Learn the essential information you need to know about obtaining a smoking club opening license in Spain.
Considering opening a smoking club but overwhelmed by the process of obtaining the necessary licenses? This article aims to provide insights and guidance for navigating smoking club opening license process. By learning about the necessary steps involved, you’ll be better prepared to embark on this exciting endeavor.
If you’re eager to open a smoking club yet unsure where to start, GrowerIQ’s cannabis production software could be the key to simplifying the process and achieving your goal. This tool offers vital assistance for those exploring how to open and license a cannabis smoking club in Spain.
What Is A Cannabis Smoking Club?
Cannabis clubs are associations that source and distribute cannabis among their members, of course, all of them of age ( above 18 or 21), and in an environment of privacy that reduces the risks associated with the black market or indiscriminate cultivation. These cannabis clubs have emerged in countries where cannabis consumption has been decriminalized, as is the case in Spain.
Non-Profit Organizations for Production and Consumption
A cannabis association or cannabis social club is nothing more than a non-profit organization whose objective is the production and distribution of cannabis and its derivatives among its members. It can be for both therapeutic and recreational use, and you must be legally allowed to join one. In these organizations, you can find a wide variety of high-quality cannabis strains, as well as drinks, snacks, etc., to pair with the different flavors of cannabis.
Cannabis Social Clubs Operating Despite National Prohibition
While cannabis remains illegal in Spain, cannabis social clubs operate within a legal gray area, allowing members to cultivate and consume cannabis privately. To access cannabis in cities like Barcelona, both locals and tourists join these clubs through a membership fee for access to cannabis and social spaces.
Millions of Users and a Thriving Industry
The cannabis social club system in Spain serves over 4 million users and attracts an annual tourism audience estimated between 6.6 to 12.4 million consumers, as reported by New Frontier Data. Within this framework, the numerous cannabis social clubs, primarily in Barcelona, range in membership from around 3,000 to as many as 50,000 members for the largest ones. Given the influx of tourists, many club members likely represent only a portion of the total membership, as tourists typically only frequent the same clubs occasionally.
Spain’s Influence on Cannabis Social Clubs in Other Countries
The success of cannabis social clubs in Spain has influenced other European countries aiming to regulate individual cannabis consumption. Malta, the first EU member to legalize cannabis for personal use in December 2021, established access to such social clubs, and Germany, expected to legalize cannabis this year, plans to incorporate the establishment of cannabis social clubs into its legislation.
Are Cannabis Associations And Smoking Clubs Legal?
Spain’s cannabis social clubs exist thanks to a loophole in the law, which decriminalized the consumption of cannabis in private places. Spain’s cannabis market is based on a decriminalized model in which commercial cannabis operations are prohibited, but personal cultivation and use are decriminalized. In the Cannabis Social Club (CSC) or smoking club model, clubs can cultivate cannabis on behalf of their members while also providing social spaces for it to be consumed.
The Future of Cannabis Social Clubs
As CSCs have proliferated in numbers and memberships, they have become increasingly recognized and normalized socioeconomic elements in their communities. The political dynamics between the national government and the country’s autonomous regions will complicate the course to full legalization. Still, given growing public support, the prospects for national reform raise significant questions about how social clubs will evolve in Spain’s future cannabis economy.
How CSCs Weaken Black Markets and Generate Revenue
Since their appearance in 2002, CSCs have enabled several thousand people to stop financing the black market and know the quality and origin of what they consume while creating jobs and tax revenue. All of this has happened without withdrawing from existing UN drug treaties. The CSC boom occurred after various Supreme Court decisions that stated that cultivation for personal use is not a crime as it is not destined for trafficking.
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Cannabis Smoking Club Opening License And Registration
Constitutive Assembly and Founding Members
To establish a cannabis club in Spain, one must convene a constitutive assembly, where a minimum of three founding members must serve on the board of directors. These members will take on the roles of president, secretary, and treasurer and are tasked with approving and ratifying the club’s constitution and founding minutes, which all members must sign.
Adopting the Statutes of Cannabis Clubs in Spain
The statutes of cannabis clubs in Spain mirror those of the first registered cannabis club, Pannagh. Once all necessary documentation is in order, it must be submitted to the registry of the respective autonomous community for official approval. For the association to be fully valid, it must be officially registered in the National Registry of Associations and receive proper validation.
Joining the Federation of Cannabis Associations (FAC)
Joining the Federation of Cannabis Associations (FAC) is highly recommended to legitimize the club’s operation and support the association movement in cannabis clubs nationwide. This not only enhances the credibility of the club but also fosters collaboration within the community.
Premises License
Any space where individuals congregate, such as a cannabis club, must adhere to activity license regulations. While specific licenses for Cannabis Social Clubs (CSCs) are not yet established in Spain, some cities have issued private smoking club licenses. Basic activity licenses are typically pursued without municipality-specific licenses to advance the club’s establishment project.
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Smoking Club Regulations: 10 Rules You Must Follow
1. Registration of Members
To join a smoking club in Spain, individuals must:
- Complete a registration form
- Pay a membership fee
- Provide national identification to confirm their age of majority
During this process, they must acknowledge their habitual cannabis use, express their voluntary desire to be part of the association and confirm their lack of any criminal record related to public health issues. Notably, new members must also outline their approximate monthly cannabis consumption in grams, ensuring that the total consumption of all members remains within legal limits set by the association.
2. Production
Smoking clubs in Spain are required to self-produce the cannabis consumed by members, ensuring that the total production never exceeds the calculated sum of all anticipated consumption by members.
In situations where self-production is not possible, clubs can opt for a joint purchase, where the board of directors acquires cannabis from a third party. Whether self-produced or purchased, transparency is key, and detailed information on the purchase price and quantity must be shared with all members.
3. Harm Reduction
Smoking clubs must prioritize harm reduction measures related to the supply and consumption of cannabis, ensuring a safe and controlled environment for members.
4. Restricted Access
Only members are allowed access to smoking clubs, and membership is typically granted through invitations from existing members. Individuals may join clubs with a medical prescription confirming the need for cannabis for medicinal purposes.
5. Limits on Personal Allowances
Clubs enforce daily limits on personal cannabis allowances to prevent members from engaging in black-market sales.
6. On-Site Consumption
Cannabis consumption must occur on-site, with limited quantities allowed for takeaway purposes.
7. Non-Profit Approach
Membership fees cover production and management costs; all club revenue is reinvested into club operations.
8. Compliance with Cannabis Quantity Limits
Clubs must adhere to the National Institute of Toxicology’s guidelines on cannabis quantities, ensuring that the amount of cannabis on the premises does not exceed legal limits.
9. Compliance with Court Rulings
Following Supreme Court Ruling 484/2015, smoking clubs cannot distribute cannabis in a stable or institutionalized manner to avoid potential legal consequences.
10. Adherence to Municipal Ordinances
Most municipalities in Spain have specific regulations governing smoking clubs, including rules on architectural features, such as space distribution and smoke extraction. Clubs must operate in enclosed street-level spaces without any external advertising and ensure that consumption remains discreet within club premises.
How Many Cannabis Associations Are There In Spain?
According to the National Drug Plan, there are more than 1,400 cannabis associations in Spain today. Most of them are in Catalonia, with more than 500 CSCs. The police monitor all of them to ensure compliance with all laws. That is why many clubs are closed annually for non-compliance.
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