23) International Cannabis and Drug Decree

What is a decree?

1. Definition of a decree

Un decree It is a regulatory measure taken by an executive authority (government, president, prime minister, etc.) to enforce or clarify a law passed by the legislative branch. Decrees carry the force of law and primarily concern the organization or implementation of public policy on a national scale. They allow the executive to detail technical or administrative aspects of a law without requiring a new vote in parliament..

2. Types of decrees

Decrees vary depending on the country and its legal structure. There are several types:

• Simple Decree : Adopted by a government or a minister, it does not require parliamentary consultation.

• Decree in the Council of Ministers : Adopted during a meeting of the Council of Ministers, it carries greater significance, such as the creation of broader regulations.

• Decree-Law : Used in emergency situations in some countries, this decree allows the executive to legislate temporarily without going through parliament.

3. CHow a decree is adopted

The process of adopting a decree varies by country, but it generally follows these steps :

1. Proposal : A decree is written by a ministry or government agency.

2. Approval : The decree is submitted to the competent authority (president, prime minister, etc.) for approval.

3. Publication : Once approved, the decree is published in the country's official journal for implementation.

4. Function of a decree

Decrees often serve to:

• Applying laws passed by Parliament, specifying certain technical points.

• Regulate specific areas without going through new legislation.

• Managing emergency situations, such as health or economic crises.

5. Difference between decree and law

Une A law is adopted by the legislative branch (parliament), while a decree is an administrative measure adopted by the executive. Laws establish general rights or obligations, whereas decrees specify how these laws will be implemented.

Countries that have created decrees based on international drug treaties

Les international drug treaties, comme la Single Convention on Narcotic Drugs of 1961, require signatory countries to adopt national legislation to regulate or ban certain substances. Many countries have created decrees to implement these conventions at the national level.

1 France

• Legal basis : Law of December 31, 1970 (amended several times)

• Implementing decree: Decree of January 5, 2016 (concerning medical use)

2 USA

• Legal basis:Controlled Substances Act de 1970

• Presidential Decree: Obama Administration 2014 Justice Reform Order (Changing Drug Priorities)

3 Canada

• Legal basis:Cannabis Act from 2018

• Implementing decrees: Regulations specifying the production, distribution, and use of cannabis

4 Thailand

• Base Legal basis :Narcotics Act

• Implementing decree: 2018 decree for medical use; 2022 reform for decriminalization and cultivation

5 Netherlands

• Legal basis: Tolerance policy (cannabis tolerated in coffee shops))

• Implementing decrees: Coffee shop regulations, maximum quantities, etc..

6 Uruguay

• Legal basis : Law 19.172 of 2013

• Implementing decrees : Regulations on cultivation, distribution, and consumption

7 Germany

• Legal basis: Narcotics Act (BtMG)

• Implementing decree : 2017 Decree authorizing the medical use of cannabis

8 United Kingdom

• Legal basis:Misuse of Drugs Act de 1971

• Implementing decree: 2018 Decree authorizing the medical use of cannabis

9 Spain

• Legal basis: Citizen Security Act (2015)

• Regional decrees : Regulations of cannabis social clubs (especially in Catalonia)

10 Mexico

• Legal basis: General Health Law and Federal Penal Code

• Implementing decrees: 2017 Decree for medical use; 2021 reform on personal consumption

11 India

• Legal basis :Narcotic Drugs and Psychotropic Substances Act (NDPS) from 1985

• Regional decrees : Regulations for traditional uses such as bhang

12 South Africa

• Legal basis : Constitutional Court decision in 2018

• Implementing decrees: Ongoing reforms for private culture and consumption

13 Jamaica

• Legal basis: Legislative reforms of 2015

• Implementing decrees: Decrees for possession, cultivation, and medical use

14 New Zealand

• Legal basis :Misuse of Drugs Act from 1975

• Implementing decree: 2018 Decree for medical use

15 Argentina

• Legal basis : Law 23,737

• Implementing decrees: 2020 Decree for Medical Culture and Scientific Research

16 Chile

• Legal basis : Drug Control Act 20,000

• Implementing decrees: 2015 Decree for medical use

17 Brazil

• Legal basis : Law 11.343/2006

• Implementing decrees : 2019 Decree for Medical Derivatives

18 Portugal

• Legal basis : Law 30/2000 (decriminalization)

• Implementing decrees : 2018 Decree for medical use

19 Greece

• Legal basis:Law 3459/2006

• Implementing decrees : Decrees of 2017 and 2018 for medical use and cultivation

Conclusion

Un decree is a legislative tool used by national governments to implement or clarify laws, including those arising frominternational treaties. With respect to cannabis, many countries have adopted decrees to meet their obligations under treaties such as the Single Convention on Narcotic Drugs of 1961. These decrees often clarify the implementation of laws, thereby regulating the production, possession, and consumption of cannabis in accordance with international agreements.