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The House Representatives
of the Republic of Uruguay, at a meeting held today, has sanctioned the following
TITLE I
FOR THE PURPOSES OF
THIS ACT
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.
TITLE II
GENERAL
PRINCIPLES
GENERAL
PROVISIONS
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.
TITLE III - OF CANNABIS
CHAPTER I
MODIFICATION OF REGULATIONS NARCOTICS
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
CHAPTER II
HEALTH AND EDUCATION POPULATION AND USERS
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.
TITLE IV
INSTITUTE OF REGULATION AND CONTROL OF CANNABIS
CHAPTER I
CREATION
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.
CHAPTER II
MANAGEMENT
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.
CHAPTER III
OF DUTIES AND
AUTHORITY
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
IRCCA.
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.
CHAPTER IV
RESOURCE, MANAGEMENT
AND OPERATION
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.
CHAPTER V
VIOLATIONS AND
PENALTIES
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 .
TITLE V
ASSESSMENT AND
MONITORING OF COMPLIANCE
OF THIS ACT
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 .
TITLE VI
APPLICATION OF THIS
ACT
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.
