Decriminalization of cannabis possession for personal use of up to 3 grams and replacement with a fine, as in some EU countries and Thailand

REPER MEPs Simina Tulbure, Oana Cambera, Cristina Rizea, Andrei Lupu and Daniel Toda tabled a bill on Monday to decriminalize the possession of cannabis for personal consumption, up to 3 grams, according to a party statement.

To enter into force, the bill tabled by opposition MPs needs to receive votes from a majority in parliament.

The legislative proposal provides for the removal of criminal sanctions (prison, criminal fine) and their replacement with a fine of between 1000 and 3000 lei for possession of small quantities of cannabis for personal consumption.

This initiative is the first of its kind in Romania’s history and aims to align Romanian anti-drug legislation with that of international partners such as Italy, Spain, Belgium, Luxembourg, Malta, Austria, Czech Republic, Slovenia, Canada or Thailand, with the recommendations of the Global Commission on Drug Policy (GCDP) and with the guidelines supported by United Nations (UN) experts and those of the International Drug Policy Consortium (IDPC), the REPER press release states.

In addition, the initiators propose that the proceeds of the fines be used to finance national programmes for the prevention and medical, psychological and social assistance of drug users and programmes of national interest for the prevention and medical, psychological and social assistance of drug users.

This is also the first step towards the legalization of the possession of medicinal cannabis justified by a medical prescription, says the party led by co-chairs Ramona Strugariu and Dragoș Pîslaru.

The legislative proposal was drafted with the support of criminologist Vlad Zaha, following consultations and research carried out by him on public policy on drug use. Vlad Zaha is a criminologist specializing in public drug policy and public intervention criminology, currently working at Oxford University.

„By decriminalizing the possession of cannabis for own consumption up to 3 grams and replacing it with a fine, we expect significant decreases in the social, medical and criminal problems associated with cannabis use, significant decreases in the use of ethnobotanicals, as well as the release of more than 50% of DIICOT cases for small amounts of cannabis and more efficient law enforcement. We also recall that 45% of young Romanians aged 16-25 have used cannabis at least once, and 51% support the elimination of criminal penalties for cannabis – meaning over 1 million people in this age group alone,” said the initiators of the legislative proposal.

Background. The use of cannabis is banned in Romania, but for some years there has been discussion about the possibility of legalizing its use exclusively for medical purposes.

The draft law on the subject has been dusted off for the first time since it was initiated over three years ago. Although supported by MPs from all parties, the bill was never debated until March 2023, when there was a first discussion in the Health Committee of the Chamber of Deputies. However, the bill does not contain any provisions on legalising recreational use. Cannabis use is currently punishable by three months to two years in prison or a criminal fine.

The draft law on the medical use of cannabis in Romania was initiated as early as December 2019 by dozens of MPs from all parties. The bill passed the Senate by tacit adoption and remained in the Chamber of Deputies in committee. It was only in March 2021 that the Cîțu government sent its point of view, which is a negative one, argued in over 20 pages.

Translated