LexLap

draft Cannabis Act

( preamble )
Law of "date, St. #", establishing regulations concerning the cultivation of cannabis for recreational purposes and the framework within which its products can be supplied.

Hereby changing and supplementing the "Opiumact 1928 St. 167" by a new law, which will regulate the production and supply of cannabis according to both sociohygienic and socioeconomic points of view..

Section 1.
Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this law:
a. Our Minister: Our Minister of Public Health, Welfare and Sports;
b. cannabis: any part of the plant of the genus cannabis, from which the resin has not been extracted, excluding the seeds as well as any agent containing a tetra-hydra-cannabinol percentage higher then ......;
c. cultivation establishment: the enclosed space, in which an enterprise or the activity, as meant in section 3, first paragraph, is practiced also - as far as in use for the same purpose - the open appurtenances of it;
d. sale establishment: the enclosed space, in which an enterprise or the activity, as meant in section 3, second paragraph, is practiced also - as far as in use for the same purpose - the open appurtenances thereof and the parts of the public road within the near vicinity;
e. manager: he or she who is in charge of the general management of an undertaking as meant in this Section, c or d, or of several undertakings as meant;
f. controller: he or she who is in personal control of the practice of an establishment or the activity as meant in this Section, c or d, in an establishment;
g. Inspector, the sanitary inspector, in charge of the control of the observance of what is enacted by or under this law;
h. National hallmark: The sign to be issued by the inspector and to be placed on the façade of an establishment giving evidence of the control by the inspector of the cannabis supplied by the establishment in question.

2. provisions of general application
Section 2.1. Any importation or exportation of cannabis without written permission issued by Our Minister is strictly prohibited.
2.2. By administrative order further specific regulations, concerning the permission meant in paragraph one, will be laid down.
2.3. A yearly contribution can be charged for a permission as meant in paragraph one according to a tariff regulated by administrative order.
Section 3.1.
a. Any commercial production, cultivation, growing, raising, manufacture, processing, making, selling, delivering, supplying or transport of cannabis without a license issued by the inspector is strictly prohibited.
b. Not being considered commercial production is the cultivation or possession for personal use of a maximum of five plants of the genus Cannabis Sativa and the personal use of its crop.
3.2. Any commercial supply or provision of cannabis to private parties, for immediate use as well as for use elsewhere, without a license issued by the Municipal Executive is strictly prohibited.
Section 4.1. A license is required for every establishment.
4.2. No license to conduct a business as meant in Section 1, first or second paragraph, will be issued but to an establishment
4.3. When the property of an enterprise or an institution in which such a business or activity is conducted, is transferred to a universal successor, the permissions, licenses, certificates and discharges issued under this law, notwithstanding to the provisions of this law with regard to withdrawal and expiration thereof, will be transferred to the successor as well.
Section 5.1. To acquire a license to conduct a business as mentioned in Section 3, first and second paragraph compliance with the following paragraphs is required.
5.2. Managers and controllers have to meet the following requirements:
a. They are not to be under guardianship or deprived of parental powers or guardianship;
b. They are not to have a bad conduct of life;
c. They have to be at least 25 years of age.
5.3. By administrative order other requirements with regard to moral conduct of managers and controllers, besides the requirements of the second paragraph, will be laid down and the requirement of that paragraph under b can be described in further detail.
5.4. Before establishing, altering or withdrawing an administrative order as meant in the third paragraph the Council of Public Health will be consulted.
Section 6.1. To acquire a license as meant in Section 3, first paragraph, compliance with what is defined by the following paragraphs is also required.
6.2. The establishment, production and product have to comply with the requirements in the public health and sanitary interest that will be defined by administrative order.
6.3. At the same time cooperation is required in the periodic inspection and tetra-hydra-cannabinol-percentage-determination as it will be executed by an institute to be appointed by administrative order.
6.4. In respect of an administrative order as meant in the second and third paragraph, Section 5, fourth paragraph is of similar application.
Section 7.1. To acquire a license as meant in Section 3, second paragraph, compliance with what is defined by the following paragraphs is also required.
7.2. The establishment has to comply with the requirements in the public health and sanitary interest that will be defined by administrative order.
7.3. At the same time the establishment will have to bear and be fitted with the National Hallmark that can be issued by the Inspector according to a way and on conditions to be defined by administrative order.
7.4. In respect of the previous further as well as other requirements can be defined concerning establishments in a municipality or specific parts thereof by municipal bye-law.
7.5. In case of application of the fourth paragraph, regulations will be enacted by municipal bye-law in respect of dispense with requirements defined by that paragraph and in respect of the institution of appeal to the Provincial Authority by the party concerned against a decision concluding to refusal or withdrawal of a dispense.
7.6. In respect of an administrative order as meant in the second and third paragraph, section 5, fourth paragraph is of similar application. A proposal to enact, change or withdraw such an administrative order will also be submitted on the recommendation of the Ministry of Public Housing and Town and Country Planning.
7.7. The enactment of a municipal bye-law as meant in the fourth and fifth paragraph is submitted to the advice of the Ministry of Economic Affairs and the Chamber of Commerce.
7.8. The Sections 199, 203, 205 and 206 of the Corporations Act are of application in respect of such a municipal bye-law.
Section 8.1. To acquire a license as meant in Section 3, first and second paragraph, in addition compliance by respectively the proprietor or the proprietors collectively, by a manager and a controller, with requirements in regard of credit-standing, knowledge of business and trade skill that will be defined by administrative order is required.
8.2. Regulations can be enacted by that order with respect to the way compliance with what is enacted by that order must be proved.
8.3. Moreover by that order, instruments in evidence will be appointed, serving to prove compliance with what is enacted thereby with regard to knowledge of business and trade skill.
8.4. In respect of an administrative order as meant in the first paragraph of this Section, Section 5, fourth paragraph is of similar application.
Section 9.1. A license issued under Section 3, second paragraph is not valid in respect of the supply or provision of cannabis in:
a. Other rooms belonging to the establishment than appointed in the license.
b. Other parts of the public road than those where that supply or provision is explicitly permitted by municipal bye-law.
9.2. By municipal bye-law as meant in the first paragraph of this Section under b., at the same time regulations will be laid down that have to be regarded by licensees in the course of the supply or provision of cannabis in the public road.
9.3. In respect of such a bye law the Sections 199, 203, 205 and 206 of the Municipality-Act are of application. Section 10. This law is not of application with respect to means of transport.

3. Special provisions
Section 11. The simultaneous commercial use of part of an establishment for the activity of conducting a business as meant in Section 3, second paragraph, the supply or provision of cannabis to private parties and the activity of conducting a business as meant in Section 3, first paragraph, the production or growing of cannabis, is strictly prohibited.
Section 12. The supply or provision of alcoholic drinks as well as of food or eatables containing cannabis in or by an establishment is strictly prohibited.
Section 13.1. The commercial supply or provision of cannabis to private parties is strictly prohibited other than in a sealed package:
a. that complies with regulations, that can be laid down in respect thereto by Our Minister of Welfare, Public Health and Culture in agreement with Our Minister of Economic Affairs.
b. clearly indicating the THC percentage of the cannabis contained by the package.
13.2. An order laid down by operation of this Section, first paragraph, under a, will be published in the State gazette.
Section 14.1. The commercial supply or provision of cannabis to private parties under eighteen years of age is strictly prohibited
14.2. It is strictly prohibited for he or she who is conducting a business as meant in Section 3, second paragraph, the supply or provision of cannabis, to allow persons under sixteen years of age entrance to the parts of the establishment where cannabis is supplied or provided.
Section 15. The activity of conducting a business as meant in section 3, second paragraph or the commercial supply or provision of cannabis is strictly prohibited when it can reasonably be expected that this will lead to disturbance of the public peace, safety or morality.
Section 16. Any commercial sign, advertising or publicity in respect of cannabis visible from the public road other the National Hallmark is strictly prohibited as well as any publishing of commercial publications or soliciting other than for non profit reasons in any form.
Section 17. It is strictly prohibited to those who are conducting a business as meant in Section 3, second paragraph, the supply or provision of cannabis, to employ persons under sixteen years of age in the parts of the establishment where cannabis is supplied or provided, when these parts are open to the public.

4. Municipal taxation on the supply of cannabis
Section 18.1. The Municipal Authorities will impose a yearly tax on conducting the business or activity as meant in the third Section second paragraph based on the cannabis turn over realized with that conduct during a calendar-year.
18.2. The tax concerning the conduct of a business or activity as meant in the third Section second paragraph will amount to at least Fl.10.- and not more than Fl.25.- per 1000 grams of cannabis or part thereof 18.3. With respect to this taxation the Sections 269-271, 280-301 and 303 of the Municipality Act are applied provided it is imposed by means of assessment

5. Licenses Section
Section 19.1. Our Ministers of Welfare, Public Health and Culture and of Economic Affairs define, which data a request for a license, as meant in the third section first and second paragraph, will have to contain.
19.2. When sending in such a request a sum, to be defined by administrative order, is due.
19.3. The request is considered not to be sent in, so long as, the data as required by the first paragraph are not provided or the sum due pursuant to the second paragraph is not paid.
19.4. The decision upon the request will be given within three months.
19.5. An administrative order, issued by virtue of the first paragraph, is to be published in the government gazette.
Section 20.1. A license is refused in case:
a. of non-compliance with the requirements applicable pursuant to Sections 5,6 and 7.
b. it is in reason to assume that the actual state of things will not be corresponding with what is mentioned in the request.
c. section 4 second paragraph resists granting the requested license.
20.2. Moreover a license can be refused in case the same requirements, that in accordance with section 5 second paragraph under b. and what is determined in that respect under the third paragraph of that section for the controller, are not met by a husband or child of the controller of the establishment living in the establishment.
Section 21. A license as meant in section 3 first or second paragraph will also be refused in case compliance with the demands applied in accordance with section 8 is not proven.
Section 22.1. A license will be granted in case not any of the grounds for refusal meant in section 20 and 21 is present
22.2. The decision granting the license as meant in section 3 second paragraph will also be sent to the Inspector. It will but come in force when it is irrevocable.
22.3. The decision refusing a license will be motivated and will be sent to the applicant by registered mail.
Section 23. In a license the following is to be mentioned:
a. the place where the establishment is located
b. in case of a license as meant in section 3 second paragraph, the surface areas of the premises indicated in it under section 9 first paragraph under a.
c. in case of a license as meant in section 3 first paragraph, the total surface area to be employed for growing cannabis as well as the maximum number of cannabis plants present or at stock at any moment d. the managers and controllers.
Section 24. In case premises indicated in a license have gone through such a transformation that, while the requirements in accordance with section 6 or 7 are still met, they do not come up to the description in the license, this description will be changed corresponding to the change meant on request by the licensee.
Section 25.1. A license will be drawn in when:
a. the information supplied to obtain the license is evidently inaccurate or incomplete in such a way that a different decision would have be made on the request in case the correct circumstances would have been fully known when deciding on the grant.
b. the requirements in accordance with the section 5, 6 or 7 are no longer met.
c. things have happened in the premises concerned that give reason to fear that remaining the license in force would cause danger to public order, safety or morality.
25.2. The cancellation of a license under the first paragraph b. can but take place, as far as the grounds for cancellation are not concerning the licensee in person, one month after the intention for that is notified to the licensee by means of registered mail.
25.3. The decision canceling the license will be motivated and will be sent to the licensee by registered mail. It will but come in force when it is irrevocable
Section 26.1. When the mayor and Aldermen in case of a license as meant in section 3 first paragraph come to the judgment that this license should be canceled on one of the grounds mentioned in section 25, they will make a motivated proposal for this cancellation to the Inspector.
26.2. Within three months after receiving such a proposal the Inspector decides on the cancellation. He will notify the mayor and Aldermen about this decision in writing.
Section 27.1. When the Inspector, in case of a license as meant in section 3 second paragraph, comes to the judgment that the license should be canceled on one of the grounds mentioned in section 25, he will make a motivated proposal for this cancellation to the mayor and Aldermen
27.2. Within three months after receiving such a proposal the mayor and Aldermen decide on the cancellation. They will notify the Inspector about this decision in writing.
Section 28. A license expires when:
a. since the granting of the license has become irrevocable, six months have passed without actions taking place making use of the license.
b. since one year, other than due to circumstances beyond one's control, has passed without actions taking place making use of the license.
c. the grant of a license with the purpose of replacing the license first mentioned comes in force.

6. Approval and appeal
Section 29.1. A bye-law made under section 7 or 9 requires approval of the Regional Authorities.
29.2. The Regional Authorities decide within three months after receiving such regulation bye-laws They can adjourn their decision once up to a maximum of three months.
29.3. In case:
a. Regional Authorities have neither sent a decision nor a notice adjourning the decision to the city-council within the period as mentioned in the second paragraph or
b. when they, in case they have sent such a notice within the period as mentioned, before the expiring of the period adjourning their decision, have not sent a decision to the city-council, the bye-law will be considered to be approved.
Section 30.1. Before deciding the Regional Authorities will hear:
a. the trade organizations involved.
b. the Inspector
c. the Inspector of public housing who is in charge of the national supervision on public housing in their region
30.2. The Regional Authorities decision will be motivated.
30.3 They will give notice of their decision to the city-council and the organizations meant in the first paragraph.
30.4. Our Minister of Economic Affairs appoints the trade organizations that will be considered as trade organizations involved concerning the application of the first paragraph
30.5. A decree issued under the fourth paragraph will be published in the Government Gazette
Section 31. The city-council and the organizations meant in section 30 first paragraph can initiate an appeal to Us within 30 days after receiving the notice given to them corresponding to the third paragraph of that section.
Section 32.1. Our decisions will be motivated. The recommendation for such a decision will made to Us by Our Minister of Public Health, Welfare and Sports in agreement with Our Minister of Economic Affairs and when a decision issued under Section 7 is concerned, with Our Minister of Public Housing and Country Planning
32.2. Our decision will be issued to the Regional Authorities, the city-council and the organizations meant in section 30 first paragraph
Section 33.1. The party concerned can initiate an appeal to the Regional Authorities against a decision refusing or canceling a license.
33.2. Both the Mayor and the Inspector can initiate an appeal to the Regional Authorities against a decision granting a license.
33.3. The Mayor can initiate an appeal to the Regional authorities against a decision made under section 26, second paragraph or section 27, second paragraph, concerning refusal of cancellation of a license. An equal authority is given to the Inspector when he has made a recommendation as meant in these sections.
33.4. Under the application of this section not deciding within the period concerned will be considered as a refusal.
Section 34.1. The notice of appeal, by which appeal is initiated under section 33, will be presented to the Mayor and Aldermen within four weeks. They will immediately forward it.
34.2. In case the appeal is initiated by the Mayor or the Inspector, the Mayor and Aldermen will immediately inform the licensee of it by registered mail.
34.3. The period mentioned in the first paragraph will start for the applicant or the licensee as well as the Inspector at the day after the day the decision was made.
34.4. In case no decision is made within the period applied, the period mentioned in the first paragraph will start at the day after the day the decision should have been made at the latest.
Section 35.1. The Regional authorities will decide within two months after the appeal is initiated and will hear the Inspector. They can adjourn their decision once up to a maximum of two months.
35.2. The decisions by the Regional authorities will contain the grounds on which they rest.
Section 36. A decision made under section 35 can be suspended or canceled by Us, as far as it is incompatible with the Law or the Public Interest.

7. Further Provisions
Section 37. In case cannabis is supplied contrary to this Act the Mayor and Aldermen can bar the continuation of this supply. Doing this they have the authority to deny access or entrance to people other than the people living in the premises in which the supply has taken place to these premises.
Section 38. It is strictly prohibited to provide incomplete or incorrect information concerning the request for a license, a certificate or a permission.
Section 39. All whom have been or are involved in the execution of this Act are bound over to secrecy about all that became known to them in the practice of executing this Act for so far as they are not authorized or obliged to inform of that.
Section 40. In case subjects arranged in this Act need further regulation in the interest of a proper execution of this Act, such can take place by administrative order.
Section 41. As for so far as nothing different is determined in this Act, Regional or Municipal bye-laws on subjects regulated in this Act can not be made.

8. Supervision and investigation
Section 42.1. Our Minister of Public Health, Welfare and Sports appoints the inspector and officials of the state-supervision on public health in charge of the control over the fulfillment of what is regulated by and under this Act.
42.2 Our Ministers of Public Health, Welfare and Sports and of Economic Affairs together appoint the other officials in charge of the control over the fulfillment of what is regulated by and under this Act.
42.3 A decree issued under the first or second paragraph will be published in the Government Gazette.
Section 43. The following are in charge of the investigation of acts that are made punishable under this Act:
a. the civil servants appointed by section 141 of the Code of Criminal Procedure.
b. the civil servants appointed under section 42, as far as appointed thereto by Our Minister of Justice.
Section 44. The civil servants meant in section 42 and 43 are authorized to demand inspection of all documents and records and to make transcripts and copies as so far as this is reasonable and necessary to their judgment for the fulfillment of their task in relation to this Act. For these purposes they can hold documents and records for a maximum of five days.
Section 45.1. The officials meant in sections 42 and 43 are always authorized to enter:
a. all localities where cannabis is supplied to private persons other than for nothing or of such localities where to their reasonable suspicion such supply is taking place
b. all places of which the entrance is necessary for the execution of their tasks in relation to this Act at their reasonable judgment
45.2. When necessary they can gain entrance by means of the use of force.
Section 46.1. The officials meant in sections 42 and 43 do not enter residences against the will of the resident but in the presence of the Mayor or a Commissioner of the Police or fitted with a general or special written order by Our Ministers of Public Health, Welfare and Sports, Economic Affairs and Justice together, the head of the prosecution department at the court of appeal, or the district attorney or fitted with a special written order by one of his assistant district attorneys
46.2. They will report on the entrance and official visit to the spot within 24 hours mentioning the time of entrance and the objective or purpose they were aiming at. They will see to it that a copy of the report is sent to the district-attorney and is issued to the resident or delivered to his residence.
Section 47.1. The officials meant in section 42 and 43 are authorized to submit goods to their inspection and examination and to take samples thereof, as far as this is necessary to their reasonable judgment for the execution of their tasks in relation to this Act.
47.2. The samples taken will be returned to the rightful owner when possible.
Section 48. The officials meant in sections 42 and 43 are authorized to inspect means of transportation as far as this is necessary to their reasonable judgment for the execution of their tasks in relation to this Act. Thereto they can demand the driver to stop the vehicle and move it to a place indicated by them.
Section 49.1. Everybody is obliged to give full support to the officials meant in sections 42 and 43 that is necessary to their reasonable judgment for the execution of their task in relation to this Act
49.2. In case to the reasonable judgment of the officials meant in the first paragraph insufficient support is given they can take the necessary measures and charge the negligent party.
49.3. They who are to maintain secrecy due to position, profession or function can clear themselves of producing information but only for so far as what is confided to them in their professional capacity. Furthermore they can refuse inspection of documents and support as far as their duty to maintain secrecy extends thereto
Section 50. The officials meant in section 43 are always authorized to seize liable objects. They can thereto demand their extradition

9. Provisions pertaining to criminal law
Section 51. For the application of the provisions embodied in this chapter the following will be understood as:
a. manager; he or she who is in charge of the general management of an undertaking or the practice of the activity as meant in section 3 first or second paragraph in one or more establishments.
b. controller; he or she who is in personal control of the practice of a business in a part of an undertaking or the practice of the activity as meant in section 3 first or second paragraph in an establishment.
Section 52.1. For the observance of the provisions and prohibitory measures described in section 53 and 54, without detriment to what is defined in section 49, the entrepreneur as well as the manager and with respect to the part of the undertaking or enterprise controlled by him or her, the controller, are responsible.
52.2. in case the entrepreneur is a corporate body for the application of the first paragraph the director comes into the place of the entrepreneur.
Section 53. He or she who intentionally acts against a prohibitory measure as given in section 2 will be punished by imprisonment of a maximum of six years and a fine of the fifth category or one of these punishments
Section 54.1. In case of an offense against a prohibitive measure, prescribed by or under section 3, 15 or one of the requirements attached to a permission as meant in section 2 second paragraph, the person responsible for the fulfillment thereof will be punished by detention of a maximum of six months or a fine of the fourth category.
54.2. Besides the additional punishments mentioned in section 9 of the Criminal Code, the total or partial closing down of the undertaking or enterprise where the offense was committed can be imposed as such a punishment for a maximum of up to one year.
54.3. The entrepreneur or director and the manager are not liable to punishment when they are not also controller of that part of the undertaking or enterprise, in which or in relation to which the offense was committed and they prove they have given the necessary orders, have taken the necessary measures, have provided the necessary means and funds and have exercised the supervision in or in relation to that part required in reason to ensure the fulfillment of the prohibitive measure or requirement offended against
Section 55.1. In case of an offense against:
a. a prohibitive measure, prescribed by or under section 11, 12, 13, 14, 16, 17, or 38;
b. a requirement, provided by or under section 7, fourth paragraph or section 49 first paragraph;
c. a requirement, provided under section 42, as far as non compliance is explicitly indicated as liable to punishment, the person responsible for the fulfillment thereof will be punished by detention of a maximum of four months or a fine of a maximum of two-thousand guilders
55.2. In case at the time an offense as meant in the previous paragraph is committed within two years after a previous conviction of the offender for one of those offenses or for an offense against section 252 of the Criminal Code has become final and conclusive, he or she will be punished by detention of a maximum of eight months or a fine of a maximum of ten-thousand guilders
55.3. Besides the additional punishments mentioned in section 9 of the Criminal Code, the total or partial closing down of the undertaking or enterprise where the offense was committed can be imposed as such a punishment for a maximum of one year.
55.4. The entrepreneur or director and the manager are not liable to punishment when they are not also controller of that part of the undertaking or enterprise, in which or in relation to which the offense was committed and they prove they have given the necessary orders, have taken the necessary measures, have provided the necessary means and funds and have exercised the supervision in or in relation to that part required in reason to ensure the fulfillment of the prohibitive measure or requirement offended against
Section 56.1. The acts made punishable in section 53 are misdemeanors.
56.2. The acts made punishable in section 54 and 55 are offenses

Section 57. This act may be quoted as "Cannabis Act" Section 58. This act will come in force at a time to be decided by Us. Command and order to publish this in the Government Gazette and that all Ministerial Departments, authorities, Colleges and Civil Servants concerned will see to a precise execution of it.