Legal cannabis
in Mallorca.
A private cannabis association operates within the Spanish legal framework. We explain how it works, what requirements it must meet, and why Sticky Weed Club Arenal meets them all.
Private association
Access is restricted to registered members. There is no public access, no cannabis advertising on the street, and no shop front. It is a private club operating under Article 22 of the Constitution.
Not-for-profit
We are not a business, nor do we sell cannabis. Members collectively fund the shared cultivation. The association does not generate or distribute any financial profit.
Always consume indoors
Cannabis is consumed exclusively on the premises. It is never taken out onto the street. This rules out the offence of causing a public disturbance, as defined in Article 368 of the Criminal Code.
The legal framework
Private cannabis associations in Spain are not governed by their own specific legislation, but their legal status is underpinned by two pillars: the the constitutional right of association (Article 22 of the Spanish Constitution) and the case law of the Supreme Court, which has developed the doctrine of «atypical shared consumption».
The Supreme Court (see, inter alia, Supreme Court Ruling 484/2015) has ruled that the supply of cannabis between members of an association is not a criminal offence under Article 368 of the Criminal Code, provided that strict conditions are met. It is not a legal loophole: it is an exception recognised by the courts.
What conditions must the club meet?
The Supreme Court has set out the conditions under which shared consumption is deemed atypical, i.e. not subject to criminal prosecution:
- Number members-only, without public funding
- The partner must be previous customer cannabis (consumption must not be encouraged)
- Aged 18 and over who can provide proof of identity
- No advertising on cannabis aimed at the general public
- Consumption exclusively within on the premises, never on the public highway
- The association does not generate a profit financial: it is a non-profit organisation
- The amounts are limited within the member's reasonable consumption
Situation in the Balearic Islands
Unlike Catalonia or the Basque Country, the Balearic Islands do not have specific regional regulations governing cannabis clubs. The general national framework applies: Organic Law 1/1992 on Public Safety and the Criminal Code, interpreted in accordance with the case law of the Supreme Court.
Palma City Council has not imposed a specific ban on this type of association, which maintains the status quo regarding their operation under national case law.
That we are not
Sticky Weed Club Arenal it's not a coffee shop. Coffee shops are legal commercial establishments in the Netherlands; they do not exist in Spain. We are a private, non-profit association: we do not sell cannabis; members take part in a collective cultivation scheme and consume it on the premises. The legal distinction is stark.
Please note: this text is for general information purposes only and does not constitute legal advice. Legislation and case law are subject to change. For specific legal advice, please contact a specialist solicitor.
Legal references
The sources that form the legal framework for private cannabis associations in Spain.
Questions regarding legality
Yes, just like any other premises. If there is a court order or a case of a crime being committed in the act, the police can enter. That is why we scrupulously comply with all the conditions required by case law: registered members, no sales, consumption on the premises only, and members must be of legal age. A club that complies with the rules has nothing to fear from an inspection.
According to the Supreme Court’s ruling, simply being a member and consuming cannabis within the club does not constitute a criminal offence. It is a different matter if you take cannabis out of the premises or act in a way that could be interpreted as drug dealing. That is why we stress: do not leave the club with cannabis.
The national legal framework (the Criminal Code and Supreme Court case law) is the same throughout the country. Some regions, such as Catalonia and the Basque Country, have developed their own, more detailed regional regulations. The Balearic Islands do not have specific regional regulations, so the general national framework applies.
We are registered with the Balearic Islands Register of Associations and operate in accordance with our articles of association and current case law. Palma City Council has not imposed any specific ban on this type of association. We operate with complete transparency and have all our administrative obligations up to date.
No, never. Not only because our rules prohibit it, but because doing so would make the activity drug trafficking, which is a criminal offence. Atypical shared consumption must take place on the premises. No exceptions.
In every respect. Drug trafficking involves selling for profit, distributing to strangers, without age checks, on public streets or clandestinely. A private cannabis club is the opposite: non-profit, amongst registered adult members, on private premises, with a constitution and official registration. The Supreme Court’s case law explicitly recognises this difference.
Do you have any specific questions?
Get in touch. We’ll give you an honest answer about how the club works, what membership entails, and any questions you may have before you take the plunge.