Spanish Supreme Court Upholds Convictions of Cannabis Club Leaders

The Spanish Supreme Court has upheld prison sentences for leaders of two cannabis clubs, Ebers in Bilbao and Three Monkeys in Barcelona, heightening concerns within the cannabis community. This decision solidifies the court's stance on the legal boundaries of cannabis social clubs, which have operated in a legal gray area in Spain for years

The court's ruling on October 5 reversed a previous acquittal by the Barcelona Provincial Court, sentencing the leaders of Three Monkeys to eight months in prison for public health violations. The decision did not include fines due to missing valuation of seized cannabis quantities. This aligns with a similar ruling against Ebers, emphasizing the court's consistent approach to these cases

Central to the court's reasoning was the concept of 'vencible error,' meaning the leaders believed their actions were legal but should have known better. The court argued that the club's statutes should have clearly stated their intention to cultivate cannabis, which might have allowed for a defense of 'invincible error' and potentially avoided criminal liability

The verdict reflects a broader judicial interpretation that cannabis cultivation for distribution, even within private clubs, constitutes a public health offense in Spain. The court's decisions suggest a need for clearer legislative guidelines regarding cannabis club operations, as current laws provide little clarity for these associations

The implications of these rulings are significant for Spain's cannabis clubs, which have long operated under ambiguous legal conditions. Many clubs might face increased scrutiny and potential legal challenges, prompting a reevaluation of their operational transparency and adherence to legal standards

Despite the court's rulings, there remains a debate within the legal community about the interpretation of cannabis club activities. Some argue that the statutes of clubs like Three Monkeys were not ambiguous, and the court's strict interpretation could stifle the cannabis club movement in Spain

Looking forward, the cannabis community in Spain is calling for legislative reform to provide clear guidelines for cannabis clubs. Without such reforms, clubs may continue to face legal uncertainties, potentially hindering the growth of Spain's cannabis industry