The Constitutional Court Suspends the Law Regulating Cannabis Clubs in Navarre, Spain

Just a few months ago, Navarran cannabis activists were able to view the future with optimism. This past Wednesday, however, the Constitutional Court dampened spirits, at least provisionally, when it admitted an appeal alleging unconstitutionality presented by the national government against the law, claiming that it infringes upon national authority over criminal legislation, pharmaceutical products and public safety.

In this way, at least for now, the Constitutional Court has suspended the law governing the consumption and shared provisioning of cannabis in Navarre's private social clubs. However, the institution underscored that this acceptance does not represent a ruling on the appeal, which is still pending. 

The Court has conveyed its decision to the national government, the Parliament of Navarre, the Congress and the Senate so that in the next 15 days they can respond and formulate the arguments they deem opportune. 

The government claims that the very existence of these clubs “transgresses the terms of the exceptional nature of shared consumption established in the law, which permits only sporadic consumption, by a few people, in a private environment, without transcendence and involving minor amounts,” as it already stated when it announced the appeal alleging their unconstitutionality. 

The Executive added that, aside from the question of criminal purview, neither do these clubs respect the conditions established in national legislation for the distribution and consumption of narcotic substances.