Cannabis social clubs are private, non-profit associations made up of adults who gather in a private venue to consume or obtain cannabis in a controlled manner. They emerged in Spain in the 1990s as an alternative to the black market and as a way to consume cannabis responsibly and privately, without breaking the law. Today there are around 1,400 to 1,600 registered cannabis associations in Spain, with the highest concentration in Catalonia (especially Barcelona) and the Basque Country. However, opening a cannabis club remains a complex process due to legal ambiguity: there is no specific law regulating them, which creates a regulatory vacuum and legal uncertainty. In this guide we explain step by step how to create a cannabis club in Spain, detailing the legal requirements, the current situation (is it legal or illegal?), relevant case law, possible sanctions, and tips to avoid legal problems. The aim is to combine accessible language with technical rigor, offering up-to-date information through 2025 on how to set up a Cannabis Social Club safely and responsibly.
Is it legal to open a cannabis club in Spain?
In Spain there is no specific regulation on cannabis smokers’ clubs. These associations rely on the right of association (Organic Law 1/2002) and on the permissibility of private self-consumption of drugs. The Citizen Security Law (Organic Law 4/2015, known as the Gag Law) sanctions the consumption or possession of drugs in public places with serious fines (from €601 up to €30,000 in serious cases), but it does not apply in private spaces, which includes premises of duly constituted cannabis associations. In other words, consuming cannabis in a private and closed setting among adult members is not a crime or an administrative offence per se. In fact, the Spanish Supreme Court has recognized the concept of shared consumption of drugs as atypical (not punishable) provided certain conditions are met: a small group of people, a strictly private setting, all adult consumers already accustomed to consumption, properly identified, and reasonable quantities intended for immediate personal consumption. Some judgments have suggested, by way of guidance, not exceeding around 20–30 members in the association and not storing more cannabis than necessary for the immediate daily consumption of those members.
However, the fact that the activity may fit within shared consumption does not mean that any club is automatically legal. Authorities and courts draw clear limits: the Criminal Code harshly punishes the cultivation, production, or trafficking of drugs (Article 368 of the Criminal Code, with prison sentences of 1 to 6 years depending on the substance), including promoting or facilitating illegal consumption or possessing drugs for distribution purposes. A cannabis club that in reality operates as a front to sell marijuana to third parties would be committing crimes against public health. The Supreme Court has made this very clear in its case law: any organized, institutionalized, and persistent cultivation or distribution of cannabis within an association that is indiscriminately open to new members is considered drug trafficking. For example, in Supreme Court Judgment 484/2015 (the Ebers case), the directors of a club with 290 members and collective cultivation were convicted of a crime against public health, as the activity on such a scale went far beyond mere private shared consumption and was closer to concealed trafficking. Similarly, in 2016 the Supreme Court emphasized the difference between a spontaneous group of friends sharing cannabis and an organized structure with a vocation for permanence and unlimited incorporation of members, considering the latter very different from personal consumption and closer to an illegal supply cooperative.
Conclusion: opening a cannabis club in Spain is legally possible, but it operates in a tolerated legal limbo rather than under explicit legality. It is not strictly legal, as there is no law regulating it, but it is not automatically illegal either if the conditions of private shared consumption are met. One could say it is not permitted, but it is permitted, an apparent contradiction typical of a legal vacuum. In practice, cannabis clubs operate under tolerance as long as they act discreetly and scrupulously comply with certain requirements; otherwise, their founders risk criminal proceedings for drug trafficking or illegal association. Below, we detail the legal requirements and steps to set up a cannabis club while minimizing risks.
Requirements and steps to open a cannabis social club
Although there is no specific law on cannabis clubs, experience and case law have outlined a series of basic legal requirements to found a non-profit cannabis association in Spain. Broadly speaking, these are the essential steps and conditions:
- Form a non-profit association: The legal basis of any cannabis club is the formal creation of a private association of cannabis consumers. At least three founding members (of legal age) are required to hold a founding assembly in which the founding act is approved and a governing board is elected (usually a president, secretary, and treasurer). Clear statutes must also be drafted defining the purpose of the association (to provide a private space for the shared consumption of cannabis), internal rules, the absence of profit motive, and the rights and duties of members. All of this is recorded in writing and signed by the founders, evidencing the intention to create the club in accordance with the Law of Associations.
- Registration and tax ID: Once constituted, the association must be registered in the official register of associations. In Spain this is usually done before the National Register of Associations (Ministry of the Interior) or the competent regional register, submitting the signed founding act, statutes, and identification documents of the promoters. With registration, the entity acquires legal personality. Then it is necessary to obtain a tax identification number (CIF/NIF) from the tax authorities by filing form 036/037 along with copies of the registered founding act and statutes. This tax ID allows the association to open a bank account, rent premises, or issue membership fee receipts.
- Suitable premises and opening license: The club must have a private venue for its activities. Legally, the premises cannot be open to the general public, only accessible to registered members, with no exterior advertising identifying its activity. It should preferably be at street level, as many municipalities prohibit operation in residential dwellings, and it must meet adequate safety, hygiene, and ventilation conditions. Before starting operations, the opening must be communicated to the local council through a responsible declaration or an opening license as a private club must be obtained. Many municipalities have approved urban planning ordinances regulating technical requirements, such as minimum distances from schools, playgrounds, or health centers; installation of ventilation and air-filtering systems; soundproofing; access with double doors or vestibules, and so on. Compliance with these municipal regulations is mandatory to avoid sanctions or closure. Tip: choosing an isolated location or one with few neighbors can avoid conflicts, and checking the homeowners’ association rules if the premises are in a residential building is advisable to ensure the activity does not violate community rules.
- Member profile and admissions: A cannabis social club must be a private and closed circle of adult, habitual cannabis consumers, without public exposure. Therefore, not just anyone can walk in off the street and become a member immediately. There are admission requirements generally accepted by case law and best practices: members must be of legal age (18), although many clubs set the minimum at 21 to promote a more responsible profile; they must be prior cannabis consumers, usually signing a declaration upon joining stating that they already consume habitually, to avoid encouraging initiation; and they should have no relevant criminal records. In addition, sponsorship by an existing member is usually required, meaning a new member must be introduced or recommended by a veteran member, ensuring trust and avoiding infiltrations. Many clubs also establish a waiting period, for example 15 days from registration until access to cannabis is allowed, as an additional safety measure. Finally, a maximum amount of cannabis per member is typically set, generally around 90 grams per month (according to the National Institute of Toxicology, approximately 3 g per day) for each member. This limit is recorded in the consumption declaration signed by the member and is used to estimate collective needs. All these criteria should be reflected in the statutes or internal regulations of the association.
- Internal operation and absence of profit: The club’s activity must be carried out privately and without commercial purposes. This implies several things: the sale of cannabis to members or third parties is not allowed; cannabis cannot be a commercial product, only a shared supply for consumption within the private sphere of the club. Any financial contribution by members must be used to cover the association’s expenses, such as rent, utilities, cultivation, or maintenance, and never to generate distributable profits. If there are surpluses at the end of the year, the proper course is to reinvest them in improving the association. On the other hand, lawful complementary activities may be carried out within the club, such as offering soft drinks, coffee, or food to members, selling merchandise or smoking accessories, organizing cultural events, informational talks, cultivation courses, and so on, always exclusively for members and on the condition that profits are reinvested in the association itself. These ancillary economic activities, properly declared to the tax authorities, are legal for a registered association. But it bears repeating: cannabis cannot be the object of commercial transactions; if the club starts operating like a commercial dispensary, it would incur criminal liability. Case law (STS 484/2015) was categorical: a club cannot distribute cannabis continuously, even among its members, because that exceeds shared consumption and becomes drug trafficking.
- Quantity of cannabis and storage: A critical point is controlling the amount of marijuana handled by the club. No more cannabis than is immediately necessary to meet the daily consumption of members should be stored. Keeping large quantities on the premises greatly increases legal risk, as authorities will presume trafficking if more than self-consumption amounts are seized. Although there is no fixed legal threshold, forensic experts use guidelines: around 3 to 5 grams per member for daily consumption, or a forecast of a few days. For example, if a club has 50 active daily members, having around 150–250 grams on site could be justified (50 × 3–5 g); by contrast, having several kilograms stored would be wholly unjustifiable and considered trafficking. It is advisable to keep records of cannabis entries and exits, noting how many grams are delivered to each member and on what date, so that it can always be justified that the amount present corresponds to declared and imminent consumption.
- Collective cultivation and supply of the substance: Since buying cannabis on the black market or selling it is illegal, clubs use formulas to self-supply in a pseudo-legal way. There are mainly two methods, which can even be combined: shared cultivation and collective purchasing. In shared cultivation, the association grows cannabis plants on behalf of its members. To do so, a cultivation manifesto is prepared in which each member declares a monthly consumption forecast, for example 60 g per month, and authorizes the club to cultivate that amount on their behalf. By adding up all forecasts, the cultivation is sized to produce approximately what is required collectively, without excess. An agricultural engineer can certify that the production corresponds to the number of members. After harvest, the marijuana is privately distributed among members according to their needs, never to outsiders. Alternatively or additionally, some associations make joint purchases: members pool money so the association can acquire cannabis from a third-party grower, always without profit motive. In this case, collective purchase records are drawn up periodically, for example weekly, stating how many grams have been acquired and for which members. Both cultivation and purchases must be documented and covered in the statutes, which may include both supply methods. The goal is to ensure traceability: to be able to demonstrate, in the event of a police inspection, that X grams found on the premises come from the association’s cultivation for its Y members who consume Z grams each, and that nothing has entered the black market.
- Tax and administrative obligations: Although the association has no profit motive, it must comply with certain administrative obligations. As mentioned, obtaining a tax ID is required. In addition, the cannabis association must declare itself exempt from corporate tax if it does not carry out profit-making activities and must file taxes if applicable, such as VAT if it sells drinks or other legal products. It is essential to keep accounting records of all income, such as membership fees and cultivation contributions, and expenses, and to keep invoices. Compliance with data protection law regarding the member list, which is sensitive information, is also required. Furthermore, although cannabis consumption is not taxed, some clubs voluntarily contribute municipal fees to improve their image with authorities. Finally, it is advisable to join sector federations, such as the national Federation of Cannabis Associations or regional federations, as this provides a degree of legitimacy and access to advice. It is not a legal requirement, but it is good practice to stay informed about legal developments and coordinate in defense of the model.
In summary, setting up a cannabis club requires meeting the same procedures as any association, combined with additional measures due to the substance involved: strict control of admissions, quantities, and discretion. Unlike a normal social club, a CSC must operate almost clandestinely within the law to avoid crossing the limits of self-consumption. This demands great responsibility and organization from the founders.
Common legal problems and how to avoid them
Due to the alegal status of cannabis clubs, it is easy to run into legal problems if care is not taken. Below are the most frequent risks these associations face and best practices to avoid them:
- Advertising, promotion, or public appearance: A serious mistake is giving the club public visibility through advertising, signs, or flyers, or openly promoting membership. Any advertising of cannabis can be interpreted as incitement to illegal consumption. Authorities recommend maintaining a low and discreet profile, with no flashy signs or offers. The club should almost go unnoticed. Member recruitment should be private, by word of mouth, never openly on social media. Likewise, prohibiting photos or videos inside the premises is advisable, to prevent images from circulating that could generate alarm or evidence against the club.
- Admitting minors or unauthorized persons: It is strictly forbidden to allow entry to minors under 18, even if only accompanying someone. The presence of a minor would invalidate the legal coverage of private consumption and could constitute corruption of minors. Likewise, non-members should not enter the premises; everyone present must be registered and documented. Therefore, rigorous access control is implemented, with staff identifying each person at the entrance by membership card and ID. These measures protect the club in the event of an inspection, demonstrating that access is restricted to authorized members.
- Excessive membership or uncontrolled growth: A club cannot become a macro-association. The larger and more open it is, the greater the legal risk. There is no legally fixed maximum number, but case law suggests that a small group is essential, some judgments referring to dozens, not hundreds, of people. Keeping membership limited and closed, for example under 100 active members, helps the activity be considered intimate self-consumption. By contrast, signing up hundreds of people, especially strangers or tourists, would attract attention and could lead to accusations of operating as a disguised point of sale. To avoid this, many clubs implement waiting lists once a certain number is reached and periodically screen inactive members. Control through sponsorship limits also prevents indiscriminate growth.
- Continuous distribution or hidden profit motive: It is vital to respect the philosophy of shared consumption. Cannabis should not be sold, not even to members, but delivered as part of collective consumption. If a club starts operating with a business mindset, seeking profits, distributing dividends, or paying high salaries to directors, it increases the risk that a judge will find criminal profit motive. Supreme Court Judgment 484/2015 was very clear, sanctioning a club for distributing cannabis in a constant and organized way, with successive crops to supply almost 300 people, which was considered outside the scope of private consumption. The lesson is not to over-professionalize the club: it must remain in an almost amateur, friendly environment, without regular commercial operations. Establishing in the statutes a prohibition on distributing profits and an obligation to reinvest them is essential. Also, limiting opening hours and not operating every day like a commercial establishment helps emphasize the associative, non-commercial nature.
- Improper storage or transport of cannabis: As mentioned, having more cannabis than necessary invites legal trouble. Only the amount intended for immediate consumption should be stored, avoiding stockpiling. If police search the premises and find several kilograms packaged, it will be difficult to argue it is all for personal consumption of members. Relatedly, care must be taken with transporting marijuana, for example from the cultivation site to the club. It should be done privately, discreetly, and preferably in small quantities. If a club officer is stopped in public carrying several hundred grams without justification, they could face both an administrative fine for possession in a public place and criminal charges if the amount exceeds self-consumption limits. Therefore, it is preferable for cultivation to be on site or very close by, and to transport the cannabis discreetly, always accompanied by documentation.
- Failure to comply with local or urban regulations: Many clubs have been closed by municipalities not directly for drugs, but for administrative infractions, such as lack of an opening license, noise issues, or neighbor complaints. In recent years, several municipalities have used coexistence or nuisance ordinances to close clubs that did not meet requirements, such as lacking proper smoke extraction systems or generating odors in the community. To avoid sanctions or closures, ensure the appropriate license is obtained, reasonable hours are kept, the premises are soundproofed and ventilated, cannabis odor does not escape outside, and neighbors are not disturbed. Maintaining a good relationship with neighbors can prevent complaints. Peaceful coexistence with the environment is key, as a city council can seal a premises if it considers that public health or safety regulations are being violated, even without waiting for criminal proceedings.
In short, the survival of a cannabis club depends on prudent management. Experts recommend adopting rigorous internal control measures and complying with the law to the letter. Document everything, do not let your guard down with any requirement, and always act as if a judge were observing. This way, if the association has to be defended in court, there will be arguments and evidence of good-faith operation within tolerated alegal boundaries.
Case law and current legal situation of cannabis clubs
Since there is no specific state law, courts have defined what can and cannot be done in a cannabis social club. In summary, these are some key case law references and legal developments around CSCs in Spain:
- Doctrine of shared consumption: The legal concept that shelters clubs is the atypical nature of shared drug consumption. The Supreme Court, in several judgments, established that it is not a crime for adult habitual consumers to group together to consume jointly, provided it is done in a closed and private place, forming a small and determined group, without dissemination to third parties, and handling quantities limited to immediate consumption. This doctrine is what clubs attempt to follow to the letter by being strictly private, closed, and small-scale environments.
- Ebers case judgment (STS 484/2015): This marked a turning point. In 2015, the Supreme Court convicted the directors of the Ebers association in Barcelona for drug trafficking, finding that their club, with around 290 members, a local open to almost anyone who applied, and large-scale organized cultivation, far exceeded the limits of shared consumption. The ruling made it clear that a club can become a criminal organization if it grows too large or operates professionally. After Ebers, many clubs began limiting membership and suspending cultivation to reduce risk.
- Quantitative limits: Supreme Court judgments have emphasized quantities. Although there is no fixed rule, the National Institute of Toxicology’s table estimating maximum daily consumption, 3 to 5 grams of cannabis per person, is often cited. If quantities seized in a club far exceed what would correspond to daily consumption per member, judges presume trafficking intent. For example, case law has considered more than 100 grams of marijuana in the possession of a single person as a strong indicator of trafficking. In club contexts, this criterion is extrapolated to the total stored amount.
- Annulled regional regulations: In the absence of state action, some autonomous communities tried to regulate clubs themselves. Navarre approved a pioneering regional law in 2014, and Catalonia approved Law 13/2017 on cannabis consumer associations. However, the Constitutional Court struck down these regulations for invading state competences. As a result, the specific legal frameworks these regions attempted to create were nullified, returning the situation to general alegal status.
- Municipal ordinances and their fate: At the same time, cities such as Barcelona or San Sebastián approved urban planning ordinances to organize clubs within their territory. Barcelona implemented a special urban plan in 2016 imposing requirements on location, surface area, ventilation systems, and access design. Many clubs adapted to this local regulation. But in 2020, the Supreme Court ruled that municipalities lack competence to regulate cannabis clubs beyond basic urban aspects and annulled both the San Sebastián ordinance and the Barcelona plan. This left clubs without local regulatory support and led to renewed enforcement actions.
In conclusion, current case law allows CSCs to exist only under very restrictive conditions, and attempts to provide them with formal regulation have so far failed. As of 2025, there is still no state law providing legal certainty. However, there is growing consensus on the need to regulate, with several bills introduced in Parliament, none yet approved. Until then, clubs operate on unstable ground and must impose strict standards on themselves.
Regional differences: Madrid, Barcelona, Valencia, and other provinces
Although the basic rules are state-wide, in practice each region and city experiences cannabis clubs differently. Local authority attitudes vary. In Catalonia, especially Barcelona, there has been both proliferation and increased pressure. Madrid has fewer clubs and a more conservative approach. Valencia and Alicante have seen moderate tolerance without specific regulation. Other regions such as the Basque Country and Navarre have a long tradition and relative normalization, while in other areas the environment is more restrictive. In all cases, understanding the local context is essential before opening a club.
Conclusion
Creating a cannabis club in Spain is possible, as demonstrated by the hundreds of associations in operation. When well designed, it allows adult consumers to access cannabis safely and away from the black market. However, it is a delicate project that requires navigating a complex and evolving legal landscape. Without a specific law, clubs operate in a grey area where strict compliance with association law and court guidelines separates them from illegality. Anyone considering this path must do so responsibly and knowledgeably, with legal advice, discretion, and rigorous self-regulation. Acting transparently, prudently, and within tolerated limits is the best guarantee until a clear regulatory framework is finally adopted.