jueves, 12 de diciembre de 2013


THIS IS AN AUTOMATIC TRUDUCTION OF THE PROYECT LAW APROVED ON 11/12/2013 THE SOURCE OF THIS LAW IN SPANISH IS ON http://www.regulacionresponsable.org.uy/proyectoLeyRegulacion.pdf


The House Representatives of the Republic of Uruguay, at a meeting held today, has sanctioned the following
Article 1 -. Hereby declared of public interest actions aimed to protect, promote and improve the public health of the population through a policy to minimize risks and reduce damage use of cannabis, which promotes proper information, education and prevention, the consequences and harmful effects associated with tobacco use and the treatment, rehabilitation and reintegration social of problem drug users.

Article 2 -. Notwithstanding the provisions of Decree-Law N º 14.294, of October 31, 1974 and its amending laws, the State will assume control and regulation of import activities, export, planting, growing, harvesting, production, acquisition any security, storage, marketing and distribution cannabis and its derivatives, or hemp when appropriate, through the institutions to which grants legal mandate, in accordance with the provisions of this Act and the terms and conditions set about regulation.


Article 3 - . Everyone has the right to the most highest attainable standard of health, enjoyment of public spaces safe conditions and improved living conditions and prevention , treatment and rehabilitation of diseases, Pursuant to various agreements, covenants, declarations, protocols and conventions ratified by law, ensuring full exercise of their rights and freedoms enshrined in the Constitution of the Republic , subject to the emerging limitations of Article 10 thereof.

 Article 4 - . This law aims to protect inhabitants of the country of the risks involved with trading the link illegal drug trafficking and looking through state intervention , attack the devastating health, social and economic consequences the problematic use of psychoactive substances and reducing incidence of drug trafficking and organized crime .

To this end, measures to control and have regulation of psychoactive cannabis and its derivatives, as well as those that seek to educate, raise awareness and prevent society from risks health of cannabis use, particularly as it has with the development of addictions. Priority will be given to promote attitudes to life, healthy habits and welfare of the community, taking into account the guidelines of the World Health Organization to consumption of different types of psychoactive substances.


  Article 5 -. Replacing Article 3 of Decree-Law No. 14.294, of October 31, 1974, as amended by Article 1 of the Law No. 17.016, of October 22, 1998, by the following:
"ARTICLE 3 -. Shall be prohibited planting, cultivation, harvesting and marketing of any plant which can drugs and other substances extracted to determine physical or psychological dependence, with the following exceptions:
A)     When operated exclusively for purposes of research scientific, for the manufacture of therapeutic products medical use. Plantations or crops, in which case must be previously authorized by the Ministry of Public Health and will be under their direct control.
Dealing specifically with cannabis plantations or crops must be previously authorized by the Institute Regulation and Control of Cannabis (IRCCA), and will be under their direct control, subject to the controllers that legislation grants to the agencieswithin the scope of their respective powers.

B)      Planting, growing and harvesting and the industrialization and sale of psychoactive cannabis other purposes, provided it is done in the framework of the current legislation and authorization IRCCA, falling under its direct control.  Means psychoactive cannabis to the tops with or without fruit flowering of the female plant cannabis, except seeds and stem leaves separated, including their oils, extracts, preparations potential pharmaceutical, syrups and the like use, the contents of tetrahydrocannabinol (THC) natural, is less than 1% (one percent) of its volume.

C)      Planting, growing and harvesting and the industrialization and commercialization of cannabis use not psychoactive (hemp). Plantations or crops, such case, must be previously authorized by the Ministry of Livestock, Agriculture and Fisheries and will be under their control Direct.  Means of non-psychoactive cannabis use (hemp) to plants or plant parts of the genera Cannabis, the leaves and flowering tops, which do not contain more than 1% (one percent) of THC, including those derived from such Plants and parts of plants.  The seeds of varieties of non-psychoactive hemp use shall not exceed 0.5% (zero point five percent) of THC.

D)     Planting, cultivation, harvesting, gathering end research and industrialization for use pharmacist, provided it is done in the framework of the legislation in force and ACCORDING to the stipulations of the Regulations, and must have prior authorization from Their IRCCA Remained under direct control.

E)      Planting, growing and harvesting plants household psychoactive effect of cannabis intended for consumption personal or shared home. Notwithstanding the foregoing is meant for personal consumption or shared in the home, planting, growing and harvesting of domestic up to six cannabis plants and psychoactive effect Product of the preceding collection to planting a maximum of 480 grams per year.

F)      The planting, cultivation and harvesting cannabis plants psychoactive effect made ​​by membership clubs, the to be controlled by the IRCCA. These clubs should be authorized by the Executive in accordance with the force, and how legislation and conditions establish the regulations issued in this regard. Membership clubs must have a minimum of fifteen a maximum of forty-five members. They may be planted to - Four-ninety-nine plants psychoactive cannabis use and obtained as a result of the collection of planting one maximum annual gathering proportional to the number of partners and according to the amount that might be established for use not psychoactive medicinal cannabis.

G)     The licenses granted IRCCA sale of cannabis psychoactive pharmacies (according to Decree-Law No. 15,703, of January 11, 1985 and its amending laws) under the conditions set out in legislation force and the process and requirements that the parties lays regulation. The sale of psychoactive cannabis for personal consumption require is credited to the relevant register as laid down in Article 8 of this Law, in accordance with the legal provisions, while the dispensing for medical use will require a prescription. The sale of psychoactive cannabis for medicinal use no may exceed 40 grams per month per user.

H)     Any unauthorized planting must be destroyed with intervention of the competent judge. The Government shall regulate the provisions of the preceding paragraphs, including mechanisms of access to seeds, which being intended for plantations psychoactive cannabis for personal consumption under current legislation, be considered in all cases as lawful activity. This regulation is without prejudice to the controllers that the current legislation provides for all planting or cultivation that takes place in the country, in that might become applicable. Also establish regulations safety standards and conditions of use crops for licensing purposes specified in subparagraphs precedents. Marijuana resulting from harvesting and cultivation of plantation referred to in subparagraphs B), D) and E) of this Article can not be pressed.

Article 6 - . Replacing Article 30 of Decree –Law N º 14.294 , of October 31, 1974 , as amended by section 3 of the Law No. 17.016 , of October 22, 1998 , by the following:
"ARTICLE 30 - . Whoever, without lawful authority , produjere of Either way the raw materials or substances , as the cases , capable of causing mental or physical dependence ,contained in the lists referred to in Article 1 a, precursors chemicals and other chemicals contained in Tables 1 and 2 of this law , as well as to determine the power Executive in accordance with the authority contained in Article 15 of the
this Act , shall be punished by imprisonment for twenty months ten years of imprisonment.
Relieved of responsibility who produces marijuana by planting , growing and harvesting of plants psychoactive effect of cannabis in terms of the provisions
article 3 of this law . The target refers to the literal E) of Article 3 shall be reviewed , if necessary , by Judge competently and in accordance with the rules of sound criticism , if the amounts referred to therein are overcome " .

Article 7 -. Replacing Article 31 of Decree-Law No. 14.294, of October 31, 1974, as amended by Article 3 of the Law No. 17.016, of October 22, 1998, by the following:

"ARTICLE 31 -. Whoever without lawful authority, we import, exportare, introdujere transit, distributes, transports, he has in his possession not for consumption, regardless of depositary them in stock, possesseth, negotiates or offers for sale any
Similarly, some of the raw materials, substances, precursors chemicals and other chemical products referred to in Article above and in accordance with the provisions thereof, shall be punished with the same penalty under that provision.
Relieved of responsibility which will transport, hath held, regardless depositary possesseth them in stock or an amount intended for personal consumption, which will be assessed by the Judge accordance with the rules of sound criticism.
Notwithstanding the foregoing, it is understood as intended to amount personal consumption to 40 grams of marijuana. It also does not- June-will look achieved by the provisions of the first paragraph this article in your household has in his possession, man be custodian harvest them in stock or owns up to six cannabis plants psychoactive effect obtained according to as provided in paragraph E) of Article 3 of this law, or in the case of harvest to the members of a club membership in accordance with the provisions of subparagraph 

F) Article 3 of this Law and the relevant regulations. "
Article 8 - . Case of cannabis , the Institute of Regulation and Cannabis Control take out a search for exceptions provided for in paragraphs A) , B ), C ), D ), E ), F ) and G) of Article 3
Decree - Law No. 14.294 , of October 31, 1974 , as amended by Article 5 of the present law.
The characteristics of such records shall be regulation by the Executive. Information regarding the identity of the holders of the acts Registration shall be considered sensitive information to the provisions of literals E) and F) of Article 5 of this Law , in accordance with the provisions of Article 18 of Law No. 18.331 of 11 August 2008 . Registration crop , under current legislation , be prerequisite to invoking the provisions of the this Act. Completed one hundred and eighty days from the start functioning of that registration, you will not have cost to users and will be done to ensure traceability and control crop plantations are only accepted records to be made


  Article 9 -. The National Integrated Health System must have of relevant policies and devices for promoting health, prevention of problematic use of cannabis, as well as providing devices suitable care for advice, counseling and treatment of problematic users cannabis that require it. In cities with population greater than ten thousand inhabitants They installed devices information, counseling, diagnosis, referral, care, rehabilitation and treatment and insertion of problematic drug users, the management, administration and I will be running by the National Drug and may Subscribe to this effect agreements with the Administration State Health Services and health institutions private, local governments, municipalities and organizations civil society.

Article 10 -. The National System of Public Education shall have educational policies for the promotion of health, prevention of problematic use of cannabis from the perspective of development of life skills and under policies risk management and harm reduction of problematic use of psychoactive substances.
Such policies include educational curricular inclusion in primary education, secondary education and technical education (UTU) in order to prevent the damage that occurs on consumption of drugs, including cannabis. The National Board of Public Education decide on how to implement this provision.
It will be mandatory to include discipline "Use Prevention Problematic Drug "on program  roposals and curricula for initial, primary, secondary, technical and vocational education and teaching and training at the Technological University. Within this discipline include spaces especially for road education and the incidence of consumption on psychoactive substances traffic accidents. 

 Article 11 -. Prohibits all forms of advertising, direct or indirect, promotion, sponsorship or endorsement of cannabis products psychoactive and by any of the various media: print, radio, TV, movies, magazines, films in Overall, posters, billboards on public roads, flyers, banners, email, Internet technologies, and by any other means suitable.

Article 12 -. The National Drug Board is required to make educational, publicity and outreach and awareness campaigns the general population about the risks, and potential effects harms of using drugs, for which funding may make and agreements with state enterprises and the private sector. 

Article 13 -. Shall apply to cannabis psychoactive protective measures spaces provided for in Article 3 º of Law No. 18.256, of March 6, 2008.

Article 14 -. Persons under 18 years of age and unable not be access the psychoactive cannabis for recreational use. The violation of the provisions above shall entail criminal liability will provided by Decree-Law No. 14.294, of October 31, 1974, in the amended by Law No. 17.016, of October 22, 1988, and the this Act.

Article 15 -. Accordance with the provisions of Article 46 of Law No. 18,191, of November 14, 2007, every driver is disabled to drive in urban, suburban or rural country, when the concentration of tetrahydrocannabinol (THC) in the body is higher than allowed according to the regulations to be issued thereon.
The National Drugs provide training, advice and necessary inputs to officials specially designated end, the Ministry of Interior, the Ministry of Transport and Public Works of Municipalities, Municipalities and National Naval Prefecture, in order to make the procedures and methods established by the comptroller expressly competent authorities for the purposes specified in the preceding paragraph, in their jurisdictions and according to their respective powers. Such examinations and tests may be ratified by blood tests, or other clinical or laboratory test results for the system providers National Integrated Health.
The driver who was driving vehicle check contravention THC limits referring to the first paragraph of this article shall be liable to the penalties provided in subsection second Article 46 of Law 18,191, of November 14, 2007.

Article 16 -. The State educational institutions referred to in Article 10, the institutions providing System National Integrated Health and parastatal organizations and civil society with legal force, may apply to the National Drug training, counseling and eventually human and material for the purpose of performing procedures and resources controllers similar to those defined in Article 15 of this law, preventive and educational purposes of risk reduction.
The procedures and controllers referring to the previous paragraph, may be applied only in cases of true risk physical or psychological integrity of others, under the conditions determine the regulations.


  Article 17 -. Believe the Institute of Regulation and Control Cannabis (IRCCA) as a legal entity of public law no state.
  Article 18 -. Institute for Regulation and Control of Cannabis priorities will be:
A)     Regular activities of planting, growing, harvesting,production, processing, storage, distribution and sale of cannabis, under the provisions of this Act and the legislation.
B)      Promote and propose actions to reduce risks and the harms associated with problematic use of cannabis, according to the policies defined by the National Drug and coordination with national and departmental authorities.
C)      Monitor compliance with the provisions of this law office.
Article 19 -. Compete for National Drug fixing national cannabis policy objectives asI set out in the previous article, counting with the advice of the Institute of Regulation and Control of Cannabis (IRCCA). This will adjust its performance to that national policy. The IRCCA will link and coordinate with the Executive Branch through Ministry of Public Health.


  Article 20 -. Bodies of the Institute of Regulation and Control Cannabis (IRCCA) will be:
A) Board of Directors.
B) Directorate.
C) National Advisory Board.
  Article 21 -. The Board shall be the chief of the Institute of Regulation and Control of Cannabis and its members shall be persons of recognized moral and technical capacity. Shall consist of:
- A representative of the National Drug Secretariat, the will preside.
- A representative of the Ministry of Livestock, Agriculture and Fishing.
- A representative of the Ministry of Social Development.
- A representative of the Ministry of Public Health.
The appointment of members of the Board include the their alternates.

 Article 22 -. The term of office of members of the Board shall be five years and may be reappointed for one consecutive term.
Retiring members shall serve until take new members appointed.
  Article 23 -. The Board shall fix his regime session. Decisions are taken by majority. In case of a tie, the Chairman shall have a casting vote.
  Article 24 -. There will be an Executive Director appointed by the majority Board, with the approval of the President. Its remuneration shall be fixed by the Board with the approval of Executive Branch and from the resources of the Institute of Regulation and Cannabis Control.
The Executive Director shall attend the meetings of the Board with voice but no vote.
  Article 25 -. The Executive Director will be hired for periods of three years renewable. For dismissal or non-renewal of contract I should have the majority vote of the Board, including the President.
Article 26 - . Honorary National Council shall be composed of one representative of each of the following state agencies : Ministry of Education and Culture, Ministry of Interior, Ministry of Economy and Finance, Ministry of Industry , Energy and Mining , a representative of the University of the Republic, a representative of Congress of Mayors , a representative of the club membership , a autocultivators representative associations , representative licensees . It will work in plenary with the members of the Board Directors and the Executive Director.
Representatives of membership clubs and associations autocultivators and licensees shall be appointed by the Power Executive a proposal from them. The regulations of this Act and any amendments may vary the integration of this Council, expanding the number of members .
The Council may be convened at the request of both the Board Directive on the request of three members.


  Article 27 -. They are tasks of the Institute of Regulation and Control Cannabis:
A) The control and supervision of the planting, cultivation, harvesting, production, storage, distribution and issue of cannabis, accordance with the provisions of this Act and the legislation, without prejudice to the powers attributed to other public bodies and authorities.
B) Advising the Executive:
1) the formulation and implementation of public policies designed to regulate and control the distribution, marketing, sale, offering and consumption cannabis.
2) In the development of strategies directed to delayed age of first use, the increase inperceived risk of misuse and the decrease in problematic use.
3) coordinating offers of cooperationart made ​​to the country in this area.
4) the contribution of scientific evidence, by research and evaluation of the strategy for orientation of public policies cannabis.
Article 28 -. They are functions of the Institute of Regulation and Control Cannabis:
A) To grant licenses to produce, process, collect, distribute and sell psychoactive cannabis and its extensions, changes, suspensions and deletions, as with the provisions of this Act and the regulations respective.
B) Create a user registry, protect their identity, maintaining anonymity and privacy in accordance with the current legislation and regulation respective. Information concerning the identity of the holders of record shall be considered acts of data responsive in accordance with the provisions of Article 18 Law No. 18.331, of August 11, 2008.
C) Place the self-cultivation of cannabis statements psychoactive accordance with applicable laws, this law and respective regulations.
D) To authorize cannabis clubs in accordance with membership current legislation and the respective regulation.
E) Going straight to government agencies to collect and receive information necessary for compliance with the tasks assigned.
F) enter into agreements with public or private institutions purposes of meeting its obligations, in particular with those who already have expertise in the subject assigned.
G) Monitor compliance with the provisions in force at the charge.
H) issue administrative acts necessary for the performance of their tasks.
I) Determine and apply appropriate sanctions for violations to regulatory standards established in this Act and its regulation.
J) enforce the sanctions imposed, for which purpose the records of its final resolutions constitute title executive. Final decisions are the expressed consent or tacitly sanctioned and denying the writ of replacement provisions of this law.
Article 29 -. The Board, in its capacity as the highest organ of administration of the Institute of Regulation and Control of Cannabis (IRCCA) shall have the following powers:
A) Project the General Regulations and subject to IRCCA approval from the Ministry of Public Health.
B) Approve the status of its employees within six months installation. The same will be governed, as expected, by rules of private law.
C) To appoint, transfer and dismissal of staff.
D) Set the cost of licenses, under the provisions of the previous article of this law.
E) Approve the budget and submit to the Executive for their knowledge, together with the plan.
F) To approve the plans, programs and special projects.
G) Increase memory and annual balance IRCCA.
H) Managing resources and assets IRCCA.
I) Acquire, encumber or dispose of all kinds of goods. When case of immovable property shall be resolved by majority especially at least three members.
J) Delegate the powers it deems appropriate by reasoned decision by a majority of its members.
K) In general, perform all civil and commercial activities, dictate the internal management acts and conduct physical operations inherent in its general powers administration in accordance with the roles and specialization of IRCCA.
  Article 30 -. The Executive Director shall have the following powers:
A) observe and enforce existing rules on the subject of competence of the Institute of Regulation and Control of Cannabis (IRCCA).
B) Run the plans, programs and resolutions adopted by the Board.
C) Perform all duties inherent in the personnel management and the internal organization of
D) Any other that the Board entrusted or delegated.

  Article 31 -. Honorary National Council, in its capacity as advisory body to the Institute of Regulation and Control of Cannabis (IRCCA), act:
A) Advise on the drafting of the General Rules of IRCCA.
B) Advising on the development of plans and programs as prior to approval.
C) Advising on all that the Board ask him.
D) I Sounding in any other matters relating to the duties IRCCA, when appropriate.


  Article 32 -. Shall constitute the resources of the Institute of Regulation Cannabis and Control (IRCCA):
A) Proceeds for permits and licenses, under of the provisions of this Act.
B) An annual State contribution under the General Revenue amount determined by the five-year budget. the Power Executive may amend this magnitude considering revenue performance IRCCA.
C) Inheritances, bequests and donations accepted the IRCCA.
D) The securities or property as may be assigned to any IRCCA title.
E) The proceeds of the fines and penalties that apply.
F) Any other resource that receives for enforcement force.
  Article 33 -. Administrative Comptroller Institute Cannabis Regulation and Control will be exercised by the Executive through the Ministry of Public Health. This controller is exercised for reasons of legality therefore as opportunity or convenience. To this end, the Executive may make observations creating relevant, and propose the suspension of acts observed and corrective or removals to consider the case.
Article 34 -. The Internal Audit Office shall exercise control over the financial management of the Institute of Regulation and Cannabis Control, must refer to the same surrender accounts and budget balance within ninety days the end of each year. The regulations of this law shall determine the form and date of balances, closing them and their advertising.
Article 35 -. Against decisions of the Board proceed the application for reconsideration to be filed within twenty working days from the day following the notification of to act interested. Once brought the appeal, the Board have thirty working days to instruct and resolve the issue.
Denied the motion for reconsideration the applicant may file, only for reasons of legality, demand annulment of the act challenged before the Court of Civil Appeals Duty to date in which the act was dictated. The filing of this application must be made within the term twenty days of notification of denial expressed or, alternatively, the when the constructive denial is configured. The request for cancellation may only be brought by the holder of a subjective right or a legitimate direct interest, personal and violated or infringed by the contested measure. The Court ultimately fail instance.
Article 36 -. Emanates When the decision of the Director Executive, jointly or alternatively with the motion for reconsideration, It may be brought before the administrative appeal to the Board. This administrative appeal must be filed and resolved in the limits laid down in the preceding article, which also govern what relevant to the decision on the appeal and the subsequent Comptroller court.
  Article 37 -. Institute for Regulation and Control of Cannabis is exempt from all kinds of taxes, excluding contributions social security. In matters not specifically covered by this law, your operating range will be to the private sector, especially in their accounting, personal status and contracts celebrate.
Article 38 -. Goods Institute for Regulation and Control Cannabis can not be attached.


Article 39 -. The Board of the Institute of Regulation and Control of Cannabis will be the body responsible for implementing sanctions for violations of existing rules on licensing, without prejudice to any criminal liability that may correspond. The procedure applies in these cases will be the subject of regulation.
  Article 40 -. Violations referred to in Article above, in response to the seriousness of the offense and the background the offender shall be punished with:
A) Warning.
B) Penalty for 20 UR (twenty indexed units) to UR 2,000 (two thousand indexed units).
(1UR = U$S 30)
C) Forfeiture of goods or items used to the offense.
D) Destruction of merchandise when applicable.
E) Suspension of the offender in the appropriate register.
F) temporary or permanent disqualification.
G) partial or total closing, temporary or permanent, of establishments and local licensees are themselves or third parties.
The penalties provided above may be implemented as cumulative and depending on the gravity of the infringement and Responsible background.
Article 41 - . Notwithstanding the exercise of the powers punitive preceding Having noted the Board Directors or its Executive Director , in the exercise of the powers of control and supervision committed to the Institute of Regulation and Control Cannabis , the existence of activities of a criminal nature , They made ​​the requisite report to the competent judicial authority .


 Article 42 - . Believe in the scope of the Ministry of Public Health, a Specialized Evaluation and Monitoring Unit of the present law have technical and will be made by qualified personnel in assessment and monitoring of policies . Will independent and will issue annual reports which , without binding, must be taken into consideration by agencies and entities responsible for implementation of this law. This report will be submitted to the Assembly General .


  Article 43 -. The Government shall regulate the provisions of this Act within one hundred twenty days after its enactment.
  Article 44 -. Repeal all provisions which are contrary to the provisions of this Act.   Session Hall of the House of Representatives, in Montevideo, 1 August 2013.