Cannabis Social Clubs in Barcelona

JODXXX10.1177/0022042619852780Journal of Drug IssuesParés-Franquero et al. 852780research-article2019 Article Journal of Drug Issues 2019, Vol. 49(4) 607 –624 Use and Habits of the © The Author(s) 2019 Article reuse guidelines: Protagonists of the Story: sagepub.com/journals-permissions https://doi.org/10.1177/0022042619852780DOI: 10.1177/0022042619852780 Cannabis Social Clubs in journals.sagepub.com/home/jod Barcelona Òscar Parés-Franquero1, Xavier Jubert-Cortiella1, Sergi Olivares-Gálvez1, Albert Díaz-Castellano1, Daniel F. Jiménez-Garrido1, and José Carlos Bouso1 Abstract In Spain, cannabis users are turning to Cannabis Social Clubs (CSCs) as an alternative for obtaining supplies of the substance, free from the risks of the illegal market. The current study aims to establish the profile of a sample (N = 155) of Spanish CSC members and identify the impacts that these clubs have had on their consumption. To conduct the study, we developed a questionnaire structured around various issues related to the socioeconomic profile of users, their patterns of use, and the practical consequences of being a member of a CSC. The most important findings were that belonging to a CSC did not increase cannabis use and that the services that CSCs offer have favorable impacts on CSC members in terms of reducing health risks, providing legal protection, and improving their general well-being. Based on our data, the regulation of CSCs is warranted as a public health strategy regarding cannabis use. Keywords Cannabis Social Clubs (CSC), quantitative research, cannabis legislation, cannabis consumption, drug policy Introduction Cannabis is the most widely used illegal substance in the world. In 2014, 2.4% of the world’s population used it (United Nations Office on Drugs and Crime, 2017). In 2016, 7.2% of Europeans had used cannabis in the previous 12 months (European Monitoring Centre for Drugs and Drug Addiction, 2018), and in Spain, 9.5% of Spaniards between 15 and 64 years of age reported also having consumed it in the previous 12 months (Observatorio Español de las Drogas y las Adicciones [OEDA], 2017). Furthermore, cannabis and its derivatives account for 69% of drug seizures reported in Europe in 2015 (European Monitoring Centre for Drugs and Drug Addiction, 2018). As its use is common among the population, users in some countries, such as Spain, have come together to form a social movement to defend their right to use cannabis and to contest the current prohibitionist policy (Marín, 2008). Groups of users have also set up associations called 1International Center for Ethnobotanical Education, Research & Service, Barcelona, Spain Corresponding Author: José Carlos Bouso, International Center for Ethnobotanical Education, Research & Service, Carrer de Sepúlveda, 65, bajos 2, 08015 Barcelona, Spain. Email: [email protected] 608 Journal of Drug Issues 49(4) Cannabis Social Clubs (CSCs). CSCs are made up of cannabis users who organize themselves to ensure that their own supply is maintained without having to resort to the illegal market. Their main objective is to avoid the risks of the illegal market, such as the lack of information on the origin and composition of the cannabis, and to avoid supporting the criminal organizations that run it (Transnational Institute, 2011). This movement has grown exponentially in the past 20 years in the Spanish territory, especially in Catalonia and the Basque Country (Parés & Bouso, 2015; Transnational & Institute, 2011, 2014a, 2014b). These clubs have appeared in Spain, thanks to a legal loophole generated by two circum- stances. The first is a Supreme Court ruling that determined that collective consumption does not constitute a crime under the Spanish Criminal Code (LOCP 10/1995 of November 23). The second is the law on nonprofit organizations (LODA 1/2002 of March 22). Using these two elements as their legal backing, the CSCs argue that their activities cannot be considered a crime because they do not encourage others to consume, nor do they generate profit by causing harm to the health of others (Parés & Bouso, 2015). Furthermore, UN conventions do not criminalize growing and possessing cannabis for personal use (Belackova & Wilkins, 2018; Kilmer, Kruithof, Pardal, Caulkins, & Rubin, 2013; Transnational Institute, 2014b). According to Carmena (2012), the activities of CSCs are permitted by the jurisprudence of the Spanish legal system. Currently in Spain, no CSC legislation has been approved at the national level. In Spain, dozens of city councils (especially in Catalonia) have approved municipal bylaws to regulate the activities of the CSCs’ head offices (aspects related to hygiene, hours of operation, capacity, safety, the built environment, etc.) due to a lack of regulation. Also, the parliaments of three autonomous communities passed laws to regulate the activities of CSCs: the Basque Country, Navarra (LFRCUCN 24/2014 of December 2), and Catalonia. In the case of the latter, the law further covers aspects related to growing and transporting cannabis (LACC 13/2017 of July 6). Both Navarra and Catalonia’s legislative initiatives were declared null and void by the Constitutional Court. As for the Basque Country, the law has not been canceled because it does not regulate cannabis use, possession, cultivation, or supply; it only states that the courts could eventually develop regulations for the operations of cannabis associations. The national govern- ment has taken a belligerent stance toward the CSC phenomenon, which it manifests through the Attorney General’s Office and the National Drug Plan. In 2013, the Attorney General’s Office issued an order (Fiscalía General del Estado, Instrucción Nº. 2/2013 of August 5) instruct- ing prosecutors to accuse CSCs of being criminal organizations. This strategy sought to have cases brought before the Supreme Court so that the court would establish whether the CSCs’ activities fall within or outside of the scope of the collective consumption doctrine. In 2015, the Supreme Court quashed the acquittal of four members of the Pannagh Association by the Court of Bilbao, condemning known activist Martín Barriuso and three other members of the association to 1 year and 8 months in prison. This ruling was appealed at the Constitutional Court, which overturned it due to issues of procedure, but the original ruling nonetheless ratified that CSCs’ activities are criminal. Although the judge absolved the convicted on the grounds that they were mistaken about or unaware of the unlawfulness of their activities, this ruling opened the door for other CSCs to be brought before the Supreme Court, which has happened on another five occasions. This creates some confusion about how the state should deal with CSCs, an issue that becomes even more complex when one considers the range of situations prevailing in the country, as regions with several CSCs alternate with ones that have only a few, and each club faces different levels of legal vulnerability and social tolerance. A thoughtful explanation of the complex legal context that CSCs face in Spain can be found in Marks (2019). Other objectives pursued by CSCs include developing techniques to reduce risks and prevent the harm associated with cannabis use, such as providing access to substance information (risks of cannabis use and tetrahydrocannabinol–cannabidiol [THC-CBD] content), or promoting healthier methods for using cannabis, such as vaporizers (Hazekamp, 2015). Moreover, most CSCs are attentive to the quality of the cannabis, educate users on the effects of each variety, Parés-Franquero et al. 609 maintain an official control of consumption, and, by bringing consumers together, offer opportunities for research to be conducted on their behavior and consumption (Belackova, Tomkova, & Zabransky, 2016). Currently, in the United States, 28 states and the District of Columbia (DC) have legalized cannabis for medicinal use; of these, nine states plus DC have legalized it for recreational pur- poses (Drug Policy Alliance, 2018). In 2014, Uruguay passed a law that regulates production, distribution, and places of sale or consumption; one of the legal ways to obtain cannabis there is by belonging to a CSC (Queirolo, Boidi, & Cruz, 2016). In Europe, however, policies remain fixed on the persecution of conduct related to this substance. Although the Netherlands can be considered the most progressive country in the region on this subject, as it does not criminalize the use or possession of cannabis in public places, its model only regulates the sale and possession of small amounts in “coffee shops.” It does not regulate the growing of cannabis or its supply to these establishments, which leaves the door open for organized crime to participate in this market (Transnational Institute, 2014). We also have the case of Belgium, whose situation is somewhere between Spain’s and the one in Uruguay. In Belgium, CSCs do not offer places for people to consume cannabis (due to legal constraints), but some of them organize activities for members, and there are opportunities for social contact among the members (Decorte et al., 2017; Pardal, 2018). A recent study describing the sociodemographic characteristics, patterns of use, and supply of a sample of 190 Belgian CSC members found that securing cannabis was the pri- mary reason for joining a CSC (Pardal & Decorte, 2018). Another noteworthy result was the presence of self-declared medical users in the study sample. Up until now, at least two studies have assessed the impact of CSCs on users’ behavior and health; both were conducted in the Spanish context. One study involving a sample of 94 members divided into 14 discussion groups concluded that CSCs are a viable option for reducing the harm and risks associated with cannabis use (Belackova et al., 2016). The second study, promoted by Fundación Renovatio (2016), used a mixed-methods design to compare 458 cannabis-using members of CSC, with 135 users not belonging to a CSC regarding patterns of cannabis use and harm reduction strate- gies. This study found that club members’ concerns about the quality of the cannabis they used led them to acquire the substance through CSCs more often.

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