Israel are looking into legalizaing CBD

The "Fines Law" will expire in less than a month, the temporary order enacted for 3 years after a public protest in 2019.

Before enforcement against cannabis consumption returns to normal, the government intends to approve a model in which self-use of cannabis would be an administrative offense and would be subject to monetary fines only, without the conditions set out in the current model.

 

Next month, the government is expected to approve draft regulations under which self-use cannabis offenses will become administrative offenses (instead of criminal) without registration in the criminal record - similar to most traffic offenses.

 

The decision comes because the interim provision from 2019 ("Erdan Outline" or "The Fines Law"), which was set for 3 years, is about to expire on 1.4.22. After receiving comments from the public (until 2.3), during the next month (March 2022), the proposal for approval will come up in the Constitution, Law and Justice Committee, where it is expected to receive the committee's approval unless difficulties are raised by the coalition parties such as the Islamic "Ra'am" Party. They have stated in the past their stand against easing local cannabis laws.

 

The current situation (according to the "Erdan outline"):

 

  • When a person is caught possessing cannabis for personal use (up to 15 grams) for the first and second times, the penalty for this is a fine offense - The amount of the fine: 1,000 NIS and 2,000 NIS, respectively.

 

  • For the third time, the case can be closed in an arrangement with the State Attorney's Office.

 

  • From the fourth time onwards, an indictment will be filed.

 

  • The law excludes anyone with a criminal record. The law also excludes those who have committed a related offense, such as "interfering with a police officer in performing his duties."

 

Status after the planned change:

 

  • Cannabis consumers will not be prosecuted at all, except in exceptional cases.

 

  • The exclusion of people with a criminal record will be abolished.

 

  • The distinction between a first offense and additional offenses will be eliminated.

 

  • The fine will be limited to 1,000 NIS.

 

  • Soldiers, police officers, prison guards, and minors will be excluded from the arrangement.

 

It should be noted that an "administrative offense" is still regarded as a criminal offense. Still, its treatment is "more forgiving" and allows for the imposition of fines instead of an indictment. 

 

As you may recall, an inter-ministerial team submitted its recommendations in November 2020, suggesting that the cannabis market be fully regulated (legalized). However, as stated, the government is subject to the demands of the "Ra'am" Party; therefore, this specific initiative cannot be promoted.

 

Israeli "Cannabis" Magazine, the existing partial indictment model has resulted in a 90% drop in the opening of criminal records for self-use of cannabis as well as a 33% drop in indictments for this offense. Around the same time, there was a 77% increase in the number of fines for self-use of cannabis between 2019 and 2021, which means that, overall, enforcement as a whole has not decreased significantly.

 

Written and Published by Ziv Genesove in Weed World Magazine Issue 157

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