Portugal: Liberal Initiative submits bill to Parliament to legalize adult use of cannabis

The deputies of the political party Iniciativa Liberal marked April 20 (4:20) 2023 with the submission of a bill in the Assembly of the Republic that proposes the legalization of cannabis for recreational purposes in Portugal. The document proposes the creation of “a free, open and competitive market for goods and services based on non-medicinal cannabis” and provides for the possibility of self-cultivation. However, the calendar for the Plenary does not foresee the discussion of this diploma before June. The Bloco de Esquerda had already advanced to the Cannareporter that its bill should be submitted to Parliament in September.

"A Matter of Personal Liberty". Thus begins the bill that IL submitted today to the Portuguese Parliament and which promises to bring cannabis back to the Assembly of the Republic, kicking off legalization and anticipating the Left Bloc. The bill brings up for discussion the legalization of the cultivation, transformation, distribution, commercialization, acquisition and possession for personal consumption, without medical prescription, of the plant, substances and preparations of cannabis.

O bill 735/XV/1 was filed today, 20 April in Parliament, marking the international celebration of cannabis culture. Its objective is to create a free, open and competitive market for goods and services based on non-medicinal cannabis. The proposal refers the authorizations to the Directorate General for Food and Veterinary Medicine (DGAV), in the cultivation, manufacturing, wholesale, import and export activities. In the case of wholesale trade, it is subject to authorization from the General Directorate of Economic Activities and mandatory communication to Infarmed IP. In the case of cultivation for personal purposes, the proposal does not include any type of registration or authorization.

In the IL proposal, traders will be free to develop and commercialize any products, namely through cannabis in its botanical forms and direct derivatives, mixture of cannabis with tobacco or other smokeable substances, including electronic smoke, recombination of cannabis in the form of beverages, including caffeinated or alcoholic beverages, recombination of cannabis in the form of edibles and also products containing ingredients or additives aimed at altering the character of the product, namely aromas, flavors, aesthetics or the profile of psychotropic effects.

However, the diploma also proposes the possibility of limiting potency by setting THC limits on products to be marketed, while creating similar exclusion conditions for sale to minors under 18 years of age, people with a mental disorder or who are visibly intoxicated. .

Self-cultivation: restricted to authorized seeds

The IL bill, despite allowing cultivation for personal use, includes some provisions regarding quantitative limits on housing. Likewise, it restricts the free use of seeds by consumers, preferring the use of authorized seeds.

In this way, those whose objective is to carry out self-cultivation will be limited by the authorized seeds and must acquire them in establishments licensed for the purpose. The draft law is still unclear with regard to the carrying out of seed marketing activities and breeding itself (creation of cultivars by crossing).

The sale or any commercial use of the product obtained by self-cultivation is also prohibited and the government may limit the concentration of THC in seeds for personal cultivation, through an ordinance, which, although hardly feasible, completely closes the path the exchange of seeds between growers and the development of specific genetics adapted to each geographic space.

On the other hand, the diploma proposes to increase the maximum values ​​foreseen for possession, also allowing online sales. A label is proposed for packages of cannabis products that contain information about the components and ingredients present in the respective product, including provenance, respective amounts and concentrations, the concentration of THC and CBD and the expected effects of consuming the product. It should also provide warnings and information about potential health consequences, including useful contacts for medical assistance.

The Assembly of the Republic's calendar does not yet provide for a plenary discussion of this diploma, and it is not known whether any other parliamentary group will come forward with proposals on this matter. The bill was already expected, after the statements outside São Bento, during the March for Cannabis, when deputy Rodrigo Saraiva stated that it could be in 2023 that cannabis would return to parliament.

Now, the proposals are back and the discussion could take place as early as June.

Read the IL bill at the link below: