A CITIZEN'S INITIATIVE FOR A LEGAL CANNABIS MARKET

"Cannabis Social Clubs" are civic associations that organize the cultivation of a limited amount of cannabis for their personal needs. In accordance with their country's legislation, they establish a closed cycle of production, distribution and consumption.

Legally operating "Cannabis Social Clubs" are already operating in Spain and Belgium. The establishment of a club would be possible in any country where the use of cannabis is not punishable. In December 2011 was a code of conduct for European “Cannabis Social Clubs” worked out.

International drug conventions do not contain a binding obligation that requires countries to ban the use and cultivation of cannabis for personal use. As a result, the signatory countries can exempt consumption and introduce regulation of cultivation for personal use without having to fear international sanctions. These measures form the basis of rational legislation, but they are not sufficient. Cultivation for personal use cannot meet the huge demand. Nor do they automatically include guarantees of protection against all health hazards or disclosure to the black market. In order to minimize these risks, a more sophisticated system of production and distribution is required.

The most rational solution is the collectivization of cultivation for personal use. Adult consumers who do not want to grow themselves can form non-profit associations, the “Cannabis Social Clubs”; with the purpose of providing legal, safe and transparent access to cannabis for its members. They achieve this by using a model for a regulated market in which supply is always based on demand. This means that production is limited to a fixed amount that covers the members' own needs.

Please read on if you want to create this opportunity in your country.

THE PROCEDURE IN FOUR STEPS

If you are planning to set up a “cannabis social club”, you must take into account that any connection to the illegal market should be avoided. A CSC should not only appear legal, it should be legal and be able to prove it in a court of law. Therefore, strict discipline in administration and organization is necessary. Every club needs members to actively participate in the organization, in different forms and with different responsibilities. The rules should be clear and simple and democratically monitored. It's a good idea to contact a lawyer who can offer advice on the steps to take and, in the long run, prepare the legal defense if necessary.

Before taking the first step, please check the legal basis for cannabis use in your country. If use is not considered a criminal offense and possession of small amounts for personal use does not result in criminal prosecution (see overview of legal limits in EU countries ) it should be possible to organize successful legal defense for a cannabis social club . Based on people's right to consume, they should be allowed to grow for their own consumption.

FIRST STEP. PUBLIC PRESENTATION OF THE INITIATIVE

The first step is the public presentation of the initiative to organize a "Cannabis Social Club" by means of a press conference or public action. It is best to have a well-known person involved (try working with a politician or artist) to gain press coverage and, if openly possessing seeds, plants or (small amounts) of cannabis at the time of the presentation, to reduce the risk of prosecution to minimize.

The presentation should make it very clear that the sole purpose of the club is to provide subsistence cultivation for adult members and access to a legal, safe and transparent alternative to the illegal market.

If there is no legal response indicating future prosecution of the initiative, it is time for Step 2.

STEP TWO. CREATION OF THE CLUB

The second step is the official establishment of a "Cannabis Social Club", as an association of cannabis consumers and producers who together grow the amount of cannabis to cover their own needs through a closed cycle. Establish an Executive Committee, with at least a President, Secretary and Treasurer, and establish a transparent, democratic decision-making process so that all members are aware of the main steps in the organisation, the making of financial agreements, etc.

In the articles of incorporation, you should state the purpose of the association: avoiding the health risks of cannabis use inherent in the illicit market (such as: stretching). You can also refer to the purpose of researching the cannabis plant and the most healthy and environmentally friendly ways of growing it, as well as promoting a social debate about the legal status of cannabis and its users. If you wish, you can obtain model statutes from ENCOD from existing clubs in Spain and Belgium.

The statutes should be registered with and recognized by the competent authorities (local judicial authorities).

Begin enrolling members (ensure they are already cannabis users or have a recognized medical condition where cannabis use is not harmful and may even be beneficial).

Start growing! Determine the amount needed for members' own needs and organize the communal production of this amount in a collective planting. Make sure the cultivation is organic, there is a good range of plants available so members can always choose between different strains to find which one is right for them.

Make sure that the people who are involved in planting or transporting plants and/or cannabis carry papers with them at all times, explain how the association works and refer to the legal bases. From these papers it should be evident that cannabis is grown in the community planting for the benefit of members who can be identified by their official identification papers (ie: copies of ID cards). These documents can be crucial in avoiding criminal prosecution of the association's supporting members should the authorities decide to intervene.

Depending on the legal situation in your country, the distribution, consumption and harvest can take place in the club.

STEP THREE. PROFESSIONALIZE THE CLUB

Over time, the number of members will increase and require more professional organization of production, transport, monetary transactions, etc. In order for the association to retain control over the plants, several small-scale plantings are recommended.

Each club may have its own rules regarding the use of club space, payment of membership fees, attachment, community spirit, etc. according to the bylaws. In these rules you can include principles of conduct for the members; such as the sale of cannabis produced by the club to non-members, particularly minors.

To avoid problems and misunderstandings, it may be in everyone's best interest to let the authorities know that you are growing cannabis collectively. Some clubs have done so through a notice to the local authority, nearest police station or local government, others have simply issued a press release.

The fact that you are a non-profit association does not mean that commercial transactions cannot take place. Producing good quality cannabis in a safe and healthy way takes hard work, and it should be rewarded. In order to work together as a civic association, expenses must be incurred and those who lead the association should be rewarded.

The price should be set in a transparent and democratic process. It may include the following costs: room rental, water, electricity, materials, wages, office costs, petrol and general club expenses. This sum is then divided by the amount of cannabis produced by the club to give the price per gram. In Spain and Belgium it was possible to reach a price between 3 and 4 euros per gram. Most clubs work with annual budgets, so the price can be adjusted every year. Otherwise, this can be done with each harvest (every 3-4 months).

If profits are made, they are used for the benefit of the association. If more profits are made than necessary for the goals of the association, the first thing you can do is reduce the annual membership fee.

Financial transactions should always be documented (expenditures through invoices, incoming payments through receipts). This is important in order to be able to prove in a court case that the club was not involved in illegal activities. It also helps ensure the club's financial transparency.

It is a good idea to set up an external control mechanism for the organization; by a non-member who is able to assess whether the methods used meet the expected standards.

STEP FOUR. LOBBY FOR CANNABIS SOCIAL CLUBS LEGAL REGULATION IN YOUR COUNTRY.

What remains, once a “cannabis social club” is working properly, is to convince the politicians and authorities to put in place a regulatory legal framework for clubs, in terms of permits, taxes and external controls.

In most cases, politicians, legal experts, judges, or police officers just don't know how to start regulating a legal cannabis market. This can even be helpful in the process: Without a history, the models proposed by the consumers themselves can be more easily accepted.