Legal Framework & Cannabis Law in Spain

Cannabis social clubs (CSCs) in Spain operate within a complex legal framework. While cannabis cultivation, possession, and consumption for personal use in private spaces are not criminal offenses, the sale and public distribution of cannabis remain illegal under Spanish law.

Cannabis social clubs function as private, non-profit associations. Under Spanish law (Article 22 of the Spanish Constitution and Organic Law 1/2002), citizens have the right to form associations. CSCs leverage this constitutional right to create member-only organizations where cannabis is collectively cultivated and distributed among members—never sold to the public.

These associations must operate transparently, maintain proper records, ensure strict member-only access, and avoid any form of public promotion or commercial activity. The key principle is that all activities occur within a closed, private environment where members have voluntarily chosen to associate.

The Spanish Supreme Court has established important precedents regarding cannabis social clubs. In its ruling STS 484/2015, the court recognized the legitimacy of cannabis social clubs when they operate strictly within established guidelines: member-only access, non-profit structure, transparent operations, and cultivation limited to the collective needs of members.

However, the court has also ruled against clubs that operate with commercial intent, allow unrestricted membership growth, or fail to maintain adequate controls. The legal tolerance of CSCs depends entirely on their adherence to the non-commercial, private association model.

A fundamental aspect of the legal framework is the private nature of cannabis social clubs. Publishing addresses publicly would contradict the principle of operating as a private, member-only association.

Spanish law requires that cannabis activities occur in private spaces, away from public view and access. Making club locations publicly available would invite scrutiny and potentially expose the association to legal challenges.

This is why legitimate clubs only share their addresses with approved members and use invitation-based systems to control access. This protective measure ensures clubs remain compliant with the legal requirement of operating as truly private associations.