Spanish leaders are on the brink of legalizing medical marijuana and allowing tens of millions of adults to access the controversial drug. A Royal Decree that is expected to be signed and delivered before next summer will legalize medical cannabis in the country, adding Spain to the list of over 40 nations that have legalized the drug for either medical or recreational use.
But while marijuana enthusiasts in Spain have declared their approval of the move, some critics say the medical marijuana legalization measure is half-baked and could have achieved more. The European Commission received Spain’s draft Royal Decree for medical marijuana legalization from the Spanish Ministry of Health and will have three months to approve the Decree before forwarding it to the Council of State.
If there are no roadblocks, Spain could roll out the final decree in a little under half a year, finally capping the country’s long and often frustrating journey to cannabis reform. Political resistance from the Socialist Party (PSOE) was largely responsible for Spain’s glacial pace in cannabis reform compared to other countries in the European Union (EU).
Legalization opponents raised concerns about the side effects and safety of cannabis as well as the drug’s overall impact on Spanish society. Even so, patient campaigners and cannabis advocacy groups consistently campaigned for cannabis reform until the Parliament allowed research into medical marijuana in 2021, finally bringing the country a step closer to legalization.
Several countries, including dozens of states in the U.S., and Canada have already approved the use of medical marijuana in the treatment of over a dozen qualifying medical conditions. Spain’s medical marijuana proposal would include the following in its qualifying conditions list; chronic therapy-resistant pain, chemotherapy-caused nausea and vomiting, severe, therapy-resistant epilepsy, and other conditions that are scientifically proven to respond to cannabis-based treatments.
Even though the Ministry of Health has indicated that the list could expand in the future as scientific evidence of marijuana’s medical benefits grows, patient groups say it is way too limited already. However, this seems to be a feature rather than a bug as the Royal Decree lays out a program with major restrictions. The Spanish Ministry of Health seeks to launch a tightly regulated medical marijuana program that doesn’t allow cannabis flower or home cultivation for medical cannabis patients.
Rather than cannabis flower, patients will have to purchase cannabis-infused products from pharmacies, a fact that has raised questions over affordability and availability. The Decree also seems to contradict existing cannabis cultivation laws. While Spain allows home cultivation for personal use as long as the plants are kept out of public view on private property, the medical cannabis proposal prohibits home cultivation for medical marijuana patients.
The most apt interpretation would be that medical cannabis patients won’t be allowed to grow marijuana at home for medical use while recreational users can continue growing the drug as long as they follow Spain’s strict marijuana cultivation laws, suggesting a medical marijuana program that would be more restrictive than Spain’s adult use policies.
If Spain finally launches its medical marijuana program, business opportunities could open up for international firms like TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) that may be looking to expand their footprint in different markets.
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