Cannabis Social Clubs Are associations of citizens who organize the cultivation of a limited amount of cannabis (marijuana) to suit their personal needs. Establishing a closed production, distribution and consumption in accordance with legal requirements that are applicable in their country circuit.
Right now they are legally, they are more than 1000 Cannabis Social Clubs operating in Spain. There may be possibilities for a club in any country where cannabis is decriminalized. In December of 2011 was develpoed a code of conduct for European Cannabis Social Clubs.
Loroño Lawyers make all the necessary arrangements until the association of cannabis is consituted and subsequently manage the clubs offering comprehensive advice to its members, including facilitating models to appeal any penalties for illegal possession.
The international drug conventions do not include an obligation on countries to ban the consumption and cultivation of cannabis for personal consumption. For this reason, the signatory countries can decriminalize and regulate the cultivation for personal use without fear of international sanctions. These measures form the basis for a rational policy, but insufficient. The cultivation for personal use can not meet the huge demand. Contains automatically guarantees against all health risks or against diversion to the black market. To minimize these risks, more developed system of production and distribution is required.
The most rational solution is the collectivisation of cultivation for personal consumption. Adult consumers who do not want to cultivate themselves can form non-profit associations in order to obtain a legal, safe and transparent access cannabis for its members. Implement a model for a regulated market where supply is always demand-driven, and production is limited to an amount established as necessary to meet the demand of personal consumption of the partners.
Planning the establishment of a Cannabis Social Club’s purpose should be to avoid any contact with the illegal market. A CSC should not only appear as legal, must also be in effect, and its members must be able to show it in an eventual trial. Therefore, a rigid discipline in the administration and organization of the club is needed.
Every club needs partners actively involved in the organization in various ways and with different responsibilities. The rules should be clear and simple, and monitored democratically. It is a good idea to contact a lawyer who can give advice on the steps to take and eventually prepare the legal defense if necessary.
Before taking the first step, it is necessary to analyze the legal framework for the use of cannabis. In Spain the consumption of cannabis is not considered a crime and possession of a small amount of cannabis for personal consumption does not lead to criminal prosecution and it is possible to organize a successful legal defense for Cannabis Social Club, based on the argument that when people have the right to consume, they should have the right to cultivate for their own consumption
1. PUBLIC PRESENTATION OF THE INITIATIVE
The first step is the public presentation of the initiative to organize a Cannabis Social Club through a press conference or a public action. It is best to involve a famous personality (a politician or artist) to obtain media coverage and openly if you are in possession of seeds, plants or small amounts of cannabis during the presentation, reduce the risk of persecution .
In the presentation, it should be clarified that the sole objective of the club is grown for personal consumption of adult members, and to provide a legal, safe and transparent alternative to the illegal market.
When the authorities respond not pursue the initiative, indicating that it is time for the second step.
2. CREATION CLUB
The next step is the formal establishment of Cannabis Social Club, as an association of cannabis consumers and producers who collectively cultivate the necessary amount of cannabis for personal consumption through a closed circuit. Create an executive committee, including at least a president, a secretary and a treasurer, and install a transparent and democratic process of decision and that all partners are aware of the most important steps the organization does, establishing arrangements financial, etc.
In the statutes should include the purpose of the association: avoid the risks associated with cannabis use caused by the illegal market (adulteration etc.). You can also refer to the objective of investigating the cannabis plant and greener and healthier ways to cultivate and to promote a social debate on the legal status of cannabis and its consumers.
The statutes must be legally registered and approved by the appropriate authority.
Now it’s time to start allowing new members (ensure they are already cannabis’ consumers or have a recognized medical condition in which cannabis may find it beneficial).
Begins to grow! Set the amount necessary for personal consumption of the partners and organize the collective production of this amount in a collective plantation. Ensure the crop is organically, there is a good variety of plants, so partners can always choose between different species and decide which is the most convenient for them.
Ensure that persons working in the plantation or transport of plants and / or cannabis are always in possession of documents that explain how the association works and refer to the legal background. These documents must be that cannabis is grown for partners that can be identified with the official information (eg, copies of their identity cards). These documents may be crucial to avoid prosecution of those most involved in the partnership if the authorities decide to participate.
3. PROFESIONALIZE THE CLUB
Over time, the number of partners grow and the organization of production, transport, payments etc. You need to be more professional. To facilitate the association control of the plants, it is better to have several small-scale plantations.
Each club can have its own rules that complement the statutes and concern the use of the local club, payment of contributions from partners, the good spirit of the club, etc, for example with regard to the sale of cannabis produced by the club people who are not members, especially minors.
To avoid problems and misunderstandings can be better to inform the authorities of the fact that the club is growing cannabis collectively. Some clubs do with a message to law enforcement authorities in their region, to the office nearest municipality or police, others just sending a press release.
Being a non-profit does not mean that commercial transactions can not take place. Produce good quality cannabis in a safe and healthy manner requires work, which should be remunerated. To operate as a partnership, you should make expenditures and people who run it must be paid as well.
The pricing should be done in a transparent and democratic manner. Charges included include: renting space, utilities, supplies, salaries, office expenses, petrol and general expenses of the association. These are divided by the amount of cannabis cultivated by the club and it is the price per gram. In Spain and Belgium, it has been possible to reach a price of between 3 and 4 euro per gram. Most clubs work with annual budgets, so this price may be adjusted each year. In other cases it may have to adapt to each harvest (3-4 months).
The benefits produced are used for the association. The first decision to be taken if more benefits are produced than needed to the objectives of the partnership is to reduce the annual contribution from the partners.
Financial transactions should always be documented (outgoing payments with invoices, incoming payments with receipts). This is important to show in a possible trial that the club is not involved in any illegal activity. It also helps to ensure financial transparency in the organization.
It’s a good idea to establish a mechanism for external control of the organization, by someone who is not a member and has the ability to judge whether the methods used comply with the standards that can be expected.
4. LOBBY FOR A LEGAL REGULATION OF CANNABIS SOCIAL CLUBS
Once a Cannabis Social Club is functioning properly, what remains is to convince the political and legal authorities to install a regulatory legal framework for clubs, with regard to licensing, tax and external control.
In most cases, politicians, legal experts, judges or police simply do not know how to begin regulation of a legal market for cannabis. Actually it can support the process: the models proposed by the consumers themselves can be easily accepted.
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