European solution to a European issue : legalizing cannabis Evropské řešení pro Evropské téma: legalizace konopí HELP US GET 1 MILLION SIGNATURES POMOZTE NÁM ZÍSKAT 1 MILION PODPISŮ Latest news February 17, 2014 Launch of the signatures campaign Poslední zprávy 17. Únor, 2014 Start podpisové kampaně November 20, 2013 Initiative accepted 20. Listopad 2013 iniciativa přijate Drug Policies in Europe Drogové politiky v Evropě Or how an EU regulation could give the needed framework to a common drug policy in a common political space. © ​WEED LIKE TO TALK Neboli jak by regulace EU mohla poskytnout potřebný rámec pro společnou drogovou politiku v společném politickém prostoru. While cannabis has become a worldwide debate over the last decades, the European Union somehow managed to avoid it. It cannot do so anymore. As underlined by the European Monitoring Centre for Drugs and Drug Addiction, the lack of harmonisation of European Member States’ cannabis policies has led to “a heterogeneous 'legal map' regarding cannabis offences: some countries or regions tolerate certain forms of possession and consumption; other countries apply administrative sanctions or fines; while still others apply penal sanctions”(1). Liberticidal policies pursued in certain Member States turn quiet citizens into offenders or criminals, while other European citizens are free to use cannabis in their Member States. The question of coherence and discrimination is worth asking. The ECI Weed like to talk aims at making the EU solve this problem by adopting a common policy on the control and regulation of cannabis production, use and sale. Cannabis use is a matter of every citizen’s freedom of opinion and right of control over his or her own body, as in the case of alcohol and tobacco. It has been shown many times that the health risks of cannabis are much lower than that of legal drugs used for recreational purposes (alcohol, tobacco) and medical purposes (pain killers, psychoactive medication). Yet cannabis is still considered as a narcotic drug and therefore a “punishable offence” by the United Nations (2), although this classification is more and more disputed (3). Drug trafficking is in no way the cause, but rather the result, of repressive State policies: the troubles it brings are the logical consequences of drug prohibition, not of an intrinsic “evil” character of cannabis. The reasons alleged to protect public health are contradicted in theory and in practice. Prohibition has increased cannabis use and resulted in serious damages to public health and security. Cannabis in and of itself is not the problem, but the renouncing of a debate and a European policy is. Its regulation in the EU is incoherent and unworthy of the Union’s values, whatever governments argue and whatever mask they use to hide behind. (1). European Monitoring Centre for Drugs and Drug Addiction, “Legal topic overviews: possession of cannabis for personal use”. (2). 1971 United Nations Convention on Psychotropic Substances (3). For a thorough analysis of cannabis policies and the failure of the war on drugs, see the report of the Global Commission on Drug Policy, “The War on Drugs and HIV/AIDS, How the Criminalization of Drug Use Fuels the Global Pandemic”, June 2012. Who are we? Our aim is twofold. To legalize cannabis production, sale and use at the European Union level while checking if the ECI fulfills its mission of participatory democracy. Our approach is purely citizen-based. We have no commercial or political aim. We do not act under the influence or pressure of any lobby or political party. Our movement is just like our citizens’ committee. It is only made of young European citizens coming from a variety of Member states and political shades. A European solution on a European issue : legalizing cannabis A European solution to a European issue : legalizing cannabis. The ECI Weed like to talk aims at making the EU adopt a common policy on the control and regulation of cannabis production, use and sale. Main Objectives There is currently a heterogeneous legal map as regards cannabis policies in the EU. The question of coherence and discrimination is worth asking. A common policy on the control and regulation of cannabis production, use and sale would: (a) ensure equality before the law and non-discrimination of all EU citizens; (b) protect consumers and monitor health security; (c) end cannabis trafficking. Let’s leap toward the legalization of cannabis and the harmonization of national legislations accross the EU. ​Legal Basis ​TFEU: Art.67 (police cooperation); Art.168 (health protection); Art.169 (consumer protection) Charter of Fundamental Rights : Art.20; Art.38 Cannabis use is a European phenomenon. ? ?Yet different answers are given to the same question. ? Each member state has developed its own legal system to tackle this subject. ? The classification of cannabis as a drug has largely evolved lately, especially in North America but also in Europe. ​ In national elections, the debate related to this issue is becoming more and more important. ​ This evolution is following the current medical perception of cannabis. If cannabis can involve risks and hazards in some conditions, its harmfulness is relative. ? ?There is an urgent need to find a common European answer to cannabis. Debate? Cannabis is becoming more and more controversial.​ It means that this question mobilizes very different kinds of actors such as citizens, politicians, economists, medical experts, scientific communities, jurists, societies, firms, the police (and much more) confronting arguments, views, positions, facts and ideas obviously different. The issue has f?ar from unanimous support. That’s the definition of debate. ​ The confrontation of arguments in the European public space by all parts of society is the fundamental roots of democracy. In the context of a growing democratic deficit in Europe, we need to engage in a societal issue which could create debate and by extension open a democratic space at EU level. Let’s talk about controversial issues such as cannabis to bring the EU closer to citizens and to promote this new mechanism​, unknown by common citizens: European Citizens’ Initiative. ?What is it? The ECI is a way for citizens to participate in the democratic life of the EU by setting up its agenda. ​ Citizens of the Union can propose legislation to the European Commission in fields where it is competent.​ How does it work? There are several steps before submitting a ECI: · Prepare the project · Create a citizens’ committee encompassing at least 7 EU citizens · Register the initiative on the Commission website · Collect 1 million statements of support within 12 months, in at least 7 member states · Have the statements certified by the relevant national authorities · Submit the initiative to the Commission It is long but worth it! Where does it come from? This great step towards democracy dates back to 2007, when the ECI was enshrined in the Lisbon Treaty: ​ → Article 11, Paragraph 4 of the Treaty on European Union (TEU) ? Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the European Union. ? → Article 24 of the Treaty on the Functioning of the European Union (TFEU) ?​ The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens’ initiative within the meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which such citizens must come. It was later developed in a specific legislative act: → Regulation (EU) No 211/2011 of the European Parliament and of the Council, of 16 February 2011, on the citizens’ initiative