Navarre Cannabis Club President Acquitted No Sale to Third Parties = No Crime

In September of 2013, Navarre police seized 147 marijuana plants, 95 cuttings, 13 lamps used for growing and 635 euros from the Txingundi Cannabis Users Association, or "Cannabia." Its president was accused of a crime against public health and the public prosecutor sought a 15-month prison sentence and a 5,440-euro fine.

Pamplona's Criminal Court No. 5, however, acquitted the president of the club, based in Pamplona, after the trial held on 6 February in the city. The Court ruled that, as there was no trafficking in cannabis, growing for the club's members could not be deemed a violation of public health, as they themselves were those who were going to consume the cannabis, without selling it to third parties. 

This is the first ruling of this type issued in Navarre, and a big step forward for activists defending the consumption of cannabis in these types of associations. The Representación Cannábica de Navarra (RCN-NOK) [Navarre’s Cannabis Representation] believes that this could set a precedent paving the way for similar results in other proceedings.

In addition, the magistrate took into account in his ruling the jurisprudence that higher judicial bodies, like the Supreme Court, have been issuing for some time.

The ruling came shortly after Navarre approved the law regulating cannabis clubs (on 27 November), a decision supported by all the parliamentary groups except for UPN and PPN. Ramon Morcillo, secretary general of RCN-NOK, explained to Dinafem that, from that day forward, those fighting for regulation in Navarre could sleep a bit sounder. “Now the future is viewed in a different way, with greater optimism.”

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With information from Dinafem.org and Eldiario.es