Regulating Cannabis Social Clubs: A comparative analysis of legal and self-regulatory practices in Spain, Belgium and Uruguay

Abstract

By uncovering the current practices of CSCs in three key settings, this paper contributes to the understanding of the model, which has to some extent been shaped by the self-regulatory efforts of those involved on the ground. We suggest that some of these self-regulatory practices could be accommodated in future regulation in this area, while other aspects of the functioning of the CSCs may require more formal regulation and monitoring. Decisions on this model should also take into account the local context where the clubs have emerged. Finally, the integration of medical supply within this model warrants further attention.

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“…These include heavy regulations on how much, where and to whom cannabis can be sold, while the law and regulations further ban promotion and advertising, require plain packaging and limit the strains, potency and cannabinoid profiles of products sold in pharmacies. Uruguay has also adopted the cannabis social club model, pioneered in Europe, as an additional outlet accessible to a limited number of connoisseurs who wish to obtain product of varied quality [5,6]. These regulations limit the role of private actors, an aim which Hall & Kozlowski note is absent in the discussion over the future of US cannabis policy.…”

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“…CSCs in Spain rely on the notion that the possession and distribution of cannabis would not constitute an offence under the criminal code, so long as the operation occurs solely for personal use within a closed circuit of adults [36]. This code only bans commercial sale and production, and possession and use in public places [36].…”

“…This code only bans commercial sale and production, and possession and use in public places [36]. While all possession, cultivation, and distribution/trade of cannabis is prohibited in Belgium [36], the possession of cannabis in amounts considered to be for personal use (e.g., 3 g or one cultivated plant) is tolerated if there are no aggravating factors, such as violence or public order disturbance [38]. Belgian CSCs argue that by maintaining their distribution to no more than one plant per member, they operate within the scope of personal use and are within the lowest priority for prosecution.…”

“…In Uruguay, cannabis use is legal for registered users over the age of 18 and regulated by the government [36]. The Institute for the Regulation and Control of Cannabis (IRCCA) authorises CSCs to operate.…”

“…The Institute for the Regulation and Control of Cannabis (IRCCA) authorises CSCs to operate. CSCs must also register as non-profit organisations with the Registry Office at the Ministry of Education and Culture [36]. Registration and authorisation involves meeting an extensive list of legal requirements.…”