There was an announcement that was made by the Spanish constitutional court that has been a relief to so many marijuana club members in Spain, but one thing that has remained the same is the fundamental issue of the federal prohibition. The same court went ahead to annul a ruling that was made in 2015 that resulted in the jailing of five members of the marijuana social club in Bilbao that were accused of drug trafficking. The supreme court of Spain ruled out the people that were involved in the marijuana social club the two members, secretary and the treasurer be jailed and they had to pay the fine too, despite the court acknowledged that the court did not make any profit.
A few weeks paced, the chairman of the marijuana social club in Bilbao was found while he was packing the clubs harvest with the help of two members, the court declared that they get a sentence of 1 year and 8 months and they were charged a fine of 250,000 euros. In the decision that the court made it pointed out that the club that had over 300 members was not private anymore. The recent pronouncement that was made by the member by small protest and the annuls sentences 2015, that lead to the Supreme Court to go ahead and repeat the trial, and they caused the cases to be pended like the one mentioned above. Down the road what seemed to be the victory would haunt the industry later. Because of the reason of legality the constitutional law did not make means of protecting the club and the members involved. Rather, one of the instances is that the annulment was based on the lack of accused defenselessness.
The supreme court was criticized by the constitutional judges because of how they acted, but to them, they thought that they were following the law, which in law term it’s referred as the prohibition error and this is judging someone before giving them the chance of listening to them personally.
Ways through which the Marijuana social club can be private?
It’s not clear in the spinach law what it means for personal use, or exactly what it means when someone says that it’s a private environment. Like 10 years ago, the gap that was used in the founding the first club was used by the marijuana activists, but later the local courts backed them up. In 2015 even before the constitutional court ruled that the marijuana were legal, thousands of this clubs had already been established. After a verdict that was made recently, there is hope that regulation that will be made will be accompanied by the legislature too. But the verdict will not have some of the rules that so many of the activist fear and the strict consequences.
“The clubs will continue moving forward,” said Iker Val Valverde. He added that the new club will still be founded by the CSK movement, like in the rest of Spain but not in Barcelona because they already have so many clubs, which people, for now, prefer that they would transfer them to small clubs. Like for example there around 150 CSC on the Canary island. In his personal view, he thinks that the CSC model will still be the same the only difference is that the tough condition that will be noticed in the juridic insecurity. In the end, marijuana social clubs will end up dead because of the new national regulation law. One hope that people have is that the regulation that is responsible for the move of things will be reasonable.
The Regulation Responsible is a group that is made up of the citizens, social organizations and the nongovernmental that will be responsible for advocating the making of marijuana legal in Spain. The initiative the groups have has been supported by the collectives that work in Spain that are involved in drug addiction and the social movements. It started the fundraising campaign so that they will be able to cater for the current case and the announcement that they made recently is that they will be appealing the European Court so that it will be able to enforce the European landmark decision.
About the recent CSC verdict that was made, Hector Brotons Albert was interviewed about it by Marijuana.com. Albert is the one who runs the Brotsanbert, a law firm that has offices in like four Spanish cities. And they mostly specialize in criminal law, marijuana users, criminal law and the labor law.
What do you think will be some of the consequences that they will have on the existing CSCs in Spain?
HA: the verdict that has been made by the Spanish constitutional does not close the door to people creating new CSCc in Spain. Just that the verdict was made it only involves two CSCs that were involved in the ruling. The problem comes in when the activities of the CSC want to get involved in the sharing of the consumption doctrine because of the constitutional court sentence that they do not get involved with the sharing. The argument is still in court even though it has been resolved that the doctrine that they follow was simply made like 20 years ago.
Will the general model face any danger?
There is no danger that faces the general model because so many people in Spain still think that the CSC is one of the things that can protect their health and that’s one way of normalizing the marijuana consumption. On the other hand, there are ways that the CSCs are taking into account ways that they will be able to protect some of their member’s health and ensure that the membership that they have is regulated.
Will be the new verdict lead to the closure of the clubs as direct consequences?
I think if the CSC members think that what they are doing is committing a crime then they will close, but some will think that they minimizing the risk of marijuana and they get to work in the right way, and that will help them not close. However, in the parliament, there were two commissions that were created so that they will be able to study the therapeutic marijuana and the recreational marijuana, so it’s up to them to say the right ways that the marijuana risk can be minimized.