The constitution of associations for the personal use of cannabis are having a great boom in Spain to what has not been alien, on one hand, the more tolerant treatment of the Justice towards the use or self-consumption of cannabis and other substances and on the other hand, the facilitation provided by the Local Corporations of the obtaining of permits for the development of this activity of establishment of cannabis consumption clubs in Spain (also known as Cannabis Social Clubs).
We can say that two are the most interesting perspectives that this topic presents: one would be the one concerning the boundaries to avoid it becomes a criminal behavior and a second aspect has to do with the obtaining of permits from the City Council for the development of the activity of cannabis clubs in Spain.
The atypical nature of shared consumption led to the creation of associations aimed for the cultivation and distribution of marijuana among their members and our Supreme Court has made various pronouncements in order to specify the conditions under which the activity carried out by these organizations can be lawful.
The atypical nature of the shared use is applicable when the following circumstances or requirements concur:
1.- People who use cannabis must have an addiction, since the aim of the association is to avoid spreading the consumption of these substances.
2.- It is very important that use should take place in a closed space and must not be visible to third parties. Hence, the premises where the club is desired to be situated are usually required to have an independent and separate entrance from the place where consumption takes place, and all this is done to avoid, and is always done with great deal of effort, that this activity is seen by third parties and to allow the spreading of an activity that is logically considered harmful.
3.-The quantity must be minimum, appropriate, very small and suitable to be consumed in a session or meeting.
4- The association could never be very big since it is something that has no relevance abroad.
5.- Consumers will be identified and must be members of the association.
6.-It must be a quick use so that the member goes to the club to smoke and then after carrying out this act leaves the center or club.
Assuming the legal development of this associative consumption activity of cannabis, the second question has to do with obtaining permits for the development of such activity of cannabis consumption clubs or in other words, the authorization of the City Council of the town where you want to develop the said activity.
The City Councils usually recognize this activity and require the constitution of an association whose purpose will be to have the association club’s operation regulated. This association must be registered like any other association.
Another important requirement will be everything related to the authorization of the premises where this activity is going to take place.
From our experience we know that this is usually a complicated issue because the premises must meet the conditions established by the City Council not only in relation to capacity and facilities, but also because of the location, which must be far from certain sensitive places such as schools, educational centers, health centers, etc.
The submission of an application for authorization of a cannabis club in Spain requires the simultaneous filing of a technical project and facilities of the premises, as well as the certification of a contract that proves the ownership of the premises, given that the license will be requested and granted in relation to the specific premises.
In this matter we always advise the drafting of contracts either for sale or for lease, subject to the obtaining of the said authorization (license).
This requires the pertinent negotiation with the owner of the premises so that he accepts the said conditions because if this is not the case we don’t advise the signing of any contract.
For the search and location of premises we usually count on the services of experts and agencies that look for and locate properties in conditions for the development of the said activity.
We are not going to insist more on this subject that has already been well discussed in this website in previous articles and we conclude by offering our services for anything you may need in relation to the setting up of cannabis consumption clubs in Spain.
