A cannabis association or cannabis social club is a non-profit association of adult cannabis users who organise themselves to obtain cannabis and consume it in a private space, without going to the illegal market. Setting up the association is legal, but its activity is not regulated by any national law in Spain, so the way it operates must follow the criteria set by the courts to avoid committing a crime. In this guide we explain what a cannabis club is, how it works, whether it is legal and what the risks are.
What is a cannabis association?
It is an organisation listed in the register of associations, with articles of association, a board and members, whose purpose is to allow people who already use cannabis to do so more safely and responsibly. In practice, the terms cannabis association, cannabis club and cannabis social club (CSC) are used interchangeably. It is not the same as a tobacco smokers’ club, which only raises issues about the licence for the premises.
Are cannabis clubs legal in Spain?
Setting up an association of cannabis users is a legal exercise of the right of association. What is not regulated is the activity many of them carry out: growing for members, distribution among them and consumption on the premises. That ground has been defined by the courts:
- The Spanish Supreme Court, in judgment 484/2015, ruled that the organised cultivation and distribution of cannabis through an association with a large number of members was a drug trafficking offence.
- The Constitutional Court fully or partially struck down the laws of Navarre, the Basque Country and Catalonia that tried to regulate the clubs, because criminal regulation of drugs is a matter for the State.
To assess whether supply among members can be considered shared consumption rather than trafficking, case law has taken into account, among other things, whether the members are adult regular users, whether it is a small and identified group of people, whether the quantities are small and intended for immediate consumption, and whether consumption takes place in a closed space without distribution to third parties. The further a club strays from these criteria, the greater the criminal risk it takes on.
How a cannabis social club works
- Membership: only adults who already use cannabis, usually vouched for by another member. Clubs cannot advertise or recruit members openly.
- Fees: members pay fees to cover the association’s costs, on a non-profit basis and without any distribution of profits.
- Consumption forecast: many clubs record each member’s expected consumption to size the supply.
- Consumption on the premises: cannabis is consumed at the private premises, which must have the corresponding municipal permit.
- Documented management: member register, transparent accounts and data protection with GDPR safeguards.
Legal risks for a cannabis association
- Criminal risk for the board and the members if the club is considered organised distribution: a large number of members, admission of non-users, sales to third parties or prices per gram.
- Administrative fines for use or possession in public places outside the premises. We explain it in our guide on the fine for use in public places.
- Closure of the premises if it does not have the appropriate licence or breaches local by-laws.
Are there cannabis clubs near me?
Cannabis associations are private organisations and cannot advertise or admit just anyone. That is why there are no official directories. If you want to become a member, the usual way is to be vouched for by an existing member. And if you want to set up your own, see the requirements for setting up a cannabis association.
Frequently asked questions
How many members do you need to set up a cannabis association?
At least three founding members, under Organic Law 1/2002 on the right of association.
Can you buy cannabis in a cannabis club in Spain?
It is not a purchase: members pay fees to cover the costs of shared cultivation. If the club works like a shop, selling by the gram or to people who are not members, the risk of committing a crime is high.
Can a tourist join a cannabis club in Spain?
Admitting visitors without a waiting period or someone vouching for them is one of the practices that creates the greatest criminal risk for the club.
Is a smokers’ club the same as a cannabis association?
No. A smokers’ club is a private space where tobacco smoking is allowed; a cannabis association also raises criminal law issues about the supply and consumption of cannabis.
Lawyers for cannabis social clubs
At S&F Abogados we set up and defend cannabis associations throughout Spain: articles of association, registration, day-to-day management and criminal defence. Find out about our service for cannabis social clubs, send us an online enquiry or call us on +34 919 532 802.
