The Future of Cannabis Social Clubs Remains Uncertain in Spain

Discussion in 'Europe' started by VakarianZ, Jan 31, 2018.

  1. VakarianZ

    VakarianZ Administrator

    The Future of Cannabis Social Clubs Remains Uncertain in Spain

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    A recent announcement by the Spanish Constitutional Court has provided some relief to cannabis social club members in Spain, but the fundamental issue of federal prohibition of marijuana remains. The same court recently annulled a 2015 ruling that convicted five members of the cannabis social club (CSC) Ebers in Bilbao of drug trafficking. The Supreme Court of Spain had condemned the treasurer, the secretary, and two members of the Bask cannabis social club to imprisonment and fines, despite the constitutional court’s acknowledgment that no personal profit was made.

    A few weeks later, the Supreme Court declared a prison sentence of up to one year and eight months and fines of 250,000 euros for the chairman and the secretary of Bilbao-based Pannagh cannabis social club in addition to two members who had been found packaging the club’s harvest. The legal basis for the operation of cannabis social clubs in Spain is a liberal narcotic act that allows consumption and cultivation for “personal use” in a “private environment.” The court pointed out in its decision that the club, with more than 300 members, could no longer be considered private.

    The recent pronouncement partially protects the members of the association and annuls the 2015 sentence, forcing the Supreme Court to repeat the trial — and similar pending cases like the one mentioned above are likely to follow the same path. But what seems to be a victory at first glance could haunt the industry down the road. The constitutional court did not protect the club and its members for the reasons of legality. Rather, the annulment is based on the lack of the accused’s defenselessness in one of the instances.

    The constitutional judges criticized the Supreme Court for not accepting the defense’s thesis that they acted in this way because they believed they were following the law — what is known as a prohibition error — “without giving the appellants the possibility of being heard personally.” But the judges also emphasized that cannabis prohibition is a federal concern and cannot be circumnavigated through private clubs, even if the clubs have the support of the respective local authorities, as in the case in Bask country or Catalonia.

    Marijuana.com interviewed Héctor Brotons Albert about the consequences of the most recent CSC verdicts. Albert is the head of a Barcelona-based law firm, specializing in criminal law, public health, cannabis issues, as well as administrative, civil, and labor law.

    Interview & Full Story Here: https://www.marijuana.com/news/2018...abis-social-clubs-remains-uncertain-in-spain/
     

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