Talk:Law 30 of 1986

Talk

Discussion for: Law 30 of 1986 • View • Links • Related changes

Use this page for verification notes, disputes, and action items. Keep narrative content on the article.

Page scope

Law 30 of 1986 covers Colombia's Law 30 of 1986, the Estatuto Nacional de Estupefacientes, as enacted and as amended, for what it does to cannabis: the definitions, the personal dose, the plantation, licensing of growing and seed, the traditional-use article, the growing offence and the destruction of plantations. Its predecessor, Decree 1188 of 1974, is treated in a section of the article, not on a page of its own. The court rulings on the personal dose, the medical-licensing decrees and the history of Colombian drug law before 1974 are covered on Cannabis law in Colombia; the medical-cannabis statute of 2016 has its own page, Law 1787 of 2016.

Data verification

Record source conflicts, dating problems and sources not used here. Keep narrative content on the article.

Discussion

Sources

• The law. The provisions are cited from the consolidated text in the normogram of the Ministry of Foreign Affairs (Avance Jurídico compilation, last updated 30 November 2017), compared with the text in the Función Pública Gestor Normativo. Both print the presidential sanction, "Bogotá, D. E., enero 31 de 1986", signed by Belisario Betancur. A consolidated text prints amended articles in their current wording.
• The wording of 1986. Article 33 as enacted, and articles 51, 77 and 88, are cited from United Nations document E/NL.1986/12 (20 August 1987), the text of the law as communicated by the Government of Colombia to the Secretary-General. The Spanish version reproduces the government's text directly; the digitised copy carries the odd pages only. The English version is the Secretariat's translation and is complete (27 pages). The quotation from article 33 was checked on the page image (p. 10). The government's statement of reasons for the bill is printed at the head of the same document (p. 2).
• The 1974 decree. Decree 1188 of 1974 was read in a private online compilation of Colombian legislation (normograma.com). Its title and the publication date of 8 July 1974 agree with a second host. The note of repeal is the compilation's; Law 30 itself repeals only the provisions contrary to it (art. 101).
• Secondary. Cruz Olivera and Pereira Arana, Laberintos de prohibición y regulación (2021), pp. 61–62, 65, 116 and 128–129, and Pereira Arana and Pérez (Dejusticia, 2024) are attributed to their authors on the article. The study by Filomena and Uprimny (2020) is cited as Cruz Olivera and Pereira Arana report it.

Where the sources disagree

• The Diario Oficial issue. The normogram heads the law "Diario Oficial No. 37.335, del 5 de febrero de 1986". The Función Pública text ends with the note "Publicado en el Diario Oficial.44169. 21 de septiembre de 1986". The citations follow the normogram's heading; the issue itself has not been seen.
• Article 32 in translation. The Spanish text gives the lower penalty where the plants number more than twenty "sin sobrepasar la cantidad de cien (100)" (not exceeding one hundred). The UN's English translation reads "more than twenty (20) but less than one hundred (100)". The article follows the Spanish.
• Date of Sentencia C-221/94. Dejusticia (2024) dates the ruling to 6 May 1994; the judgment is dated 5 May 1994. The article gives 5 May.
• The 20-plant allowance. Cruz Olivera and Pereira Arana (2021, p. 116) place the allowance of up to 20 plants in article 3 of the statute. The figure of 20 plants is in the definition of a plantation, article 2(ñ). The article gives their statement as their reading and the definition with its own article number.

Open points

• Article 32 and the Penal Code. The normogram attaches editor's notes to articles 32 and 33. Whether article 32 has been replaced by article 375 of the Penal Code of 2000 is not established; the two articles are given separately, without a statement that one replaced the other.
• Regulations of the National Narcotics Council. The normogram lists Resolutions 18 of 2002, 3 of 2012 and 4 of 2016 of the council against article 5. Whether the council has issued rules under article 7 on indigenous peoples' growing and use is not established.