Under Spanish law, cannabis use is a crime against Public Health.
So whilst cannabis use is not legal in Spain, if there is no impact on the general public (ie within your own home) there is no crime.
Since 2001, an increasing number of pro-cannabis activists have exploited this grey area in the law through the establishment of Cannabis Social Clubs (CSCs). Not all CSCs are the same: occasionally the police close a club when they discover that they are acting as a front for black market cannabis sales, or allowing non-members or underage smokers in.
Cannabis Social Clubs (CSC) and the law
Here at MaryJanes@Kannaponica, we follow specialised legal advice to make sure that the Club meets all criteria set by case law.
- CSCs must register in a regional registry of associations, with founding members subject to background checks. Associations are defined as:
- ‘a group of people who enter into an agreement, in order to accomplish a common objective with a non-profit motive.
- CSCs must seek to reduce the harms associated with the supply and use of cannabis. We promote responsible consumption and monitor monthly usage.
- CSCs and their premises must be closed to the public, with membership granted only upon invitation by an existing member.New members presenting with official documentation of an illness which can be treated with cannabis do not need a referral.
- Limits on the quantity of cannabis consumed must be enforced. Daily personal allowances of 3 grams per person are set to reduce the likelihood of cannabis being diverted for sale on the illicit market.
- Additionally, the quantity of cannabis to be cultivated is calculated based on the number of expected members and predicted levels of consumption
- Cannabis distributed by the clubs must be for more or less immediate consumption. Small quantities are often allowed to be taken away for off-site use, but the general aim is to promote planned, non-impulsive usage and to minimise the risk of a member’s supply being re-sold on the illicit market or diverted to a non-member
- Clubs must be run on a non-profit basis. Members pay fees to cover production and management costs, but all revenue generated is reinvested back into their operations. In addition, clubs pay rent, tax, employees’ social security fees, corporate income tax, and in some cases VAT (at 21%)