, Italy, Greece and Portugal, among others, have already done. The situation is incomprehensible given that Spain has developed a system of licences for medical cannabis production and research managed by the AEMPS, but patients have still not been given access. Regulation of access to medical cannabis through the public health system, as with any other medicine, is urgently needed through a separate law, distinct from this bill. Despite all these incomprehensible situations, civil society has found it very hard to convince its political representatives that the time has come to take the step and that regulation must come now.

IV The fight for cannabis regulation in Spain has been a long one, taking a heavy toll on those who have championed it. It has grown exponentially in intensity over the last ten years in response to the equally exponential rise in repression of everything surrounding the plant. As explained above, the starting gun for this increased repression was fired in 2015, when the legal viability of one of the few spaces of tolerance around cannabis, the Social Clubs, came to an end. The response of the cannabis social movement, highly fragmented but with almost identical aims, was to promote various initiatives calling for regulation to be studied. Initially these proposals sought to regulate home growing and cannabis social clubs, but over time, and as other approaches were included, they evolved towards broader proposals. As a result of all this coordination, by September 2021 as many as seven initiatives had been promoted at national level and fourteen in various regional parliaments, in addition to two others already put forward in regional chambers:

Two regional popular legislative initiatives, “Tu Papel Importa” in Navarre and “La Rosa Verda” in Catalonia.

One national popular legislative initiative, “Tu Papel Importa”.

Twelve non-legislative motions, motions and plenary statements in Murcia, La Rioja, the Canary Islands, Extremadura, the Valencia region, Castile and León, Cantabria, Asturias, Andalusia and two in Madrid.

Two parliamentary study committees, in the Balearic Islands and the Basque Country.

Five national non-legislative motions tabled in the Cortes.

One bill in the Senate.

Despite this reaction from civil society, reflected in all these initiatives in regional and national chambers, in most cases the issue was never debated in depth. Where it was, as in the parliamentary study committees in the Basque Country and the Balearic Islands, or the regional popular legislative initiatives in Navarre and Catalonia, they had no legal effect. The processes in the Basque Country and the Balearic Islands did not result in laws. Where laws were passed, as in Navarre and Catalonia, they went nowhere because the Constitutional Court struck them down on the grounds that they encroached on the powers of the State. This bill therefore builds on the work of the many organisations that, for so long, with great effort and few resources, fought to expose the ineffectiveness of prohibition, proposing solutions in the face of their governments’ inaction. It would therefore be unfair not to name them in this explanatory memorandum: Representación Cannábica de Navarra, Regulación Responsable, Red Estatal de Mujeres Antiprohibicionistas, Observatorio Europeo de Cultivo y Consumo de Cannabis, Observatorio Español de Cannabis Medicinal, Grupo de Estudio de Políticas sobre el Cannabis, Fundación Renovatio, Fundación ICEERS, Confederación de Asociaciones Cannábicas, ARSEC, AMEC, and the regional federations of cannabis associations: MadFAC, GalFAC, FedCAC, FAC Sureste, FACSur, FAC Levante, FAC Illes Balears, FACCyL, FACex, FAC Canarias, EusFAC, CatFAC, AraFAC and AsturFAC. And especially the Podemos Cannábico Sectoral Circle.

V But cannabis is not only a plant for those who defend the regulation of its use. Its cultivation has been recorded for thousands of years in different parts of the world; every civilisation that has used it has done so because of the countless applications of both its fibres and its seeds. Cannabis fibres have many industrial uses, including paper and textile manufacturing, applications in construction and the automotive industry, and the creation of new materials. Its seeds are used in the food industry for their vegetable protein and the oil derived from them. Cannabis grown for industrial purposes offers a very interesting alternative to other less efficient crops. It is a perfect crop for poor soils, since its root system can grow in soils without nutrients, aerating the ground and controlling erosion, cleaning contaminated soils by removing heavy metals and absorbing atmospheric CO2 (hemp can absorb 5,319 kilograms of CO2 per hectare).

VI The international drug control regime rests on three international treaties promoted by the United Nations: the 1961 Vienna Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Over these 60 years, these three treaties have led every government, police force and law enforcement agency in the world to pursue everything they consider an illegal drug. It should be remembered, however, that these conventions have allowed countless legal drugs. At the same time, continuous and growing demand for all these substances has fuelled the growth of a huge illegal market, dominated and driven by a voracious black market on which thousands of criminal groups have fed until they can even compete in resources with some of the States where they operate, creating problems and challenges far greater and more complex than those caused by the substances themselves. For all these reasons, governments around the world now face increasingly complex challenges in deciding how to respond to the problems caused by illegal drug markets and drug use in their territories. Policymakers in many countries, especially those most directly affected by production in their territories, such as Latin American countries, have concluded that the traditional ‘war on drugs’ approaches have neither eradicated illegal markets nor significantly reduced levels of use. As a result, many of these countries have been forced to change strategy, moving from a prohibitionist paradigm to one that regulates these markets. This has led to a kind of reinterpretation of the whole control regime, as seen at the United Nations General Assembly Special Session on the World Drug Problem (UNGASS) held in New York in April 2016. The outcome document adopted at that session, entitled “Our joint commitment to effectively addressing and countering the world drug problem”, openly accepted flexible interpretations of the Treaties and national solutions other than prohibition to tackle the drug problem. Particular attention should be paid to the document’s statement that the three Treaties “allow for sufficient flexibility for States parties to design and implement national drug policies according to their priorities and needs”. Proof of this new approach, far removed from the old ‘Vienna consensus’, is that at no point did UNGASS condemn or reproach countries that regulate the full cannabis cycle for adults, from production to consumption, in shops, consumer associations or through home growing, either nationwide, like Uruguay and Canada, or in some of their territories, like the US states of Alaska, Oregon, California, Washington and Colorado, among others.

VII In view of all the above, there are more than enough reasons for the State, within its powers, to regulate the cannabis market through this law, bringing order and responding to society as a whole in the face of the challenges posed by the use, production and trade of cannabis by adults. This law consists of 111 articles, arranged in a preliminary title, 16 titles, four additional provisions, one repealing provision and six final provisions. The preliminary title contains general provisions on the purpose and scope of the law, legal definitions and its guiding principles. Title I sets out what is lawful regarding possession, consumption, means of access and the various activities covered by the law. Title II deals with the Spanish Agency for the Control of Comprehensive Cannabis Regulation (AECRIC), its structure, composition, administration and powers. Title III deals with the Comprehensive Cannabis Regulation Control Software (SoftCRIC), the tool for monitoring all the activities covered by the law. Title IV sets out the general limits of the law. Title V introduces strategies to inform people about the risks and harms of cannabis use. Title VI regulates the means of access through self-management and cooperative management. Title VII lays down general provisions on the licensing system of the regulated cannabis market. Title VIII regulates licences for access to cannabis products. Title IX regulates licences for the production of cannabis products. Title X regulates other licences in the regulated cannabis market. Title XI regulates import and export in the regulated market. Title XII regulates the advertising, promotion and sponsorship of cannabis and its derivatives. Title XIII lays down tax measures and the collection and management of the Special Tax on cannabis products. Title XIV sets out general and specific rules on offences, and Title XV deals with the special penalty regime. Finally, Title XVI is devoted to the penalty procedure and the power to impose penalties. The additional provisions cover amendments to Law 17/1967 of 8 April updating the rules in force on narcotic drugs and to Law 28/2005 of 26 December on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, the creation of specific tax headings, lawful acts, cases and activities, the law’s place in the legal system, its nature, the constitutional basis of competence, authorisation for the Government to implement the law, the budget changes needed to implement it, implementing regulations and entry into force.

PRELIMINARY TITLE: General provisions.

Article 1. Purpose.

The purpose of this law and its implementing regulations is to establish, within the powers of the State, a legal framework for the comprehensive regulation of cannabis products, from production and processing to final consumption, specifically for: a) The consumption of cannabis products and access to them by adults with full legal capacity. b) The regulation of the full cycle of cultivation, production, extraction and processing of cannabis products. c) The regulation of the dispensing and sale of cannabis products. d) Limits on the purchase, dispensing, possession and consumption of cannabis products. e) The administrative regime of control, offences and penalties. f) The establishment of an administrative body to control the regulated market for cannabis products, its characteristics, composition, functions and control tools. g) The system of fees for licence applications and the tax measures to be applied to cannabis products. h) Proposals for educational and preventive action for adults. i) Systems for following up, evaluating and monitoring this law and its implementing regulations. j) All other matters regulated in this law and its implementing regulations.

Article 2. Scope.

The provisions of this law shall apply throughout the national territory, without prejudice to the powers of the Autonomous Communities and local authorities for its proper development, implementation and application.

Article 3. Definitions.

For the purposes of this law:

AECRIC: acronym of the Spanish Agency for the Control of Comprehensive Cannabis Regulation, the body created to implement, supervise and control the regulation proposed in the law.
AEMPS: acronym of the Spanish Agency of Medicines and Medical Devices. This body, part of the Ministry of Health, is responsible for guaranteeing the safety, efficacy and correct information of the medicines and medical devices marketed in Spain.
Self-supply: all activities carried out by an individual or a cooperative cannabis social club aimed at producing cannabis products for their own consumption or that of their members.
Home growing: growing cannabis for the personal consumption of the grower or a small number of up to five people living together.
Cannabis social clubs: associations that have operated from the late 1990s to the present day, created to establish, without regulation, cannabis self-supply chains for their members, on the basis of the Supreme Court case law on shared consumption.
Cooperative cannabis social clubs: non-profit associations that supply cannabis products among their members, as provided in this law. Cannabis consumption is permitted on their premises within the limits set by this law.
Licensed cannabis social clubs: companies authorised to supply their customers with cannabis products from their own production or purchased from companies holding cannabis production licences. Cannabis consumption is permitted on their premises within the limits set by this law.
Cannabis: flowering tops of the Cannabis sativa L. plant.
Non-psychoactive cannabis: flowering tops of the Cannabis sativa L. plant with a total THC concentration below 1%.
Cannabinoids: the various chemical compounds found in the cannabis plant and exclusive to it.
Hemp: Cannabis sativa L. plant with THC concentrations below 0.3% (in Europe), usually grown for its seed or fibre. The sale of its flowering tops has also become widespread.
CBD: cannabidiol. Non-psychoactive phytocannabinoid found in the cannabis plant.
CBN: cannabinol. Non-psychoactive phytocannabinoid found in the cannabis plant.
CBG: cannabigerol. Non-psychoactive phytocannabinoid found in the cannabis plant.
Unique code: the unique identification number that every cannabis product registered in the regulated market will have. This identification makes it possible to know the traceability and information relating to the cannabis product from production to sale to the final customer.
Advisory council: body whose main function is to advise the Directorate General and the Board of Directors of the AECRIC.
Combustion consumption: use of cannabis products by burning them.
Personal consumption: any consumption which, by its quantity and frequency, is considered personal use as established in this law.
Vaporised consumption: use of cannabis products by vaporising them.
Outdoor cultivation: cultivation of cannabis plants that mainly relies on sunlight to grow. It also includes cultivation in greenhouses, even with occasional artificial light at certain stages of growth.
Indoor cultivation: cultivation carried out inside indoor facilities using only artificial light, in which all climatic and environmental variables are controlled.
In vitro cultivation: cultivation of plants in which, by placing a portion of the cannabis plant (leaf, stem segment, etc.) in a sterile nutrient medium, one or many identical plants are regenerated, guaranteeing the absence of germs and controlling all factors affecting their growth.
Decarboxylation: process by which the acid forms of phytocannabinoids are converted into their neutral forms.
Directorate General: governing body of the AECRIC, responsible for implementing this law and its implementing regulations and for ensuring comprehensive cannabis regulation in line with the guiding principles of this law.
Dispensing of cannabis: activity carried out by cooperative cannabis social clubs consisting of delivering forecast consumption quantities of cannabis products to their members.
Cannabis dispensaries: companies authorised to supply their customers with cannabis products purchased from companies holding cannabis production licences.
Distributors of cannabis cultivation products: companies engaged in the wholesale of cannabis seeds and all kinds of products for growing cannabis.
Cuttings: agricultural term for the reproduction of plants by cutting a piece of the stem and placing it in a substrate where it can develop roots and grow as a new plant, keeping all the characteristics of the mother plant from which it was cut.
Consumption spaces: spaces authorised under this law for the combustion or vaporised consumption of cannabis products in cooperative cannabis social clubs, licensed cannabis social clubs or cannabis consumption lounges.
Scientific evidence: validated, verified and available data from scientific research.
Cannabis extractions: all actions aimed at separating the active ingredients from the rest of the plant material of the cannabis plant. Cannabis extractions may be carried out using mechanical techniques or solvents.
Mechanical extractions: techniques for extracting the active ingredients of the cannabis plant, mainly from its flowering tops, without using any solvent.
Grow shops: shops selling cannabis seeds and all kinds of cannabis cultivation products to final customers.
Special tax: special, graduated tax rate levied on cannabis products.
Botanical research: all activities aimed at developing knowledge of the cannabis plant through innovation, development and research projects.
Quality control laboratories: laboratories authorised to carry out analytical and quality control of cannabis products before they are put on sale in the regulated cannabis market.
Law: Law on the Comprehensive Regulation and Control of Cannabis for Adults.
Starting genetic material: cannabis seeds, seedlings, cuttings, in vitro material and mother plants intended for the production of cannabis for adult use as provided in this law and its implementing regulations.
Plant material: all the organic material of a cannabis plant.
Minor: person under 18 years of age
Informal market: the cannabis market that currently exists, which is unregulated and illegal.
Regulated market: market regulated and controlled by the State, with its own control and management mechanisms, which generates resources that benefit society as a whole.
PNSD: acronym of the National Plan on Drugs, a body within the Ministry of Health that coordinates and strengthens the drug policies carried out by the various public authorities and social organisations in Spain.
Mother plants: cannabis plants that have developed in the vegetative stage but not yet reached flowering, from which cuttings are taken that will later become individuals identical to the mother plant.
Cannabis plant: the whole Cannabis sativa L. plant.
Seedling: cannabis plant in its first stages of development, from germination until the first true leaves appear.
Electrical power: total power needed for the proper development of a cannabis crop.
Lighting power: electrical power needed to meet the lighting needs for the proper development of a cannabis crop.
Universal prevention: prevention aimed at the whole population through programmes, actions or messages designed to prevent the start of use, delay the age at which use and abuse begin, or reduce the overall prevalence of alcohol, tobacco and other drug use. Its mission is to stop substance abuse from starting and to give individuals the information and skills they need to prevent the problem.
Selective prevention: prevention aimed at groups exposed to various drug-related risk factors.
Indicated prevention: indicated programmes and actions are developed after identifying individuals who show early signs of serious problems associated with the use of psychoactive substances (but not DSM-5 dependence criteria), as well as other behavioural problems. The target population of indicated prevention has substance abuse or dependence disorders at a subclinical level, which are often still subject to behavioural variation.
Consumption forecast: estimate of the consumption of cannabis products made by the members of a cooperative cannabis social club for a specific period. The sum of all members’ consumption forecasts gives the target quantity the organisation must produce to meet this demand.
Cannabis products: any product derived from the cannabis plant for consumption by any method or route of administration.
Products made with cannabis: products made from flowering tops or cannabis extracts for consumption by routes other than combustion or vaporisation.
Promotion, advertising or sponsorship: commercial actions aimed at directly or indirectly promoting the consumption of cannabis products.
Risk and harm reduction: practices and policies aimed at reducing the negative effects of cannabis use and lowering the potential risks associated with certain consumption practices.
Special registers: registers created by and attached to the AECRIC, designed to include and organise complete information on the legal entities holding the licences regulated in this law and its implementing regulations.
Central Register of Offences against the Law on the Comprehensive Regulation and Control of Cannabis for Adults: special register created by and attached to the AECRIC solely for the purpose of assessing repeat offending in the commission of offences defined in this law.
Special register of micro-producers: special register created by and attached to the AECRIC to include the cooperative members of micro-producer cooperatives.
Comprehensive regulation: regulation of the adult-use cannabis market covering all related activities and aspects.
Cannabis consumption lounges: areas authorised in accordance with the requirements of this law for the consumption of cannabis products by combustion or vaporisation by adults.
Flowering tops: part of the cannabis plant where most of its active ingredients are concentrated.
Micro-producer cooperative: cooperative societies authorised to sell centrally the cannabis produced by their members in accordance with the requirements of this law
SoftCRIC: Comprehensive Cannabis Regulation control software designed to monitor, report on and supervise all activities of the legal entities holding the licences regulated in this law and its implementing regulations.
Solvents: liquid or gaseous substances capable of dissolving the active ingredients in the cannabis plant, mainly in its flowering tops.
Terpenes: organic compounds in the cannabis plant responsible for its different smells and flavours.
THC: delta-9-tetrahydrocannabinol. The main psychoactive compound in cannabis.
Total THC: the sum of the decarboxylated form and the decarboxylated acid form of the cannabinoid THC.
Traceability: procedures that provide complete information on the production cycle of cannabis products, from the start until delivery to the consumer.
Stereochemical variants: molecules with the same molecular formula but whose atoms are arranged differently.
Genetic conservation area: growing area for the conservation and reproduction of starting genetic material intended for growing cannabis as provided in this law and its implementing regulations.

Article 4. Guiding principles of the law.

The guiding principles of this law are the following:

Inclusion of the whole of society: any law on the comprehensive regulation of cannabis must take into account everyone in society and not only consumers. These measures must cover all social actors and guarantee simple and transparent access to the system for society as a whole.

Transition to the legal market: this law promotes integration measures for the part of society that has historically been discriminated against by these laws and focuses on correcting these imbalances. While taking a global view, these changes must focus on vulnerable groups and guarantee and prioritise their transition to the regulated market in a simple and realistic way. To this end, the law is based on the different realities that exist in Spain regarding cannabis production and distribution, seeking to include all these realities and actors in their transition to the regulated market.

Sustainability: this law is designed with long-term sustainability in mind, a concept absent from the informal market. All political decisions on cannabis will be aligned with national sustainable development and environmental guidelines and strategies, drawing on cannabis regulations already implemented elsewhere in the world, where the carbon footprint of indoor cannabis cultivation is very significant. The law will restrict large-scale indoor production to renewable energy and will encourage outdoor or greenhouse cultivation through tax advantages and lower fees.

Gender equality: a priority objective of this law is to prevent and change historical gender inequalities, always to the detriment of women, which are even more pronounced in drug policy. To this end, it will ensure that all spaces for the distribution and consumption of cannabis products are safe for women and other gender identities. Involving women in decision-making will be a priority. The structural disadvantages linked to sexual orientation and identity, race and social class will also be taken into account.

Wealth creation and defence of labour rights: the circuit for the production, distribution and supervision of cannabis products created by this law will involve a wide range of paid professionals. Through the creation of new jobs and the collection of various fees and taxes on these activities, significant resources will be generated that will improve the quality and social protection of jobs in the sector. Priority will also be given to the transition of people who worked in the informal market to the regulated market, combating the stigma caused by the insecurity inherent in illegal work.

Rural development: this law will prioritise rural development through tax exemptions and lower fees for cannabis cultivation in sparsely populated areas, in order to boost their economies, combat depopulation and encourage potential workers to move there.

Promotion of research: by regulating cannabis production, innovation, development and research on the plant and its agro-industrial applications will be facilitated and promoted. Free access to all validated scientific information and evidence will also be made available to society as a whole.

Information on the risks and harms of cannabis use: starting from the premise that cannabis is not a harmless substance, this law will protect the health of adult consumers of cannabis products by informing them of the risks and harms associated with its use and of strategies to prevent and reduce them. To this end, it will work with national, regional and local bodies, developing, promoting and implementing preventive campaigns and strategies. All action will be based on clear methodological foundations and on information grounded in scientific evidence and similar experience gained in other regulatory contexts.

Monitoring: this law will have tools for continuous monitoring and evaluation of its legal application and the achievement of its objectives, allowing parts found to be ineffective to be corrected or adapted. This monitoring will establish a set of objective indicators on which decisions about possible changes to the law can be based.

International legal compliance: this law is drawn up in the light of the possibility for States to interpret the Treaties flexibly and to implement different national solutions to the cannabis problem in accordance with their priorities and needs, in line with the International Human Rights Treaties to which Spain is party, as other States have done where cannabis has been fully or partially regulated in their territories, such as Canada, Uruguay, the United States and the Netherlands, among others.

Control and supervision: this law is characterised by strong State control. It creates an Administrative Body to strictly supervise all activities of the various operators in the regulated cannabis market. This body is equipped with an effective technological tool to monitor all processes in real time, in order to prevent and, where applicable, detect and penalise irregularities. The necessary inspections to detect breaches will be carried out through the body’s regional offices.

TITLE I

Use, access and permitted activities relating to cannabis products for adults.

Article 5. Lawful possession and consumption of cannabis products.

The possession and consumption of cannabis products by adults is permitted and considered lawful, in accordance with the terms of this Law and its implementing regulations.

Therapeutic, medicinal, medical or pharmaceutical uses of cannabis and related research are excluded from the scope of this law.

Only the active ingredients of cannabis listed in the 1971 Convention on Psychotropic Substances are considered controlled, specifically THC and its stereochemical variants. All cannabis products, including flowering tops and extracts, containing active ingredients not controlled under that convention and less than 0.3% THC are considered lawful articles of trade and fall outside the control and scope of this Law, although the sector-specific rules for each type of product must be observed.

Article 6. Access to cannabis products for adults.

Adults may access cannabis products through two routes, which are in turn subdivided into five:

Through self-management and cooperative management of access:
Home growing.
Cooperative cannabis social clubs.

Through the regulated market:
Licensed cannabis social clubs.
Cannabis dispensaries.
Non-psychoactive cannabis dispensaries.

Article 7. Permitted activities relating to cannabis products for adults.

Sowing, growing, producing, extracting, processing, transporting, distributing, dispensing, selling and consuming cannabis products is permitted provided that the requirements are met and the limits set for these cases in this Law and its implementing regulations are respected.

TITLE II

Spanish Agency for the Control of Comprehensive Cannabis Regulation (AECRIC).

CHAPTER I

Purposes and powers.

Article 8. Creation of the Spanish Agency for the Control of Comprehensive Cannabis Regulation (AECRIC).

The Spanish Agency for the Control of Comprehensive Cannabis Regulation (AECRIC) is hereby created as an independent public body, with its own headquarters, attached to the Ministry of Social Rights and the 2030 Agenda.

The AECRIC shall have full competence, without prejudice to that of the State, the Autonomous Communities and local authorities, over the sowing, cultivation, harvesting, control, inspection, production, extraction, manufacture, labelling, packaging, traceability, analytical control, transport, storage, distribution, dispensing, sale and marketing of cannabis products.

The AECRIC shall have regional offices with powers at regional level to carry out its functions in those territories. Their configuration, operation and the powers delegated to them by the AECRIC shall be regulated by regulation.

The relevant regulation shall establish, in all matters not provided for in this law, how individuals and legal entities shall deal with the AECRIC and may take part in the activities regulated by this law.

The AECRIC shall operate in accordance with the purpose and guiding principles of this law.

Article 9. Purposes of the AECRIC.

The AECRIC shall have the following purposes:

To carry out all actions necessary for the proper implementation of the Law on the Comprehensive Regulation and Control of Cannabis for Adults, ensuring that the protection of minors prevails over commercial and economic interests.

To coordinate the AECRIC’s regional offices for the proper implementation and development of this law and its implementing regulations.

To monitor, control, supervise and inspect compliance with the provisions of this law and its implementing regulations.

To regulate the specific activities relating to the sowing, cultivation, harvesting, control, inspection, production, extraction, manufacture, labelling, packaging, traceability, analytical control, transport, storage, distribution, dispensing, sale and marketing of cannabis products.

To control and supervise the activities specified in point 4 of this article in accordance with this Law and its implementing regulations, without prejudice to the powers of other State bodies, the Autonomous Communities and local authorities.

To promote, in coordination with the National Plan on Drugs and national, regional and local authorities, actions to inform people about the risks and harms of cannabis use and strategies to prevent and reduce them, in line with public health policy.

To encourage the gathering of scientific evidence, through research, monitoring and evaluation of the strategy, to guide public cannabis policy in coordination with the National Plan on Drugs and other competent national, regional and local authorities.

To evaluate periodically, using scientific methodology and a multidisciplinary approach, the effects of this law on Spanish society.

Article 10. Powers of the AECRIC.

To fulfil its purposes, the AECRIC shall have the following powers:

To supervise the entire cannabis market chain, from sowing and cultivation to distribution, dispensing and sale to adult consumers.

To create, regulate the organisation and operation of, and manage the Special Registers for the various licences established in this law and its implementing regulations.
To regulate and establish the requirements for granting, maintaining, amending, suspending and revoking the licences provided for in this law and other licences regulated by regulation.
To regulate cannabis market licences not regulated in this law.
To validate, before granting them, compliance with the requirements imposed on legal entities applying for the licences regulated in this law and its implementing regulations.
To set and update annually the fees for regulated cannabis market licences.
To grant the licences regulated in this law and its implementing regulations.
To put the development of the Comprehensive Cannabis Regulation Control Software (SoftCRIC) out to public tender.

To define and regulate the daily information to be sent to the AECRIC via SoftCRIC on the operation, procedures and activities of legal entities holding the licences provided for in this law and those regulated by regulation.
To receive and process information on the activities of legal entities holding the licences provided for in this law and those regulated by regulation.
To establish the requirements for verifying the information and activity data entered in SoftCRIC by legal entities holding the licences provided for in this Law and those regulated by regulation.
To ensure that points of dispensing, sale and consumption of cannabis products comply with this law and its implementing regulations.
To regulate the opening hours of licensed legal entities in the regulated cannabis market.

To define and regulate the information to be shown on the labels, containers and packaging of cannabis products and ensure compliance.

To carry out the necessary inspections of legal entities holding the licences provided for in this law and those regulated by regulation, to ensure that their activities comply with this law and its implementing regulations.

To regulate traceability and quality control procedures for cannabis products from production to dispensing or sale.

To regulate rules on pesticides, heavy metals and other contaminants.
To authorise, before they provide services, companies and self-employed persons who will provide services to legal entities holding the licences provided for in this law and those regulated by regulation.
To validate, before use, the management software and technological tools to be used by legal entities holding the licences provided for in this law and those regulated by regulation.
To establish the requirements for the export and import of cannabis for adult use.
To take part, together with the National Plan on Drugs and other competent national, regional and local bodies, in drawing up the general lines of cannabis information programmes for adults at the various levels of action, including universal, selective and indicated prevention.

To prepare, in coordination with the competent national, regional and local bodies, an annual follow-up, monitoring and evaluation report on the results of the comprehensive regulation of cannabis products covered by this law.
To design and implement, in coordination with national, regional and local authorities, an annual strategy to inform people about the content and application of this law.
To regulate the types of offences for breaches or infringements of this law and its implementing regulations.

To impose penalties under the system of offences contained in this law and its implementing regulations.
To review, gather and disseminate specific information and guidance for legal entities holding the licences provided for in this law and those regulated by regulation.
To enter into agreements with public or private institutions for the fulfilment of its purposes, especially with those that already have powers in this area.
To keep the public informed, through publication on the AECRIC website, of up-to-date statistics on the granting of licences, the sale of cannabis products, the fees and taxes collected and, in the case of earmarked taxes, their specific use.
To advise the executive, in coordination with the National Plan on Drugs and competent regional bodies, on cannabis policy.
Any others necessary for the proper functioning of the AECRIC and the correct implementation and application of this law and its implementing regulations.

CHAPTER II: Structure and administration.

Article 11. Structure and composition of the AECRIC.

The AECRIC shall have the following governing bodies:

Directorate General.
Board of Directors.
Advisory Council.

Article 12. Directorate General of the AECRIC.

The Directorate General of the AECRIC shall implement this law and its implementing regulations to guarantee the comprehensive regulation of cannabis in accordance with the guiding principles of this law.

The Director General of the AECRIC shall have an independent, multidisciplinary profile and qualifications in one of the following fields: drug policy, economics, health sciences, social sciences, agriculture or human rights.

The Director General shall be proposed and appointed by the Board of Directors for a term of four years, renewable once. A majority of the votes of the Board of Directors shall suffice for their appointment, renewal or dismissal.

The Director General of the AECRIC shall have the following powers:

a) To propose to the Board of Directors for approval the general and specific guidelines for the administration, implementation, operation and enforcement of the provisions of this law and its implementing regulations. b) To manage the AECRIC. c) To propose three of the members of the Advisory Council. d) To convene ordinary meetings of the Board of Directors at least once a month. e) To convene meetings of the Advisory Council to evaluate the implementation of this law and its implementing regulations. f) Any others conferred by other legal and regulatory provisions.

Article 13. Board of Directors of the AECRIC.

The Board of Directors of the AECRIC shall consist of eleven people, made up as follows:

a) Five representatives of the AECRIC’s regional offices, chosen by lot for a two-year term from among all the regional offices. b) One representative of each of the following Ministries: I. Social Rights and 2030 Agenda. II. Labour and Social Economy. III. Consumer Affairs. IV. Health. V. Finance. VI. Agriculture, Fisheries and Food.

The representative of the Ministry of Social Rights and 2030 Agenda shall be the legal representative of the AECRIC, shall have a casting vote in the event of a tie in the Board of Directors and shall be empowered to convene extraordinary meetings of the Board of Directors and the Advisory Council.

If a Ministry is changed or abolished, a representative of the Ministry that has taken over its powers shall join the Board of Directors, unless that Ministry is already represented on it.

The members of the Board of Directors shall be representative in terms of multidisciplinarity and gender.

Article 14. Powers of the Board of Directors.

The powers of the Board of Directors shall be as follows:

To consider and, where appropriate, approve on a proposal from the Directorate General the general and specific guidelines for the administration, implementation, operation and enforcement of the provisions of this law and its implementing regulations.

To approve the regulations necessary for the functioning of the AECRIC and for the proper development and implementation of this law.

To take part in designing national policy on the control and regulation of cannabis products in coordination with the National Plan on Drugs and other competent national, regional and local administrative bodies.

To choose the three members of the Advisory Council from among those proposed by the Agency’s Directorate General.

To take note of the recommendations issued by the Advisory Council and propose the implementation of the resulting changes or public policies.

To issue recommendations to the Director General on the functioning of the AECRIC and the implementation of this Law and its implementing regulations.

To report the results of evaluation and monitoring on the regulation and control of cannabis products to the Ministry they represent.

Article 15. Advisory Council of the AECRIC.

The Advisory Council shall have the following objectives:

To issue recommendations to the Board of Directors and the Directorate General on the functioning of the AECRIC and on the implementation of this law and its implementing regulations.

To evaluate the AECRIC’s activity reports.

To submit proposals to the AECRIC on improving its functions and powers, on the development of projects encouraging the gathering of scientific evidence, and on any other matters contributing to the achievement of the purposes of this law.

To prepare reports, at the request of the Directorate General or the Board of Directors, on any matter related to the development and application of this law and its implementing regulations.

Article 16. Structure of the Advisory Council.

The Advisory Council shall consist of ten people:

a) Three proposed by the Directorate General of the AECRIC: I. One representative of licensed business associations in the regulated cannabis market. II. One representative of the federations of cooperative cannabis social clubs. III. One representative of associations of cannabis home growers. They shall be chosen and renewed by the Board of Directors of the AECRIC and must be replaced every two years, with no possibility of re-election. b) One representative of each of the following ministries: I. Ministry of Economic Affairs and Digital Transformation. II. Ministry of Industry, Trade and Tourism. III. Ministry for the Ecological Transition and the Demographic Challenge. If a Ministry is changed or abolished, a representative of the Ministry that has taken over its powers shall join the Advisory Council, unless it is already represented on the Advisory Council or the Board of Directors. c) One representative of the National Plan on Drugs. d) One representative of the Tax Agency. e) The Chair and Vice-Chair of the Joint Congress-Senate Committee on Addictions. If the Joint Committee on Addictions is changed or abolished, the Chair and Vice-Chair of the Committee, whether joint, of Congress or of the Senate, that has taken over powers on addictions shall join the Advisory Council.

One of the members of the Advisory Council, from among those proposed by the Directorate General, shall represent it and shall have a casting vote in the event of a tie in its votes.

The members of the Advisory Council shall be representative in terms of multidisciplinarity and gender.

Article 17. Resources of the AECRIC.

The AECRIC shall have its own assets, shall be financed from the General State Budget and its property shall be exempt from seizure.

TITLE III: Comprehensive Cannabis Regulation Control Software (SoftCRIC).

Article 18. General provisions.

The AECRIC shall put out to public tender the creation of the Comprehensive Cannabis Regulation Control Software (SoftCRIC), a tool designed to control and supervise all operations and activities carried out by legal entities holding the licences provided for in this law and those regulated by regulation.

All legal entities licensed to carry out the activities regulated in this law must report all the information required for each type of licence.

The AECRIC shall regulate, by regulation, all the information that must be reported for each type of licence regulated in this law and those regulated by regulation.

TITLE IV: General limits.

Article 19. Prohibition of all activities covered by this law for minors.

All activities covered by this law are strictly prohibited for minors, without exception.

Article 20. Spaces for the consumption of cannabis products.

Combustion consumption of cannabis products is limited to private settings and to the consumption spaces authorised under this law, which are the following:

a) Consumption areas within cooperative cannabis social clubs. b) Consumption areas within licensed cannabis social clubs. c) Consumption lounges regulated in the licensing system of the regulated cannabis market.

The AECRIC may, by regulation, extend the possible spaces for combustion consumption of cannabis products.

The conditions laid down in Law 28/2005 of 26 December on health measures against smoking, or other laws updating or amending it, must be respected, and no staff may be present in the cannabis consumption spaces, areas or lounges during the opening hours of the main activity.

Spaces for the consumption of cannabis products must be fitted with an adequate smoke extraction and filtering system, taking into account the technical and planning rules in force in the municipality where they are located.

Article 21. Limits on the transport and possession of cannabis products for personal use by adults.

The maximum amount adults may carry or possess in public spaces shall be one of the following four options:

a) 100 grams of dried cannabis flowering tops. b) 30 grams of cannabis extracts. c) Products made with cannabis with a total THC content of 10 grams. d) The sum of possible proportional combinations of the above products.

The maximum annual amount permitted for adults for personal consumption at home or in similar private spaces shall be one of the following four options:

a) 3,650 grams of dried cannabis flowering tops. b) 1,000 grams of cannabis extracts. c) Products made with cannabis with a total THC content of 365 grams. d) The sum of possible proportional combinations of the above products.

In homes or similar private spaces where more than one adult consumer lives, no more than twice the amount set for one person in point 2 of this article may be kept, regardless of the number of adults in the household.

Article 22. Limits on access to, purchase, sale and dispensing of cannabis.

Through the various means of access regulated in this law other than home growing, and without prejudice to the additional limits set for each of them, adults may obtain per purchase or dispensing a maximum of one of the following four options:

a) 25 grams of dried cannabis flowering tops. b) 12.5 grams of cannabis extracts. c) Products made with cannabis with a maximum of 2.5 grams of THC. d) The sum of possible proportional combinations of the above products.

Providing free samples of cannabis products in any form, through any of the means of access, is prohibited.

Article 23. Limits on starting genetic material for growing cannabis for adult use.

No limit is imposed on the use of starting genetic material for growing cannabis for adult use, regardless of the origin or format of that material, whether seeds, seedlings, in vitro material, cuttings or cannabis mother plants, and whether for access through home growing, cooperative cannabis social clubs or the regulated market.

Article 24. Limits on the retail sale of starting genetic material for growing cannabis for adult use.

The sale to final customers of cannabis seeds, seedlings, cuttings or mother plants intended for adult use is limited to Grow Shops, whether in physical shops or online.

To carry out this activity, Grow Shops must be registered under the tax heading of the Register of Economic Activities for this activity, created for this purpose under the Third Additional Provision of this law.

The AECRIC shall establish by regulation the conditions and the information, labelling and packaging requirements for starting genetic material for growing cannabis for adult use.

TITLE V: Information and evaluation strategies for adults.

Article 25. Information and evaluation strategies relating to cannabis use by adults.

The AECRIC, in coordination with the National Plan on Drugs and the national, regional and local bodies with powers in the field of health, shall develop and implement:

a) Guides and guidelines, with an inclusive approach and a gender perspective, to harmonise programmes for adults on educational, preventive or risk and harm reduction intervention in all its forms: universal, selective and indicated. b) An annual evaluation to report on the content and application of this Law. c) Information and awareness campaigns on the risks of using cannabis products and strategies to prevent and reduce them. These campaigns must be displayed in all places where cannabis products are sold, dispensed and consumed. d) Information on the risks and harms of using cannabis products, which must be included on the containers and packaging of cannabis products.

All information disseminated for these purposes must be based on scientific evidence and take into account the guiding principles of this law.

TITLE VI: Access to cannabis products through self-management and cooperative management.

CHAPTER I: Home growing.

Article 26. General provisions.

Adults resident in Spain, individually or in a small group of up to 5 people living together, may set up a home growing space to supply themselves with cannabis for their own consumption, without any need for notification or registration, provided they comply with the terms and limits set in this law.

Each individual may hold or co-hold only one home growing space.

There are two different forms of access through home growing: outdoor cultivation and indoor cultivation.

Crops must be in enclosed spaces, whether indoors or outdoors, with the plants placed in secure locations, not rising above walls or fences and not visible or accessible from the public highway. These spaces must not be accessible to minors.

For indoor cultivation, an adequate air extraction and filtering system must be installed.

Article 27. Limits on home growing.

Cannabis may be grown under the conditions set out in Article 26 of this law, provided that:

Outdoor cultivation does not exceed a volume of 20 cubic metres.

Indoor cultivation does not use lighting power above 1,200 watts, and such spaces may not exceed a volume of 4 cubic metres.

Where indoor and outdoor cultivation are carried out at the same time, the proportional sum of the limits set in points 1 and 2 of this article may not be exceeded.

In the case of home growing in a small group, up to a maximum of 5 people may take part, always within the same household, but the limit may not exceed twice the limit set for one person, regardless of the number of participants per household.

Article 28. Genetic conservation area. Mother plants and cuttings.

In addition to Article 27, a space may be set up for keeping mother plants and cuttings for later use in cultivation, whether indoors or outdoors.

The area for keeping mother plants and cuttings must not use lighting power above 400 watts or exceed a volume of 2 cubic metres.

CHAPTER II: Cooperative cannabis social clubs.

Article 29. General provisions.

People resident in Spain who consume cannabis products may form non-profit associations, called cooperative cannabis social clubs, in order to supply themselves with cannabis products for their own consumption.

Non-members may not enter the premises of a cooperative cannabis social club.

Each member may obtain cannabis products through only one cooperative cannabis social club, which they shall state in a sworn declaration when joining the organisation.

Members of a cooperative cannabis social club must take part, to a greater or lesser extent, in the production cycle of cannabis products and/or in the technical or administrative tasks of the organisation for its proper development and functioning.

Cooperative cannabis social clubs must be set up in accordance with Organic Law 1/2002 of 22 March regulating the right of association, or the various regional laws regulating the right of association.

Before starting any activity related to the production and dispensing cycle of cannabis products, cooperative cannabis social clubs must apply to the AECRIC for a licence. The club may not carry out these activities until the AECRIC has validated the information provided, issued the mandatory licence and entered the organisation in the special register of cooperative cannabis social clubs.

Cooperative cannabis social clubs are exempt from paying fees for the grant and maintenance of the licence that authorises their activities.

Cooperative cannabis social clubs are exempt from paying any tax on the production of cannabis products or their dispensing to members.

Article 30. Premises of cooperative cannabis social clubs.

Cooperative cannabis social clubs must have all their facilities in the same place, with the sole exception of an additional consumption and/or dispensing area at another location, separate from the main one, where cannabis may not be grown or processed.

Where there is an additional dispensing area at another location, the transport of cannabis products between the growing facility and that location must be notified to the AECRIC via SoftCRIC at least one hour in advance, and the cannabis products must be packaged as provided in this law and its implementing regulations. A unique transport code generated by SoftCRIC, containing all the identification data for the transport of the cannabis products, shall be placed inside. Cannabis products must be transported by private means of transport or by a company holding a cannabis distribution licence.

Cooperative cannabis social clubs must apply for the relevant municipal planning permits to carry out their activity. Local councils may not refuse these activities except on strictly technical or planning grounds.

Cooperative cannabis social clubs may not be set up in private homes.

Cooperative cannabis social clubs must have a smoke-free access control area, separate from the rest of the premises, where goods will be received and members’ access will be checked.

Cooperative cannabis social clubs must have a smoke-free dispensing area, separate from the rest of the premises, where members will be given access to cannabis products in private.

Cooperative cannabis social clubs must have a locked and secure storage area for cannabis products.

Article 31. Obligations of cooperative cannabis social clubs.

Cooperative cannabis social clubs must include the following provisions in their articles of association:

a) Members must be over 18 and have full legal capacity. b) The association is non-profit. c) The aims of the association include running a cooperative cannabis social club project in accordance with the Law on the Comprehensive Regulation and Control of Cannabis for Adults.

For their proper functioning, cooperative cannabis social clubs must:

a) Provide information on the risks and harms of cannabis use and strategies to prevent and reduce them, as contained in the campaigns of the AECRIC, the National Plan on Drugs and other competent regional bodies. b) Check the identity, age and membership status of those entering the club premises or receiving cannabis products. c) Carry out monthly reviews to adapt production to the actual demand of the members enrolled in the self-supply programme. d) Appoint a technical manager from among the club’s members, who will coordinate the production cycle of cannabis products and ensure that the production limits are not exceeded. The technical manager, together with the club’s president, shall attend the inspections carried out by the AECRIC. e) Ensure that all the club’s spaces and activities are safe and operate with a gender perspective.

Through SoftCRIC, cooperative cannabis social clubs must report to the AECRIC every day all data relating to the production and dispensing of cannabis products in aggregate form, without identifying individual members.

Article 32. Limits on hiring services.

The members of the cooperative cannabis social club shall manage all activities relating to the full production and dispensing cycle of cannabis products and the internal management of the organisation, and may be employed for these purposes.

Cooperative cannabis social clubs may not hire companies or self-employed persons to carry out the activities included in point 1 of this article.

Cooperative cannabis social clubs may hire companies and self-employed persons for their security needs, technological management tools, accounting, tax, legal defence and agricultural expert services, and the services of licensed companies in the regulated cannabis market authorised to provide them under this law.

Article 33. Limits on maximum production per calendar year and on the purchase of cannabis.

A maximum production limit of 90 kilograms of dried cannabis flowering tops per calendar year is established.

A cooperative cannabis social club may not accumulate amounts higher than those indicated in point 1 of this article. The club shall be responsible for adjusting its cannabis production according to the surplus from previous harvests. Any production surplus must be notified to the AECRIC via SoftCRIC and destroyed in accordance with the protocols established in this law and its implementing regulations.

Cooperative cannabis social clubs may not buy cannabis products; all of them must come from their own production.

Article 34. Limits on cannabis cultivation per member.

Cannabis may be grown under the conditions set out in Article 33 of this law, provided that, per member:

Outdoor cultivation does not exceed a volume of 6 cubic metres.

Indoor cultivation does not use lighting power above 300 watts, and such spaces may not exceed a volume of 1 cubic metre.

Where outdoor and indoor cultivation are carried out at the same time, the proportional sum of the limits set in points 1 and 2 of this article may not be exceeded.

Article 35. Genetic conservation area. Mother plants and cuttings.

In addition to Article 34, an area may be set up for keeping mother plants and cuttings for later use in cultivation, whether indoors or outdoors.

A limit of 0.5 cubic metres and a maximum lighting power of 100 watts per member is set for this purpose.

Regardless of the number of members of the cooperative cannabis social club, the area for keeping mother plants and cuttings may occupy a minimum volume of 6 cubic metres using lighting power of up to 1,200 watts.

Article 36. Production of cannabis seeds.

Cooperative cannabis social clubs may not sell cannabis seeds and may only produce them for use in the organisation’s own crops.

If they produce seeds, they must specifically notify the AECRIC via SoftCRIC, stating the space in cubic metres and the number of plants used for seed production, and must provide the final production figure in grams of seed once harvested.

Article 37. Extractions and manufacture of cannabis products.

Cooperative cannabis social clubs may carry out mechanical cannabis extractions to dispense to members or to make cannabis products, but may not carry out solvent extractions.

Cooperative cannabis social clubs that carry out mechanical extractions, whether to dispense to members or to make cannabis products, must record the data on these activities in SoftCRIC, stating the amount of plant material used from their crops, the mechanical extraction method and whether it comes from dried cannabis flowering tops or from leftover production material, as well as the total amount of mechanical extracts or cannabis products obtained.

Where cannabis products for ingestion are made, the member responsible must hold the necessary food handling certificates.

Article 38. Members’ consumption forecasts.

When joining, every member shall set a forecast of their monthly consumption of cannabis products, which the cooperative cannabis social club shall use as a reference to increase the amount of cannabis to be produced in the next growing cycle, always within the limits set in this law.

One month after the new member has started collecting cannabis products according to their forecast, the club shall review it and adjust it to actual consumption for the next growing cycle.

The club must keep a record of members’ overall consumption forecast, without individual details. This forecast must be recorded in SoftCRIC.

The club must keep a record of each member’s individual consumption forecast, either in writing in books stamped by the AECRIC or through management software validated by the AECRIC in which the information cannot be manipulated. This information need not be reported to the AECRIC but must be kept by the club for at least four years in case of inspection.

Article 39. Dispensing to members.

Members may not pass on to others the cannabis products dispensed to them personally, not even free of charge.

Cannabis products must be dispensed after identifying the member, in a private space within the cooperative cannabis social club.

As a general rule, members of a cooperative cannabis social club may not receive cannabis products until the growing cycle following their acceptance as a member. Alternatively, the club may decide at its own discretion to give them access before the next growing cycle, using the stock of cannabis products carried over between growing cycles, but in no case earlier than 15 days after their acceptance as a member.

The club must keep a daily record of the cannabis products dispensed to members in aggregate form, without individual details. This information must be reported to the AECRIC via SoftCRIC.

The club must monitor and record the information on each member’s cannabis collections, stating the quantity, type of product and date of collection. The member must also sign for each collection of cannabis products. This record may be kept in writing in books stamped by the AECRIC or through management software validated by the AECRIC in which the information cannot be manipulated. This information need not be reported to the AECRIC but must be kept by the club for at least four years in case of inspection.

Any supply of spirits is prohibited in dispensing areas.

Article 40. Limits on monthly dispensing of cannabis to members.

The maximum amount of cannabis products to be dispensed to members shall be 90 grams of dried cannabis flowering tops per month, or the equivalent in cannabis products made from that maximum amount of dried flowering tops.

Article 41. Space for the consumption of cannabis products.

Spaces for combustion consumption of cannabis products must comply with Article 20 of this Law.

Any supply of spirits is prohibited in spaces for the consumption of cannabis products.

TITLE VII: Regulated market licences.

CHAPTER I: General provisions.

Article 42. Licence applications.

Through the licensing system of the regulated cannabis market, companies are permitted to sow, grow, harvest, produce, extract, manufacture products, carry out analytical control, transport, package, label, advertise, distribute, sell and market cannabis products in accordance with this law and its implementing regulations.

All companies seeking a licence in the regulated cannabis market must apply to the AECRIC before starting their activity. The information required to process the application shall be established by the AECRIC by regulation.

An express decision granting the licence shall be required for it to be deemed granted; positive administrative silence shall not apply in these cases.

Once the licence has been granted, the company shall be entered in the AECRIC’s Special Registers for the type of licence applied for, which will authorise it to start its activity.

The AECRIC’s Special Registers for the various types of regulated market licences shall contain all the data provided in the licence application.

Companies holding regulated cannabis market licences must apply for the relevant municipal planning permits to carry out their activity. Local councils may not refuse these activities except on strictly technical or planning grounds.

Article 43. Limits on licence applications.

No individual or legal entity may take part in more than one company holding a regulated cannabis market licence, whether as a director or as a partner, regardless of the number of shares or holdings they own.

Regulated market licences may not be transferred in any way, sold, leased or assigned, whether free of charge or for consideration.

Once granted, the licence must be fully implemented within a maximum of one year. If it is not, the licence shall be revoked.

Companies whose partners or directors are legal entities domiciled in countries that do not require the identification of owners or individuals for incorporation may not apply for licences or take part in companies that apply for them.

Article 44. Types of licences.

1. This law regulates the following types of licences for the regulated cannabis market: a) Licences for access to cannabis products: I. Licensed cannabis social club. II. Cannabis dispensary. III. Non-psychoactive cannabis dispensary. b) Licences for the production of cannabis products: I. Cannabis production. II. Micro-producer cooperative. III. Cannabis processing. IV. Production and marketing of cannabis seeds. c) Other licences in the regulated market for cannabis products: I. Cannabis consumption lounge. II. Solvent extraction. III. Cannabis distribution. IV. Botanical research with cannabis. V. Quality control laboratories for cannabis products. 2. The AECRIC shall have the power to regulate new types of licences and establish the conditions and requirements for obtaining them, taking into account the guiding principles of this law.

Article 45. Fees for applying for and maintaining licences.

The AECRIC shall set the fees for regulated cannabis market licences, which shall be updated annually.

There shall be three types of fees:

a) Licence application fee. b) Graduated fee based on production volume in cubic metres. c) Annual licence maintenance fee.

The fees set by the AECRIC must be graduated, and the AECRIC shall adjust them in order to achieve the greatest possible integration and transition of informal operators into the regulated market.

The fees referred to in point 2 of this article shall be waived for cannabis production licences applied for in order to operate in the Balearic Islands, the Canary Islands, Ceuta, Melilla or any province with a population density below one hundred inhabitants per square kilometre, according to National Statistics Institute (INE) data at the time of application.

The fees referred to in point 2 of this article shall be waived for botanical research licences with cannabis.

Article 46. Limits on holding multiple licences.

The following limits on holding multiple licences are established for the regulated market:

No one may hold at the same time:

a) More than one licensed cannabis social club licence. b) More than five cannabis dispensary licences. c) More than one cannabis production licence. d) More than one micro-producer cooperative licence. e) More than one cannabis processing licence. f) More than five cannabis consumption lounge licences. g) More than one solvent extraction licence. h) More than one cannabis distribution licence. i) More than one botanical research licence with cannabis. j) More than one licence for the production and marketing of cannabis seeds. k) More than one quality control laboratory licence.

Only the following may be held at the same time:

a) A cannabis production licence and a cannabis processing licence. b) A cannabis production licence and a botanical research licence with cannabis. c) A licensed cannabis social club licence and a solvent extraction licence. d) A cannabis processing licence and a solvent extraction licence.

Article 47. Limits on hiring services.

The employees of companies holding regulated cannabis market licences shall manage all aspects of the licensed activity, and external services of legal entities or self-employed persons may not be hired for these purposes.

Companies holding a regulated cannabis market licence may only hire companies and self-employed persons for their security needs, technological management tools, accounting, tax, legal defence and agricultural expert services, and the services of licensed companies in the regulated cannabis market authorised to provide them under this law.

CHAPTER II: Security measures and control of activities.

Article 48. Security measures for companies holding regulated cannabis market licences.

All premises of companies holding a regulated market licence must be under full and continuous video surveillance, except for the areas where cannabis products are sold and consumed, which shall be subject to Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights. The AECRIC shall be able to view the footage in real time. Recordings must be kept for at least 3 months.

Companies holding a regulated market licence must contract an alarm service with a company authorised by the AECRIC, connected to the State Security Forces.

Security measures must be in place before the activity starts.

Access to all premises of companies holding a regulated cannabis market licence shall be restricted to company staff, except for the areas where cannabis products are sold and consumed, which shall be open to these companies’ customers.

All cannabis products of regulated cannabis market companies must be kept and stored in a locked, video-monitored area that meets the security requirements set by the AECRIC by regulation.

All organic and inorganic waste from the production and marketing cycle of cannabis products must be treated as regulated by the AECRIC by regulation.

Article 49. Transport of cannabis products.

The transport of cannabis products between legal entities holding a regulated cannabis market licence, or between their different premises, must be carried out by companies holding a cannabis distribution licence, or by private means of transport, and always notified in advance to the AECRIC via SoftCRIC at least one hour beforehand.

Article 50. Inspections to monitor regulated cannabis market licences.

The AECRIC may inspect legal entities holding regulated cannabis market licences.

Inspections may be physical or virtual and shall not be announced in advance.

Legal entities holding regulated cannabis market licences must notify the AECRIC of weekly opening hours during which a responsible person will always be available to attend inspections by AECRIC staff.

Article 51. Access control to premises.

Legal entities holding regulated cannabis market licences must have an access control area, separate from the rest of the premises, where goods will be delivered and received. Access shall be controlled by showing the identification of employees, suppliers, authorised service providers and customers.

A daily record must be kept, via SoftCRIC, of the employees who enter the various premises of the licence-holding legal entity.

Suppliers and authorised service providers must be notified to the AECRIC via SoftCRIC before entering the premises, and must ultimately enter identified with a badge generated by SoftCRIC.

Article 52. Obligation to report all operations and activities to the AECRIC.

Companies holding a regulated cannabis market licence must monitor and record the information on all operations carried out relating to the production, processing, extraction, distribution, analytical control, wholesale or retail sale of cannabis products.

For retail sales of cannabis products by companies holding licences for access to cannabis products, this information shall be reported in aggregate form, without identifying individual customers.

All information must be reported daily to the AECRIC via SoftCRIC in accordance with this law and its implementing regulations.

Failure to report the information to be entered in SoftCRIC for one day may lead to an inspection by AECRIC staff.

In addition to SoftCRIC, companies holding regulated cannabis market licences may use other software to monitor their operations, provided it has been validated by the AECRIC and the information cannot be manipulated.

Article 53. Traceability of cannabis products.

All cannabis products produced by a company holding a regulated cannabis market licence that are to be put on sale must contain information on their traceability, from the start of the production cycle to their final sale to the customer.

At the start of the production cycle, SoftCRIC shall generate a label with a unique code to which all traceability data will be added as the cycle of production, processing, manufacture, transport, analytical control, distribution and sale to the final customer progresses.

Article 54. Quality control, packaging and labelling of cannabis products.

All cannabis products produced by companies holding regulated cannabis market licences must, before being put on sale, undergo quality control by a company holding a quality control laboratory licence for cannabis products.

A sample of each batch of cannabis products to be put on sale must be sent to the quality control laboratories, in accordance with Article 49. The AECRIC shall establish by regulation the characteristics of batches of cannabis products and the information to be contained in the analyses, including the quantitative and qualitative content of the four main cannabinoids and terpenes, as well as the maximum limits of contaminants that cannabis products may contain.

Each sample of each batch to be analysed shall be declared via SoftCRIC, which will generate a label with a unique code containing all the information on the sample sent: type of product, date of production or manufacture, traceability information from cultivation or production, date of delivery to the laboratory, and identification of the laboratory and the sender of the samples. This uniquely coded label must be placed inside the packaging of the samples delivered to the quality control laboratory.

Once the quality control laboratory issues its analytical report, and before communicating the results to the company that owns the sample, it must enter the results in SoftCRIC using each sample’s unique code.

Once the analytical control has been carried out:

a) If the results are favourable, the products may be put on sale, stating in detail on their container or packaging the date of production, the expiry date, the best-before date, the quantities of the four main cannabinoids and terpenes, a link with a code giving access to all the product’s traceability information and the full analytical report from the quality control laboratory, and any additional information required by regulation. b) If the batch is contaminated, it must be destroyed using the processes established by the AECRIC by regulation.

Companies holding regulated cannabis market licences must ensure that all cannabis products put on sale meet the quality control, packaging and labelling requirements laid down in this law and its implementing regulations.

As a self-monitoring measure, regulated market companies producing cannabis products may have their own analytical equipment, but in any case, before these products are put on sale, they must be tested by an external quality control laboratory holding a regulated cannabis market licence.

TITLE VIII: Licences for access to cannabis products.

CHAPTER I: General provisions.

Article 55. Sale of cannabis products.

Companies holding licences for access to cannabis products may sell these products to adults with full legal capacity, whether or not they are resident in Spain.

People who buy cannabis products through the regulated market may not pass on to others the products they buy for themselves, not even free of charge.

The sales area for cannabis products within companies holding licences for access to cannabis products must be smoke-free and separate from the rest of the premises.

Cannabis products may only be delivered to the buyer’s home by a company holding a cannabis distribution licence.

Cannabis products may only be sold after identifying the buyer and confirming that they are of legal age.

Any supply of spirits is prohibited in areas where cannabis products are sold or consumed.

Companies holding licences for access to cannabis products must:

a) Provide information on the risks and harms of cannabis use and strategies to prevent and reduce them, as contained in the campaigns of the National Plan on Drugs. b) Check that people entering their premises are of legal age. c) Ensure that all their spaces and activities are safe and operate with a gender perspective.

All cannabis products put on sale must include on their container or packaging a link to information on the risks and harms of cannabis use and strategies to prevent and reduce them, as contained in the campaigns of the National Plan on Drugs.

Article 56. Control of sales to final customers.

Companies holding licences for access to cannabis products must keep an internal record of each sale, stating the quantity, type of product, date and time of sale. This record must be kept using management software validated by the AECRIC in which the information cannot be manipulated.

These data must be kept for at least four years in case of inspection.

Article 57. Purchase of cannabis products.

Companies holding licences for access to cannabis products may buy these products from companies holding licences for the production of cannabis products, in accordance with this law.

CHAPTER II: Licensed cannabis social clubs.

Article 58. General provisions.

Licensed cannabis social clubs are companies set up to create a complete production circuit of cannabis products for sale and/or consumption at up to three different locations belonging to the licensed club. These products may be sold only to the club’s customers, in the ways regulated in this law.

Article 59. Limits on cannabis production.

Licensed cannabis social clubs may produce cannabis outdoors or indoors, but must respect the following limits:

For outdoor crops, a maximum lighting power of 100 watts per cubic metre is set.
For indoor crops, a maximum lighting power of 300 watts per cubic metre is set.
Before cannabis production begins, compliance with the limits in this article must be certified by a professional authorised by the AECRIC.

Article 60. Genetic conservation area. Mother plants and cuttings.

Licensed cannabis social clubs may set up a space for keeping mother plants and cuttings for later use in their crops, whether indoors or outdoors.
A maximum lighting power of 100 watts per cubic metre is set for this purpose.

Article 61. Production of cannabis seeds.

Licensed cannabis social clubs may not sell cannabis seeds and may only produce them for use in the organisation’s own crops.

If they carry out this activity, they must specifically notify the AECRIC via SoftCRIC, stating the space in cubic metres, whether indoor or outdoor, and the number of plants used for seed production, and must provide the final production figure in grams of seed once harvested.

Article 62. Extractions and manufacture of cannabis products.

Licensed cannabis social clubs may carry out mechanical cannabis extractions to sell at their points of sale or to make cannabis products.

Licensed cannabis social clubs may carry out solvent extractions, but must first apply to the AECRIC for a specific licence and set up an area that meets the technical and safety requirements laid down by regulation for these processes.

Licensed cannabis social clubs that carry out extractions, whether for sale or to make cannabis products, must record all data on these activities in SoftCRIC, stating whether the plant material was bought from companies holding licences for the production of cannabis products or comes from their own production, the amount used, the extraction method and the total amount of extract or cannabis products obtained.

Where cannabis products for ingestion are made, the staff responsible must hold the necessary food handling certificates.

CHAPTER III: Cannabis dispensaries.

Article 63. General provisions.

Companies holding a cannabis dispensary licence are authorised to buy cannabis products from companies holding licences for the production of cannabis products for subsequent sale, in the ways regulated in this law.

CHAPTER IV: Non-psychoactive cannabis dispensaries

Article 64. General provisions.

Companies holding a non-psychoactive cannabis dispensary licence are authorised to buy cannabis products with a total THC content below 1% from companies holding licences for the production of cannabis products for subsequent sale, in the ways regulated in this law.

TITLE IX: Licences for the production of cannabis products.

CHAPTER I: General provisions

Article 65. Limit on the number of facilities.

Companies holding licences for the production of cannabis products may have up to five production facilities at different locations belonging to the legal entity.

CHAPTER II: Cannabis production licences.

Article 66. General provisions.

Companies holding a cannabis production licence are authorised to produce:

Cannabis flowering tops for sale to licensed cannabis social clubs, cannabis dispensaries and companies holding a cannabis processing licence.

Cannabis cuttings and mother plants for sale to cannabis production companies, licensed cannabis social clubs and Grow Shops.

Non-psychoactive cannabis flowering tops for sale to companies holding a cannabis processing licence, licensed cannabis social clubs, cannabis dispensaries and non-psychoactive cannabis dispensaries.

Article 67. Limits on cannabis production.

For outdoor cannabis crops, a maximum lighting power of 100 watts per cubic metre is set.
Indoor crops are not permitted unless 90% of the total electrical power used for production comes from renewable energy sources produced by the licence-holding company itself.
Before cannabis production begins, compliance with the limits in this article must be certified by a professional authorised by the AECRIC.

CHAPTER III: Micro-producer cooperative licence.

Article 68. General provisions.

Micro-producer cooperatives are authorised to sell centrally the cannabis flowering tops and non-psychoactive cannabis produced by their members to cannabis processing companies, licensed cannabis social clubs, cannabis dispensaries or non-psychoactive cannabis dispensaries, always in accordance with this law and its implementing regulations.

Only cannabis with a total THC content below 1% may be sold to non-psychoactive cannabis dispensaries.

Micro-producer cooperatives shall be governed by Law 27/1999 of 16 July on cooperative societies or by regional rules on cooperative societies.

Micro-producer cooperatives must include the following provisions in their articles of association:

a) Cooperative members must be adults with full legal capacity. b) Minors shall not be allowed to enter the cooperative’s premises. c) The corporate purpose of the cooperative is to run a micro-producer cooperative project in accordance with the Law on the Comprehensive Regulation and Control of Cannabis Products for Adults.

Article 69. Measures to control activities.

Members of micro-producer cooperatives must be registered by the cooperative in the Special Register of Micro-producers attached to the AECRIC after joining the cooperative. The register shall contain the member’s identification data and the location of the crop.

Entry in the register of micro-producers authorises the member to start growing at their home or similar private space and implies consent to inspections at the crop location. Refusing to allow inspection shall result in the member’s expulsion from the cooperative and notification to the AECRIC.

Micro-producer cooperatives, in coordination with the AECRIC, must ensure through regular inspections of their members that the limits set for this type of regulated cannabis market licence are not exceeded.

Article 70. Cannabis production.

Members of micro-producer cooperatives may produce cannabis either indoors or outdoors, with the following limits:

a) Outdoor cultivation may not exceed a volume of 20 cubic metres. b) Indoor cultivation may not use lighting power above 1,200 watts, and such spaces may not exceed a volume of 4 cubic metres. c) Where indoor and outdoor cultivation are carried out at the same time, the proportional sum of the limits set in points a and b of point 1 of this article may not be exceeded.

The production limit may not exceed twice the limit set for one cooperative member, regardless of the number of cooperative members holding the location where the crop is grown.

Article 71. Collection and transport of cannabis.

The collection of cannabis flowering tops from cooperative members’ crops for transport to the micro-producer cooperative’s premises must be carried out by the cooperative’s staff, always notifying the AECRIC in advance via SoftCRIC at least one hour before collection.

Article 72. Traceability, analytical control and waste destruction.

The micro-producer cooperative shall ensure that all the traceability and analytical control requirements laid down in this law and its implementing regulations are met.

The micro-producer cooperative shall ensure the proper destruction of its members’ cannabis production waste in accordance with the protocols laid down in this law and its implementing regulations.

Article 73. Services to cooperative members.

Micro-producer cooperatives may provide centralised services to their members for the proper development of cannabis production.

Article 74. Genetic conservation area. Mother plants and cuttings.

Micro-producer cooperatives may have an area for keeping mother plants and cuttings to supply cuttings to their members. If they offer this service, they must notify the AECRIC.

A maximum lighting consumption of 100 watts of lighting power per cubic metre is set for the area for keeping mother plants and cuttings.

The transport of cuttings for delivery to members of the micro-producer cooperative must be carried out by the organisation’s staff in accordance with Article 49.

CHAPTER IV: Cannabis processing licences

Article 75. General provisions.

Companies holding a cannabis processing licence are authorised to process cannabis and non-psychoactive cannabis from companies holding a cannabis production licence or a micro-producer cooperative licence, in order to manufacture cannabis products for subsequent sale to licensed cannabis social clubs, cannabis dispensaries, non-psychoactive cannabis dispensaries and other commercial channels.

Only products with a total THC content below 1% may be sold to non-psychoactive cannabis dispensaries.

Only cannabis products with a total THC content below 0.3% may be sold to companies that do not hold regulated cannabis market licences.

Article 76. Manufacture of extracts and cannabis products.

Companies holding a cannabis processing licence may carry out mechanical and solvent cannabis extractions.

For solvent extractions, a specific licence must first be obtained from the AECRIC and an area must be set up that meets the technical and safety requirements laid down by regulation for these processes.

Where cannabis products for ingestion are made, the staff responsible must hold the necessary food handling certificates.

CHAPTER V: Production and wholesale marketing of cannabis seeds.

Article 77. General provisions.

Companies holding a licence for the production and marketing of cannabis seeds are authorised to produce cannabis seeds for wholesale.

Companies holding a licence for the production and marketing of cannabis seeds shall benefit from a 50% reduction of the limit set in the second paragraph of Article 67 of this law.

Cannabis seeds sold by companies holding a licence for the production and marketing of cannabis seeds must comply with the third paragraph of Article 24 of this law.

Companies holding a licence for the production and marketing of cannabis seeds may only sell cannabis seeds to Grow Shops and to distributors of cannabis cultivation products, which must be registered under the corresponding tax heading of the Register of Economic Activities created for this purpose under the third additional provision of this law.

Grow Shops are the only establishments authorised to sell seeds for growing cannabis for adult use to final customers.

The requirements for the production and marketing of cannabis seeds shall be laid down by regulation, in accordance with Royal Decree 170/2011 approving the General Regulation on the register of commercial varieties and amending the General Technical Regulation on the control and certification of seeds and nursery plants, and the other agricultural regulations in force in this area.

TITLE X: Other licences in the regulated market for cannabis products.

CHAPTER I: Licence for cannabis product consumption lounges.

Article 78. General provisions.

Any legal entity may apply for a cannabis consumption lounge licence in order to set up an area on its premises for the combustion and vaporised consumption of cannabis products, provided the requirements of this law are met.

Cannabis consumption lounges may not be set up in legal entities whose access is not limited to adults throughout their premises.

Each cannabis consumption lounge licence shall be linked to a single cadastral reference.

Cannabis consumption lounges may not occupy more than 25% of the total space of the location of the main activity where they are set up, except in the case of non-profit associations, where there shall be no limit except as provided in this Law.

Cannabis consumption lounges may not be set up in private homes.

Article 79. Access to consumption lounges.

Any adult with full legal capacity, whether or not resident in Spain, may enter cannabis consumption lounges.

Cannabis consumption lounges must have a separate entrance from a smoke-free area with access control, where identity will be checked to ensure that only adults enter.

CHAPTER II: Solvent extraction licences.

Article 80. General provisions.

Companies holding a licensed cannabis social club licence or a cannabis processing licence may apply for a solvent extraction licence.

Companies holding a solvent extraction licence must adapt their premises to the technical and safety requirements in force for this type of facility, as laid down by regulation.

All data relating to this activity must be reported to the AECRIC via SoftCRIC, stating the amount of plant material used, its origin, the type of solvents used and the amount of product resulting from the extraction process.

CHAPTER III: Licences for the distribution of cannabis products

Article 81. General provisions.

The licence for the distribution of cannabis products authorises the company to transport and deliver cannabis products in the following cases:

Transport and home delivery to final customers of cannabis products from companies holding licences for access to cannabis products.

Transport and delivery of cannabis products between companies holding licences for the production of cannabis products.

Transport and delivery of cannabis products to companies holding licences for access to cannabis products, from companies holding licences for the production of cannabis products.

Transport and delivery of cannabis products between individuals or legal entities holding licences authorised under this law and its implementing regulations and companies holding a quality control laboratory licence for cannabis products.

Transport and delivery of cannabis products between the different premises of legal entities holding licences authorised under this Law and its implementing regulations.

Article 82. Control and security measures for the transport of cannabis products.

The AECRIC shall establish by regulation the protocols and control and security measures for the transport and delivery of cannabis products.

CHAPTER IV: Botanical research licences with cannabis.

Article 83. General provisions.

Companies holding a cannabis production licence may apply for a botanical research licence with cannabis.

The botanical research licence with cannabis authorises the company to carry out innovation, development or research projects based exclusively on botanical, industrial and agronomic matters relating to cannabis.

The botanical research licence with cannabis does not authorise the company to carry out research projects involving treatments or trials of any kind with cannabis products on animals or people, or to study their possible effects on them.

The company carrying out the innovation, development or research project must document it and, once completed, register it in the Register of Botanical Research with Cannabis attached to the AECRIC.

The company may hold the intellectual and industrial property rights to the results of the innovation, development or research project, always in compliance with the applicable sector-specific rules.

CHAPTER V: Quality control laboratories for cannabis products.

Article 84. General provisions.

Any company that does not hold any regulated cannabis market licence may apply for a quality control laboratory licence for cannabis products.

The quality control laboratory licence for cannabis products authorises the company to provide analytical control services to regulated cannabis market companies before they put their products on the market.

Quality control laboratories may provide analytical control services to individuals and cooperative cannabis social clubs, always in accordance with Article 49 of this law.

TITLE XI: Import and export in the regulated market.

Article 85. Import of cannabis products.

An individual may import into Spain for personal consumption, provided that export for this purpose is authorised in the country of origin, up to a maximum of one of the following four options:

a) 100 grams of cannabis. b) 30 grams of cannabis extracts. c) Products made with cannabis with a maximum THC content of 10 grams. d) The sum of possible proportional combinations of the above products.

Any import above these amounts may only be carried out by companies holding a commercial import licence, which shall be regulated by regulation. Such imports shall be subject to the tax and customs charges determined by law.

Imports may only come from a State with a legally regulated market with which Spain has mutual legal recognition for import activities.

Article 86. Export of cannabis products.

The export of cannabis products produced in Spain shall require a commercial export licence, which shall be regulated by regulation. Such exports shall be subject to the tax and customs charges determined by law.

Exports may only be made to a State with a legally regulated market with which Spain has mutual legal recognition for export activities.

TITLE XII: Advertising, promotion and sponsorship of cannabis products.

Article 87. General provisions.

All advertising, promotion and sponsorship of cannabis products in any medium, media outlet, internet or social network is prohibited, even if aimed at adults, except as provided in this law.

Article 88. Exceptions for the advertising and promotion of cannabis products to adults.

The general prohibition in Article 87 shall not apply to the advertising, promotion and sponsorship of cannabis products to adults provided that:

a) It takes place between professionals of companies holding regulated cannabis market licences. b) It takes place at cannabis-specific trade events, cups, competitions, fairs, media or outlets, provided they are not accessible to minors. c) The advertising information has been requested in advance or by subscription, with the express consent of the adult requesting it.

In all the cases in point 1 of this article, any form of communication, commercial action or advertising that uses the image of women, directly or indirectly, in a degrading or discriminatory way is prohibited, in accordance with Organic Law 3/2007 of 22 March on effective equality between women and men, Law 34/1988 of 11 November on General Advertising and Organic Law 1/2004 of 28 December on Comprehensive Protection Measures against Gender-based Violence.

Article 89. Outdoor advertising by legal entities holding regulated market licences.

Outdoor advertising in any format is prohibited at all premises of legal entities holding the licences regulated in this law and its implementing regulations.

The premises of legal entities holding the licences regulated in this law and its implementing regulations must be identified with a badge showing the name of the organisation, the type and number of licence and the AECRIC logo. The format of the badge shall be defined by the AECRIC by regulation.

TITLE XIII: Tax measures.

Article 90. Special tax on cannabis products.

The following shall be subject to a special tax, the Special Tax on Cannabis Products (IEPC), in accordance with the principles and rules of Law 38/1992 on Excise Duties, provided they do not conflict with the provisions of this law:

a) Purchases by consumers of cannabis products from companies holding licences for access to cannabis products. b) Services and sales of cannabis products between companies holding regulated cannabis market licences.

The special tax must be graduated according to the total THC content of the cannabis products put on sale.

The special tax shall be set by the Tax Agency for the various activities set out in letters a) and b) of point 1 of this article.

The Tax Agency must periodically adjust the special tax up or down in order to achieve an effective transition of consumers to the regulated market.

Two thirds of the special tax collected must be allocated to budget items relating to education, health and the 2030 Agenda.

On the basis of the traceability of cannabis products established in Article 53 of this law, for all products where:

a) Indoor cultivation has been used at any point in their production cycle, the tax rate set by the Tax Agency for each type of product shall be increased by five points. The revenue from the additional five per cent of the special tax must be allocated to budget items relating to the ecological transition. b) They have been produced in any province with a population density below one hundred inhabitants per square kilometre, according to National Statistics Institute (INE) data, the tax rate set by the Tax Agency for each type of product shall be reduced by five points.

For cannabis products legally imported from other countries for sale in Spain, unless an agreement, convention or rule provides otherwise, the special tax shall be increased by fifteen points above the rate set by the Tax Agency for each type of product.

Article 91. Management and collection of the Special Tax on cannabis products.

The Autonomous Communities shall be responsible for collecting and managing the special tax, the amount of which shall be published periodically by the State Agency of Public Administration.

TITLE XIV: Offences.

Article 92. General provisions.

Any act or omission contrary to this law and its implementing regulations constitutes an administrative offence.

The offences shall be defined by the AECRIC by regulation.

If, after the appropriate investigations to identify the offender or offenders, it is not possible to determine the degree of involvement of the various persons who took part in committing the offence, liability shall lie with the legal entity holding the licence and, in the case of individuals, with the holder of the location where the offence took place.

The administrative offences established by regulation in implementing this law shall be classified as minor, serious or very serious.

Article 93. Power to impose penalties.

The Board of Directors of the AECRIC shall have exclusive power to impose the penalties established in this law for the offences defined by regulation by the AECRIC.

In all matters not provided for in this law, the power to impose penalties regulated herein shall be exercised in accordance with Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure, or any laws supplementing or updating it, without prejudice to any civil, criminal or other liability that may be incurred.

In penalty proceedings for serious or very serious offences, in accordance with Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure and its implementing rules, and without prejudice to those that may be established by the rules of the Autonomous Communities, the provisional measures provided for in those rules may be adopted where necessary to ensure the effectiveness of the final decision, the proper conduct of the proceedings, to prevent the effects of the offence from continuing and to meet the requirements of the general interest.

Article 94. Multiple offences.

Where several offences are penalised in the same proceedings, the penalty for the most serious offence shall be imposed in its upper half, provided that this penalty does not exceed the sum of the penalties that would have applied to the offences committed separately.

Article 95. Limitation period for offences.

Offences established by regulation under this law shall become time-barred after they are committed:

a) After one year for minor offences. b) After two years for serious offences. c) After four years for very serious offences.

The limitation period for offences shall begin to run from the day on which they were committed.

Article 96. Persons liable for offences.

The following shall be liable for the various offences regulated by the AECRIC by regulation:

a) Individuals who commit the acts defined as offences. b) The legal representatives of legal entities holding the licences regulated in this law and its implementing regulations, without prejudice to corporate liability under the penalty regime of this law.

In the case of offences relating to the advertising, promotion and sponsorship of cannabis products, the beneficiaries of the advertising, promotion or sponsorship shall also be liable where their involvement in the offence is proven, meaning both the owner of the brand or product advertised and the owner of the establishment or space where the advertising was displayed, as well as, where applicable, the advertising company and the sponsor.

TITLE XV: Penalties.

Article 97. Penalties.

Any act or omission contrary to this law and its implementing regulations may be penalised with:

A warning.

A fine.

Suspension of activity.

Loss of the licence.

Dissolution of the legal entity.

Article 98. Classification of penalties.

Minor offences shall be penalised with a warning and/or a fine of 300 to 6,000 euros and/or suspension of activity for 1 to 6 months.

Serious offences shall be penalised with a fine of 6,001 to 60,000 euros and/or suspension of activity for 6 months to 1 year.

Very serious offences shall be penalised with a fine of 60,001 to 300,000 euros and/or suspension of activity for 1 to 3 years and/or loss of the licence and/or dissolution of the legal entity.

Fines shall be divided into two halves, lower and upper. Penalties of suspension of activity shall be divided into two halves, lower and upper.

Article 99. Criteria for grading penalties.

The penalties provided for in Article 98 shall be imposed in accordance with the principle of proportionality and the following grading criteria:

Repetition.

Extent of the harm caused.

Extent of the risk created.

Use of minors or persons without full legal capacity, in need of special protection or in a vulnerable situation.

Financial gain obtained.

The offender’s financial capacity.

Article 100. Repeat offending.

Repeat offending occurs when an offence is committed after a penalty has been imposed by a final decision for an offence of the same nature.

Where three penalties of the same nature accumulate, minor offences shall be penalised as serious, serious offences as very serious, and very serious offences with the maximum penalty.

Article 101. Central Register of Offences against the Law on the Comprehensive Regulation and Control of Cannabis for Adults.

1. Solely for the purpose of assessing repeat offending in the commission of offences defined in this law, a Central Register of Offences against the Law on the Comprehensive Regulation and Control of Cannabis for Adults is hereby created, attached to the AECRIC. 2. The AECRIC shall regulate by regulation the organisation and functioning of the Central Register of Offences, in which only the following entries shall be made: a) For offending legal entities, their identification data and the personal data of their legal representative. b) For individuals, the offender’s personal data. c) The offence committed. d) The penalty or penalties imposed that are final in administrative proceedings, stating their duration where applicable. e) Place and date of the offence.

Individuals or legal entities on whom a penalty that has become final in administrative proceedings has been imposed shall be informed that the corresponding entries will be made in the Central Register of Offences. They may request access to, deletion or rectification of their data in accordance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights. Entries shall be deleted automatically after four years for very serious offences, two years for serious offences and one year for minor offences, counting from the date the penalty became final.
The AECRIC shall enter in the Central Register of Offences the penalty decisions issued once they are final in administrative proceedings.

Article 102. Confiscation and destruction of cannabis products.

In the case of very serious offences involving loss of the licence, the cannabis products stored or in production by the offending individual or legal entity shall be confiscated and destroyed.

Article 103. Substitution of penalties.

Where penalties are imposed for minor offences, and provided there is no repeat offending, the competent authority may agree, at the request of the offender or the director or legal representative of the legal entity, to replace the penalty imposed with community work or activities.

Article 104. Procedure for substituting penalties.

The procedure shall begin when the offender or their legal representative applies to the body that imposed the penalty for it to be replaced by the measures set out in the previous article.

A favourable decision on substitution, which shall be issued within a maximum of fifteen days of receipt of the application, shall suspend the limitation period of the penalty for the expected duration of the substitute measure.

During the substitute measure, the competent authority shall carry out such monitoring as it sees fit of attendance and results in the corresponding tasks.

If the information gathered shows that the offender has satisfactorily completed the substitute measure, the competent authority shall consider the penalty or penalties imposed to have been served.

Total or partial failure to complete the substitute measure may lead to the originally imposed penalty being enforced, unless the failure was due to force majeure.

Article 105. Expiry of penalties.

1. Penalties imposed under the penalty regime of this law shall expire, from the time they became final: a) After four years, those imposed for very serious offences. b) After two years, those imposed for serious offences. c) After one year, those imposed for minor offences. 2. The expiry period shall be calculated from the day after the decision imposing the penalty becomes final in administrative proceedings. 3. Expiry shall be interrupted by the start, with the knowledge of the person concerned, of enforcement proceedings, and the period shall start running again if those proceedings are halted for more than one month for reasons not attributable to the offender.

TITLE XVI: Penalty procedure.

Article 106. Initiation of penalty proceedings.

Penalty proceedings for offences defined by regulation in implementing this law shall be initiated ex officio by decision of the competent body, adopted:

a) On the basis of an offence report resulting from the AECRIC’s inspection activity. b) On the basis of a communication from the authority or administrative body that became aware of the possible offence. c) On the basis of a complaint made by professional organisations in the sector, consumer organisations or any citizen. For these purposes, complaint forms shall be considered formal complaints.

Before initiating penalty proceedings, the competent body may order any actions necessary to determine preliminarily whether there are circumstances justifying their initiation.

The decision to initiate shall be communicated to the investigating officer, together with all actions carried out, and notified to the complainant and the persons concerned in the proceedings.

In penalty proceedings for offences defined by regulation in implementing this law, persons concerned shall include, in addition to those allegedly responsible for the offences, the individuals or legal entities directly harmed by them.

Article 107. Precautionary measures.

Once penalty proceedings have been initiated, the competent body may adopt the precautionary measures essential to ensure the effectiveness of any decision that may be issued and to safeguard people’s health, safety and protection, as well as suspending the activity or licences until a final decision is issued.

In particular, if the facts that led to the initiation of penalty proceedings breach legally established requirements in such a way as to create a serious health risk, suspension of the activity shall be adopted as a precautionary measure in both cases.

Article 108. Decision in penalty proceedings.

The maximum period within which the decision in penalty proceedings must be notified shall be one year from the date of the decision to initiate them.

If the conduct penalised has caused damage or harm to the administration, the decision may require the offender to restore the situation altered by the offence to its original state and to pay compensation for the damage and harm caused.

If the penalty was due to the activity or establishment failing to meet the requirements of the regulations in force, the penalty decision shall include a requirement, with a sufficient deadline for compliance, for the penalised individual or legal entity to take the necessary action to regularise the situation of the activity or establishment it owns.

Article 109. Effects of the decision.

Within the General State Administration, the decision in penalty proceedings may be appealed in accordance with Law 30/1992 of 26 November. An application for judicial review may be lodged against the decision ending the administrative procedure, where applicable through the procedure for the protection of fundamental rights, under Law 29/1998 of 13 July regulating the Contentious-Administrative Jurisdiction.

Article 110. Expiry of penalty proceedings.

Proceedings shall expire one year after their initiation if no decision has been notified, on the terms and with the effects provided in the legislation on common administrative procedure. The calculation must take into account any stoppages, causes attributable to the person concerned, or any suspension that must be ordered because of criminal court proceedings involving the same person, facts and grounds, until those proceedings end.

The decision declaring expiry shall be notified to the individual or legal entity concerned and shall end the proceedings, without prejudice to the administration’s ability to initiate new proceedings as long as the offence is not time-barred. Expired proceedings shall not interrupt the limitation period.

Article 111. Subsidiary nature of administrative penalty proceedings with respect to criminal proceedings.

Acts that have already been penalised under criminal or administrative law may not be penalised where the person, facts and grounds are the same.

Where the conduct under investigation may constitute a criminal offence, the AECRIC shall, within no more than one week, report it to the Judicial Authority or the Public Prosecutor, providing all the information and documentation available at that time. In such cases, the penalty proceedings shall be suspended until a final judgment or other decision ending the criminal proceedings is issued, or until the Public Prosecutor decides that criminal proceedings should not be initiated or continued, and the limitation period shall be interrupted until then.

The Judicial Authority and the Public Prosecutor shall inform the AECRIC of the decision or agreement they have adopted.

If no criminal offence is found, or if another type of decision ending the criminal proceedings is issued, the penalty proceedings may be initiated or continued. In any event, the AECRIC shall be bound by the facts found proven by the courts.

Precautionary measures adopted before judicial intervention may be maintained unless the judicial authority decides otherwise.

Provisions

Additional provisions.

First additional provision. Amendment of Law 17/1967 of 8 April updating the rules in force on narcotic drugs.

A new third additional provision is added to Law 17/1967 of 8 April updating the rules in force on narcotic drugs and adapting them to the 1961 United Nations Convention, worded as follows:

“Third.

To all activities relating to:

The cycle of production, processing, extraction, manufacture, preparation, marketing, sale, non-medical and non-therapeutic dispensing, purchase, collection, possession, holding, traceability, quality control, transport, import, export, transit, deposit, storage, distribution, imposition of any tax measure, fees, penalties, definition of offences, penalty proceedings, intervention, control, surveillance or any others regulated in the Law on the Comprehensive Regulation and Control of Cannabis for Adults;

in respect of:

the cannabis plant, its leaves, its flowering or fruiting tops, its resin-bearing leaves surrounding the flowering or fruiting tops, its resins, extracts, oils, extractions and active ingredients, especially delta-9-tetrahydrocannabinol and its stereochemical variants;

intended for adults for:

personal, shared or cooperative use or consumption, for purposes other than medicinal, therapeutic, medical or pharmaceutical;

the provisions of this law and of the regulations and rules of equal rank implementing it shall not apply; these shall be governed entirely and exclusively by the Law on the Comprehensive Regulation and Control of Cannabis for Adults, with exclusive competence lying with the Spanish Agency for the Control of Comprehensive Cannabis Regulation (AECRIC).”

Second additional provision. Amendment of Law 28/2005 of 26 December on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products.

A fourteenth additional provision is added to Law 28/2005 of 26 December on health measures against smoking and regulating the sale, supply, consumption and advertising of tobacco products, worded as follows:

“Fourteenth additional provision. Consumption spaces authorised under the Law on the Comprehensive Regulation and Control of Cannabis for Adults.

In consumption spaces legally authorised under the Law on the Comprehensive Regulation and Control of Cannabis for Adults, the smoking ban in this law shall not apply, provided smoking takes place inside these spaces and no staff of the legal entity where the consumption space is located are present.

Under no circumstances shall minors be allowed into these consumption spaces or the premises of the legal entities in which they are located.”

Third additional provision. Creation of specific tax headings in the Register of Economic Activities for Grow Shops and distributors of cannabis cultivation products.

The Ministry of Finance is empowered to create two new tax headings in the Register of Economic Activities: one for Grow Shops and another for distributors of cannabis cultivation products.

Fourth additional provision. Lawful acts, cases and activities.

All acts, cases and activities covered by the Law on the Comprehensive Regulation and Control of Cannabis for Adults are considered lawful; therefore, from its entry into force and in relation: 1. To Article 36.16 of Organic Law 4/2015 of 30 March on the Protection of Public Security, specifically for unlawful possession of cannabis products in public places, streets, establishments or public transport: a) Penalties imposed by final decisions that have not been enforced shall be annulled and the penalty proceedings closed. b) Ongoing penalty proceedings shall be closed. c) All persons penalised in these cases shall be removed from the Central Register of Offenders. 2. To Article 2.2 of Organic Law 10/1995 of 23 November on the Criminal Code: a) Persons imprisoned under court decisions, whether or not final, whose proven facts can be considered to fall within the cases and activities covered by this law shall be released. b) Pending court proceedings in which, once the investigation stage has ended, a reasoned court decision finds that the conduct that gave rise to the proceedings falls within the cases and activities covered by this law shall be closed. c) Where, in the case of point b), the persons under investigation are in pre-trial detention before the end of the investigation stage, they shall be released pending a reasoned court decision on whether the proceedings continue. d) In the cases of points b) and c), where the proceedings have gone beyond the investigation stage, the competent judge shall issue a reasoned decision on whether the proceedings continue. e) In all the cases of points a), b), c) or d), the police records of the persons concerned shall be erased. f) In all the cases of point a) of this article and in all proceedings with final convictions for conduct whose proven facts can be considered to fall within the cases and activities covered by this law, the criminal records of the convicted persons shall be erased.

Repealing provisions.

First repealing provision. Place in the legal system.

All provisions of equal or lower rank that conflict with this law are hereby repealed.

Final provisions.

First final provision. Nature of this law.

This law is an ordinary law.

Second final provision. Constitutional basis of competence.

This law is enacted under Article 149.1.1, 6, 9, 10, 18, 23 and 27 of the Spanish Constitution.

Third final provision. Authorisation for the Government.

The Government, within its powers:

Shall issue the provisions necessary to implement and apply this law.
Shall submit, within no more than four months, a bill creating a new special tax on cannabis products in accordance with Title XIII of this law.

Fourth final provision. Budget changes.

The Government shall make the appropriate budget changes to comply with and apply this law.

Fifth final provision. Implementing regulations.

The regulations needed for the proper implementation of and compliance with this law must enter into force on the same day as the law enters fully into force.

Sixth final provision. Entry into force.

This law shall enter into force on the first of January of the year following its publication, except for the provisions of Title I, Title II, Title III, Articles 19, 21 and 23 of Title IV, Title V, the rules in Chapter I of Title VI, the First and Third Additional Provisions, point one of the Fourth Additional Provision, and the Third, Fourth and Fifth Final Provisions, which shall enter into force upon publication.

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