Themes:
1- What is a cannabis social club or cannabis association?
2- How does the law for marijuana consumption works in Spain?
3- How to create an association of smokers in Spain/Catalunya ?
4- How to enroll members and prevent consumption?
5- How to produce marijuana for the club and maintain the place?
6- How to make it work?
7- Health Concern About cannabis in Spain
1- What is a cannabis social club or cannabis association?
Cannabis social clubs are associations that supply cannabis for self-consumption among their partners. However, for someone to be part of a cannabis club, this person must meet several requirements, such as being of legal age, being a cannabis user and not selling the association’s marijuana to third parties. In this way, partners can supply themselves, privately, without having to go to the black market and the risks that entails. All the requirements for being part of a cannabis club are clarified in this article at the WaHouse420 website
These kinds of cannabis clubs are created not for profit, so if your idea is tpen a cannabis club in barcelona to join a market for making some money then this is not the right field. There is a point that we must differentiate between a Coffee Shop and a Cannabis Association. Coffee Shops are a marijuana dispensary for any customer, meaning that it works like any store and its main goal is to make a profit. However, the associations seek to make it easier for their partners to consume the most, without intending to profit. In fact, in Spain Coffe Shops are prohibited, but not associations. This is because consumption is legal, but not the mass distribution.
Below we will help you to understand what bureaucracy is involved in the process of opening a cannabis club in Barcelona.
2- How does the law for marijuana consumption works in Spain?
Before we go to the details on how the process of opening a club in Barcelona works there is an important detail that you need to be aware of, the law.
The first detail of the law that you need to understand is that according to the article 368 of the penal code in Spain it considers that they incur a crime of drug trafficking those who execute acts of cultivation, elaboration or trafficking or that, otherwise promote, favor or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances or possess them for these purposes.
Also In the administrative sphere, article 25 of organic Law 1/1992, considers as serious infringement consumption in places, roads, establishments or transports and the Illicit possession, although it is not intended for trafficking, toxic drugs, narcotics or psychotropic substances, provided that it is not a criminal offence , as well as abandoning the sites referred to as useful tools or instruments used for consumption…
[sociallocker id=”908″]
Although the case law, in view of this regulation has established that the consumption of these substances when carried out in a personal way, outside of public places and without risk to collective health, which is the good protected by the penal and administrative norms referred to does not incur any infringing type as per The Supreme Court ruling number 484/2015, of 7 September (STS 1081/2009, of 11 of November, 347/2009, of 3 April, STS 499/2010, of 26 may or STS 850/2013, of 4 November).
Which means that the lack of the criminal typicity of the shared self-consumption of toxic drugs, narcotics and psychotropic substances has led to the proliferation of social clubs or cannabis consumer associations for the provision, Possession and consumption within the legal framework
3- How to create an cannabis club in barcelona Spain/Catalunya?
Opening a cannabis club in barcelona, the first thing to do is to hold a Constitutive Assembly in which at least three founding partners are needed: President, Secretary and Treasurer.
The board of directors must draft the statutes of the association, as well as a founding act, and all of this must be approved and signed by the three members of the board. To make this step easier, Spanish cannabis clubs often use the bylaws of Spain’s first cannabis club, Pannagh. The next officialize everything, presenting these documents in the register of the autonomous community in which the association will be opened. In addition, it can be very useful to join the Federation of Cannabis Associations (FAC), thus legitimizing the operation of this and contributing to the development of the Spanish associative movement.
It is not possible to define the private social groups of cannabis smokers as “services that are made in exchange for economic compensation” (article 2 law 17/2009, of 23 November, on free access in the activities of services and their exercise, in the same sense as article 50 of the treaty establishing the European Community and the 175th of the services Directive),
We may also consider that any case included within the scope of the legislation issued in the transposition of the services directive, such simplification of the administrative activity of the administration of the Generalitat and of the Local governments of Catalonia and of Impulse of the economic activity.
Thus, by means of the Special Plan, the regulation of the premises of activity of the clubs and associations of Cannabis consumers is faced with the obligation to guarantee the maintenance of the balance between Freedom in the provision of services, the right of association and other Legally protected assets, such as the coexistence of citizens, the balanced use of public spaces, the Urban landscape, the environment and health. In this area, it is considered that no absolute freedom can be established since these legal assets need to be protected by the public authorities.
The legal formula for setting up a cannabis association finds its starting point in the exercise of two fundamental rights, the right of association and the right of self-cultivation for self-consumption.
This is in conjunction with the jurisprudence of the Supreme Court of “shared self-consumption”, which does not constitute a crime, provided that the following requirements are met:
- Consumers must be ‘addicted’ in advance, to exclude the reprehensible purpose of disseminator the consumption of these substances harmful to health (STS of 27 January 1995).
- Consumption must occur in a closed place or at least hidden from contemplation by third parties, in order to avoid, by that example, the disclosure of such harmful practice (STS of 2 November 1995).
- The amount must be “negligible” (STS of 28 November 1995) or, at the very least, minimal and suitable for consumption in a single session or meeting.
- The community involved in this consumption must be composed of a small number of persons who allow us to consider that we are facing an intimate act without public importance (STS of 3 March 1995).
- Consumers must be specifically identified, in order to be able to properly control both the number of consumers, in relation to the above condition, and their personal conditions, with regard to the first statement (STS of 31 March 1998).
- This should be immediate consumption (STS of 3 February 1999).
It is certainly very difficult for a cannabis association to meet each one of these requirements, which places its partners, but above all the members of the Board of Directors, in an absolute vulnerability to a possible criminal case against it. This leads to the obvious conclusion that, faced with a reality as overwhelming as there are more than 400 cannabis associations today in Catalonia, this figure of “shared consumption” must be revised and reformulated in accordance with this social reality.
4- How to enroll members and prevent consumption?
The next step is to start adding partners to our cause. In this sense, members must surrender their ID, pay a fee, recognize regular marijuana use and not have a criminal record related to public health.
Another topic to keep in mind is the association’s consumption forecast. To do this, partners must stipulate the amount of cannabis they consume approximately per month. These forecasts are added up and the result will legitimize the association to supply its partners. see more
Keep in mind that the regulation aims to achieve a peaceful coexistence of these activities with other uses that are developed in the city – especially the residential, as well as guarantee the preservation of the health of the citizens and the environment , without this reason the fundamental right of association is diminished in a disproportionate way.
The right of association and other rights declared constitutionally as fundamental, but to establish the parameters a balance between their exercise and the exercise of other fundamental rights, such as physical and moral integrity, the protection of Health , and the enjoyment of a suitable environment for Development of the person. In this regard, article 43 of the Spanish constitution states that it is the competence of the public authorities to guarantee and protect Public health through preventive measures.
5- How to produce marijuana for the club and maintain the place?
Ideally, not to participate in the black market, the associations that the association self-cultivate the cannabis that its partners consume. In this case, the production is adjusted to the sum of the consumption forecasts. However, many associations do not have the means to self-produce their marijuana, so they resort to joint buying. In it, in the name of the partners, the Board of Directors acquires cannabis from a third party.
The combined purchase is, like production, the sum of consumption forecasts. The maximum consumption forecast is limited to 60 grams per month per member. Whether marijuana comes from self-sufficiency or the black market, partners must be notified of production or procurement prices with maximum transparency. In addition, the final price of the product must be duly justified and broken down.
As the association grows, jobs should be assigned to people who are in charge of the functions necessary for the operation of the club, such as production, administration, accounting, management… Partners who perform work in the association must have a contract, stipulated salary, etc. Just like anywhere else.
This is one of the most common negligence in associations that are just starting out, not to regularize the jobs and consequent remuneration of employed partners. Beware of these work and regulatory aspects, as they can disrupt all the previous work that has been necessary to set up a cannabis social club.
6- How to make it work?
The club may not advertise or promote consumption outside of its own members. In addition, a democratic organization must be ensured, guaranteeing members their participation in any decision if they so wish.
Once the club grows and is established, jobs should begin to be distributed to the people responsible for the proper functioning of the club. If a partner develops any activity in the association, whether producing, accounting or managing, he must be reflected and formalized with an employment contract. Obviously, if an association is opened, all red tape, as well as official labor and regulatory aspects, as in any other company or association, must be respected.
The Municipal Ordinance regulating the conditions for the development of the activity is foreseen , which may affect the regulation contemplated in this Special plan Urban development, which may be modified.
The activities of private social clubs consistent with consumer associations of cannabis duly implemented at the time of the entry into force of a special plan that do not comply with technical requirements C) and D) of article 8 of the regulations, will have a period of 18 months from the validity of the special Urban plan, to adapt.
After that period without the premise where the activity of the private Social club consisting of an association of cannabis consumers has complied with these technical requirements, the activity will out of organization and subject to immediate cessation.
Another important detail regarding a cannabis club board of director´s perspective is understand how the cannabis is concerned to the Spanish medical system and culture, which you can verify in the next chapter.
7- Health Concern About cannabis in Spain
Cannabis is the most widespread illegal drug in Spain and in the European Union. In Europe it is estimated that 14.6 million young people have consumed cannabis in the last year (11.2% of these age groups). In Spain, consumption in the last year stood at 9.2% of the population of 18-64 years and 14.5% among young people of 15-17. In Barcelona, consumption in the last 30 days is 18% in boys aged 13-18 years and 15% in girls. Of all the people who have consumed cannabis in the last year, 25% have a problematic consumption, being this constant proportion in all ages. In Barcelona, the latest data available are from the study FRESC2012 according to which, in the school population of 13 to 18 years, the prevalence of consumption in the last 30 days is 18% in Boys and 15% in girls.
The effects on health are controversial, on the one hand there are beneficial effects and on the other there is evidence on the negative consequences of excessive consumption. This Is how It is exhibited from the public Health agency in the report issued in the month of April of this year.
The harmful effects of cannabis are donated by the concentration of tetrahydrocannabinol (THC); in greater concentration and more quantity, plus associated pathology. Apart from addiction, the effects on health are:
- neuropsychological and cognitive deficit.
- Decreased psychomotor performance and increased accident rate.
- Decreased sex hormones with decreased fertility.
- Mental disorders such as anxiety, depression, psychosis and a motivational syndrome, among the most important.
All the effects described above are more severe when consumption is initiated, therefore One of the most vulnerable populations is young children and adults.
On the other hand, the therapeutic potential of cannabis has been revised extensively in numerous scientific publications, but of the more than 60 active principles of this plant, it has only been proven the positive effect of cannabidiol (CBD). The proven therapeutic indications are: Multiple sclerosis, nausea and vomiting, secondary to chemotherapy and radiotherapy, chronic neuropathic pain, Palliative treatment for patients with Cancer and AIDS, Gilles de la Tourette syndrome, anorexia syndrome and cachexia, control of muscular spasticity, glaucoma and some Inflammatory diseases.
According to the provisions of the plan of action on Drugs of Barcelona 2013-2016 (approved by the Plenum of the Municipal Council in session of 18 October 2013), the stage of compulsory secondary education is key for the prevention of behaviors of Health risk. In fact, the coverage of the Universal drug Prevention programs in high schools has remained stable over the last few years (2010 to the present).
The plan of action in prevention on drugs 2012-2016 (PAPD) of the agency of public health of Catalonia that addresses to the whole population residing in Catalonia, without distinction of age, gender, cultural origin, social affiliation or lifestyle, however , it considers the existence of certain priority intervention groups, which are the following: childhood, adolescence and youth; people who consume drugs in a problematic or risky manner; with disorders of alcohol abuse, tobacco or other drugs; people in a situation of social Vulnerability , at risk of social exclusion or in a situation of manifest exclusion.[/sociallocker]