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What it is

Proposal to stop penalizing drug possession for personal use

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 25 January 2012. Introduced by: Grupo Parlamentario de IU, ICV-EUiA, CHA: La Izquierda Plural.

Official title: Private member's bill to amend Organic Law 1/1992, of February 21, on the protection of citizen security, regarding the possession of drugs for personal consumption.

Source: Congreso de los Diputados, file 122/000042· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove Article 25 of organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 1/1992 on citizen security protection, the provision that penalizes drug possession for personal use. Possessing or consuming small amounts would no longer be an administrative offense.
  2. Open penalty proceedings based on that provision that have not yet been enforced would be closed automatically, without the person having to request it.
  3. Section 2 of Article 28 of the same law would be repealed, along with any references and rules of equal or lower rank that conflict with the new law.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People who possess or consume small amounts of drugs for their own use: They would no longer be penalized for it if the bill is passed.
  • People with open penalty proceedings for drug possession for personal use: Their unenforced proceedings would be closed automatically.
  • The authorities in charge of penalties: They would have to close unenforced proceedings on their own initiative.

Words worth knowing

Expediente administrativo sancionador
A process followed by the public administration to impose a penalty, such as a fine, without a criminal trial.
Archivar de oficio
To close the file by decision of the administration itself, without the affected person having to ask.
Disposición derogatoria
The part of a law that states which earlier rules stop being valid.
Ley Orgánica
A special type of Spanish law, reserved for major matters, requiring an absolute majority in the Congress of Deputies to pass.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced25 January 2012Someone registers the text in the Congreso.
  2. Admitted31 January 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2012Dec 2013Dec 201411. 25 January 2012: Presentación22. 31 January 2012: Boletín Oficial de las Cortes Generales Publicación desde 31/01/2012 hasta 03/02/201233. 31 January 2012: Calificación44. 3 February 2012: Gobierno Contestación desde 03/02/2012 hasta 10/03/201255. 10 March 2012: Pleno Toma en consideración desde 10/03/2012 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.