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Cannabis Social Clubs

The Cannabis Social Clubs (CSC) are non-profit associations registered under the legislation on associations in the exercise of the fundamental right of association set out in the Article 22 of the Spanish Constitution. These associations are composed by people who use cannabis, either by habit or by prescription, in the context of the Supreme Court jurisprudence known as “shared cultivation” and “shared consumption”.

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  • Regulación Actual
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This form of self-organization of the consumption among habitual users of cannabis presents multiple advantages. The following are the ones that stand out:

– It is a safe alternative to the black market

– The access of minors to the substance is denied

– The association has absolute control of the origin, quality and composition of the substance

– It allows a responsible consumption, since the substance is controlled during the whole process, from the cultivation until its later consumption

 

There are two general types of Social Cannabis Clubs depending on whether they are dedicated to:

– Shared cultivation

– Joint purchase

The safest and recommended type is the one dedicated to the shared cultivation, being able to adopt two shapes:

Exterior: the association has a land in which they cultivates plants for its partners according to their respective consumption forecasts

Interior: the association cultivates plants too, but in this case, they are placed inside the premises of the association

 

There is currently no state law regulating the activity of Cannabis Social Clubs. In fact, municipalities and Autonomous Communities are the ones that are gradually developing legislation on this matter.

At the local level, Donostia-San Sebastián has an ordinance, in force since 2014, while, at the regional level, the Comunidad Foral de Navarra also approved at the end of last year a Regional Law that regulates the groups of users of Cannabis of that territorial area.

 

However, in spite of the legal uncertainty that is being solved little by little in smaller instances, there are known by the practice various causes that involve the closing of the Cannabis Social Clubs. The following stand out:

– Promotion of the consumption and marketing of cannabis or other narcotic substances.

– Recruitment of clients who are discharged as partners at the moment and for a short and determined period of time

– Direct or covert publicity by internet or by distribution of flyers in the public road.

– Sale of the substance obtained in the Club to third parties in public road.

– Existence of underage partners.

– Neighborhood conflicts due to smells, smoke, noise or influx of people.

– Not having a correct ventilation system

 

At THC Abogados, we offer a comprehensive and integral advice to the Cannabis Social Clubs, from the procedures for their constitution up to the management of the same ones as soon as they are constituted, including their defense in legal proceedings and tax and labor advice.

Constitution of the association

We provide you our professional services from the public presentation of the idea and the promotion among potential partners (business plan, funding and communication search).

We carry out the legal creation of the CSC, drafting all the necessary documents, such as the Founding Act and the Statutes, and carrying out all relevant procedures before the Registry of Associations and the Finance, guaranteeing, in any case, the adjustment of them to the Legality in force and, therefore, the admission of them in administrative instances.

Startup

Once the association is formed, it is necessary to carry out other kind of procedures, such as the evaluation of the premises conditions or the technical project of the activity license.

In order to achieve all these previous procedures, THC Abogados collaborates with technical engineers who have a deep experience in the elaboration of all those neccesary documents for the beginning of the activity of the cannabis associations.

Management of cannabis associations

Once the association has started its activity, at THC Abogados we provide our professional services for the advice on the management of the club. We provide a close and trustworthy follow-up during the association’s progress, providing the necessary documents for the entry of new members to the club and drafting the minutes of the Board of Directors and the General Assembly of partners, among other formalities.

In addition, we collaborate with agronomist engineers who make the report on the crop forecast, based on the consumption forecast made by the partners themselves.

We will be with you during the course of the CSC

We offer to the Cannabis Social Clubs an integral legal support in:

– Criminal and administrative proceedings

– Assistance in the information and management of their tax and social security obligations

– Advice on labor matters of the staff who are employed by the association

Innovating in the cannabis world

The THC team is composed by experienced lawyers and, in addition, by other professionals of different profiles and long professional careers, specialized in the development of businesses and entrepreneurship.

We share a creative and innovative spirit in business management. We are prepared to accompany and offer you different alternatives as well as all the resources you may need for your Club such as:

– Location search

– Specialized personnel: architects, agronomists, farmers, cooks …

– Suppliers

– Promotion and communication

– Creation and development for your Club:

– Gastronomic Association of Cannabis

– Culture Association

– Plant nursery

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