To set up a cannabis association or cannabis social club in Spain you need, at a minimum, three founding members, a founding charter with articles of association, and registration of the association in the relevant register. But complying with the law on associations is not enough: there is no national law regulating cultivation and consumption within these clubs, and the courts have punished as crimes models that resemble organised distribution. In this guide we go through the legal requirements, the steps to open one and the risks you should know before you start.
Are cannabis associations legal in Spain?
Setting up an association of cannabis users is legal: it is an exercise of the right of association. What is not regulated is the activity many associations carry out, such as growing for members or consumption on the premises. That activity sits in an area that has been defined by the courts:
- The Spanish Supreme Court, in judgment 484/2015 of 7 September (the Ebers association case), 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 has fully or partially struck down the regional laws that tried to regulate the clubs: the Navarre regional law (STC 144/2017), article 83 of the Basque addictions law (STC 29/2018) and Catalan law 13/2017 (STC 100/2018). The main reason: criminal regulation of drugs is a matter for the State.
In practice, this means that a cannabis association is viable, but its design (number of members, how it is supplied, consumption control) determines the criminal risk. That is why it is so important to plan the project properly from the start. If you want to understand the model in more detail, read our guide on how a cannabis social club works.
Requirements to open a cannabis association
These are the basic requirements of Organic Law 1/2002 on the Right of Association, plus those arising from the club’s activity:
- Three or more founding members. The law requires the agreement of at least three natural or legal persons (article 5). They usually hold the positions of president, secretary and treasurer.
- Founding charter and articles of association. The charter records the agreement to set up the association and approves the articles, which set out its purposes, governing bodies, members’ rights and duties and financial arrangements.
- Non-profit purposes. The association cannot distribute profits among its members. Fees must be used for its purposes.
- Registration in the register of associations. National or regional, depending on its scope. In Madrid, the Community of Madrid register.
- Tax identification number (NIF), which is requested from the Spanish Tax Agency.
- Premises and municipal licence. If the association is going to have premises open to members, they need the activity licence required by the town council. Some municipalities have specific by-laws on cannabis clubs or smokers’ clubs, with requirements on ventilation, capacity or distance from schools and health centres.
- Internal admission rules and member control. Adult members only, a register of sign-ups and departures, and clear rules on consumption. These controls are what the courts usually examine.
Steps to set up a cannabis social club
- Design the project with a lawyer: expected number of members, premises, funding and operating model.
- Draft articles of association tailored to the association’s real activity.
- Hold the founding assembly, sign the founding charter and elect the board.
- Apply for registration in the register of associations.
- Request the NIF and open a bank account in the association’s name.
- Apply for the premises licence from the town council, if you are going to have premises.
- Set up internal management: member register, data protection, accounting and rules for using the premises.
How long does it take to set up a cannabis association?
The register has a maximum of three months to register the association from receipt of the application. If no decision is notified within that period, the application is deemed approved (article 30 of Organic Law 1/2002). On top of that, you need to allow for the municipal licence for the premises, which varies greatly between town councils.
How to run a cannabis club without risk
Most of the legal problems clubs face do not come from their incorporation, but from day-to-day management. These are the points to watch:
- Membership: adults only, with a documented sign-up procedure. Avoid advertising and open recruitment of members.
- Number of members: models with hundreds or thousands of members are the ones that have faced the greatest criminal risk in the courts.
- Member management and payments: recorded fees and transparent, non-profit accounts. No prices per gram and no sales to third parties.
- Consumption on the premises: consumption inside the private premises is not governed by the Public Safety Act, but use or possession in public places is penalised. We explain it in our guide on fines for use in public places.
- Data protection: consumption data is particularly sensitive and must be processed with GDPR safeguards.
Cannabis associations in Madrid
In Madrid, the association is registered in the Register of Associations of the Community of Madrid if its scope is regional, and the premises must obtain the licence or responsible declaration required by the relevant town council. Municipal rules can vary between municipalities, so it is worth checking them before signing a lease.
Frequently asked questions
How many people do you need to set up a cannabis association?
At least three founding members, under article 5 of Organic Law 1/2002.
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 brings together cannabis users and also raises criminal law issues about supply and consumption. The requirements for the premises may be similar, but the legal risks are not.
Does a cannabis association need an opening licence?
If it has premises open to members, yes: it needs the municipal permit that corresponds to its activity. The requirements depend on each town council.
Is there a law regulating cannabis social clubs in Spain?
There is no specific national law. The regional laws of Navarre, the Basque Country and Catalonia were fully or partially struck down by the Constitutional Court, so the framework is set by the law on associations, municipal rules and criminal case law.
We help you set up your cannabis association
At S&F Abogados we design the project with you, draft the articles of association, handle the registration and advise you on day-to-day management to reduce the legal risk. Find out about our service for cannabis social clubs or call us on +34 919 532 802.
