Government proposes for consultation the draft law on medical cannabis, the criteria that growers must meet

The government has submitted for public consultation the draft law "On the control of cultivation and processing of the cannabis plant and the production of its by-products for medical and industrial purposes."

Based on the government draft law, it provided for the establishment of the National Agency for Monitoring the Cultivation and Processing of the Cannabis Plant for medical and industrial purposes and the Production of its By-products.

The agency in question will be the institution responsible for monitoring the implementation of the laws and rules provided in the draft law, regarding the cultivation and processing of medical cannabis and its by-products.

The agency will have its headquarters in Tirana, depending on the Minister of Health. It will draft the criteria for the evaluation of applicants based on this law and the bylaws issued in its implementation, will organize the procedures for issuing a license for the cultivation and processing of the cannabis plant and the production of its by-products for medical purposes. , will re-evaluate every three years, the fulfillment of the licensing conditions.

The Agency has the duty to guarantee the development of the activity by the licensed and allowed entities for the cultivation of medical cannabis, in accordance with the defined conditions and criteria.

The Agency conducts inspections in accordance with the law and coordinates the activity with the State Police and other institutions, national or international, with which Albania has agreements, in the field of combating the use, trafficking of narcotics and laundering the proceeds of illegal activity.

The Licensing Commission will be set up at the agency, which will review and evaluate the applicants. The license for cultivation and production of cannabis or its by-products will be granted for a period of 15 years, with the right of renewal.

The license is approved by a decision of the Council of Ministers, based on the selection procedure, organized by the Agency. The total area allowed for the cultivation of the cannabis plant for medical purposes may not exceed 150 hectares nationally.

Offenses

1. When they do not constitute a criminal offense, violations of the provisions of this law constitute administrative contraventions and shall be punished by a fine of up to 5,000,000 (five million) Lekë, if:

a. Advertises for production, directly or indirectly, or makes direct sales; retail;

b. Does not implement the measures expressed by the decision of the supervisory inspector;

ç. Inhibits the sampling process;

c. Cultivates cannabis for industrial purposes, without prior contract and in violation of the law;

d.   Kur ka mbjellë dhe administruar sipërfaqe më të mëdha me kanabis industrial, ose kur regjistrimin e sipërfaqeve nuk e ka kryer brenda afatit të parashikuar;

gj. Nuk deklaron sipërfaqet në të cilat kultivon kanabis për qëllime mjekësore dhe/ose kanabis për qëllime industriale;

e.    Kryen proçese për të cilat nuk është i autorizuar ose nuk dorëzon brenda afatit të parashikuar në ligj raportet e nevojshme për institucionet mbikëqyrëse dhe kontrolluese;

f.    Tejkalon afatin e caktuar për grumbullimin e sasive të prodhuara të kashtës së kanabis për qëllime mjekësore dhe/ose kanabis për qëllime industriale;

g. Does not notify the ministry responsible for public order and safety, the ministry responsible for agriculture and the ministry responsible for health of any condition that indicates suspicion that cannabis or parts of plants have been used or could be used to produce psychoactive substances;

h. Cultivates cannabis for industrial purposes without proper authorization;

i. Does not keep a Register for the quantity produced and purchased cannabis for medical and / or industrial purposes does not submit the report within the legal deadlines to the supervisory authorities;

j. Works in conditions that are contrary to the given authorization;

k. Does not repeat the request for renewal of permits;

th. Advertises cannabis-based products directly or covertly;