Research suggests that cannabis social clubs play a key role in future legislation reform and can be effective in achieving social justice for those affected by prohibition.
A gradual shift is taking place across the globe, as more and more jurisdictions look to address the failings of longstanding drug laws and instead move towards adopting policies rooted in public health and harm-reduction.
Earlier this year a group of United Nations (UN) representatives and Human Rights experts called for an end to the ‘global war on drugs’, urging its members to decriminalise personal use as a ‘matter of urgency’.
Further to this, on Wednesday 20 September, the UN’s High Commissioner for Human Rights, Volker Türk highlighted in a statement that over-reliance on punitive measures to control drug use, disproportionately affects the poorest and most vulnerable and is ‘fanning an increase in human rights violations’.
While a small number of countries have adopted the full legalisation of cannabis – most notably Canada and several US states – many more have introduced varying types of reform and limited enforcement. But there remains much debate over the best approach in order to ensure legislation is addressing the harms of prohibition and ensuring public health and safety.
The important role of social clubs
Cannabis social clubs, non-profit cooperatives which are established to collectively supply cannabis to members, are thought to be an effective way of ending criminalisation and reducing reliance on the illegal market, without the potential risk of a profit-driven market increasing consumption rates.
This is according to recent research which explores the benefits of the cannabis social club model and the important role it may play in reform.
Cannabis associations are not a new concept. They have been set up in countries around the world, traditionally playing a harm-reduction role, diverting consumers away from street dealers and criminal gangs and providing a safe place to consume.
Even in the UK, where cannabis prohibition remains very much at large, there are thought to be over 100 cannabis social clubs operating throughout the country. Many of these offer a safe place to consume for medicinal users and are generally tolerated by local police forces.
Earlier this year, Michael Fisher, founder of Teesside Cannabis Club in the north east, told Cannabis Health: “The fact that we’ve got 670 members now tells you that these clubs should be everywhere. These are not criminals, these are people who work for a living, who don’t want that stigma attached to them and for whom a charge could ruin their lives…They rely on our services and feel safe.”
A recognised model of reform
In recent years, social clubs have gone from being grassroots organisations to a recognised model of official cannabis reform, the paper highlights. Both Uruguay and Malta have introduced social clubs as part of government-led legalisation policies.
Malta partially decriminalised cannabis in 2021 with supply limited to cooperatives and self-cultivation. Meanwhile in Uruguay cannabis can be purchased from clubs as well as from licensed pharmacies, and home growing is also permitted.
A webinar hosted by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on 13 September, explored the different approaches to cannabis regulation in Europe.
Leonid McKay, executive chairperson of Malta’s Authority for the Responsible Use of Cannabis (ARUC), spoke about the country’s ‘unique’ model.
“This reform started off years ago with a very vibrant grassroots movement, which was led by cannabis users themselves, so the starting point was very much community-based,” he explained.
“The main objectives of our reform are related to public health… It is very important to remove the criminal status of cannabis use and address the unintended consequences of the criminalisation of use.”
Legalisation is often rolled out in the form of profit-driven markets, such as in the US and Canada, which have had ‘mixed effects’ in terms of public health and made ‘limited progress’ in achieving social justice aims.
The researchers argue that the lack of profit as a ‘driver of market expansion’ and the social objectives often at the heart of social clubs, allows them to focus on the welfare and advocacy of members instead.
However, others have highlighted concerns around the lack of opportunities for taxation due to the non-profit nature of associations, as well as their grassroots origins and tendency to be self-regulated.
McKay continued: “We do not subscribe to the idea that it is either the illegal market or the business market… Our reform is not about the maximisation of profits, our reform is not about a new economic niche. In Malta, we strongly believe that a full-blown commercialised market goes against the very principles of harm reduction.”
He added: “We are not about promoting cannabis use, we remain steadfast in discouraging or delaying use, but we strongly believe existing cannabis users should not rely on the illegal market.”
Social clubs as part of a phased approach to policy reform
More recently, we have seen countries cautiously moving towards reform through combining elements of the social club model, with the monitored roll-out of a regulated supply. In Europe, both Luxembourg and Germany have put forward draft proposals based on phased approaches to reform.
In June, Luxembourg officials approved the legalisation of personal possession and home cultivation of up to four plants, while the next stage is expected to see the development of a state-controlled cannabis supply chain, with points of sale planned for the long term.
The German Cabinet also recently approved draft proposals for its two-pillar legalisation plan. Pillar one of the new Cannabis Act (CanG) sets out the legislation for permitting private, non-commercial cultivation for adult personal use and through community associations or co-operatives.
A number of restrictions are expected to be placed on associations in order to ensure ‘consumer health protection’. As well as limiting the number of members, the amount of cannabis passed on and where associations can be located, these include a requirement to provide ‘evidence-based information about cannabis’, including dosage, risks and information on advice and treatment centres.
Speaking at the EMCDDA webinar, Esther Neumeier, head of drug monitoring and policy in Germany, revealed that there has been a ‘lot of interest’ in applying for a grower association permits, despite the draft not having passed into law yet.
“We already have people lining up [to open] cannabis social clubs – even though it’s difficult to do right now because there’s no law, people are already preparing,” she said.
“There is a lot of interest in this, so even though it takes some time, we’ll certainly see lots of development there.”
However, Neumeier also expressed concern that associations alone would not be enough to completely eradicate reliance on the illegal market.
“I would not expect a model with home growing and with Cannabis Social Clubs to completely erase the illegal market. We will probably see it being pushed back a little bit… but it will not eradicate the black market,” she added.
“I don’t think that’s realistic from everything we’ve seen from other countries.”
A ‘vehicle’ for social justice
According to the paper, only one to two thirds of the cannabis consumed in jurisdictions that have legalised adult-use has been sourced legally, with the authors arguing that a ‘better take on social equity in cannabis supply might be useful in tackling the unregulated market’.
It is widely agreed that social equity and righting the harms caused by prohibition, which have disproportionately affected those of Black and ethnic minority heritage, should be a fundamental consideration of cannabis policy reform.
Cannabis social clubs may be a ‘powerful vehicle’ for achieving social justice where other models have seemingly failed, the paper argues.
While some initiatives launched in states with legal adult-use access have made efforts to ‘redistribute’ the wealth and support nonprofits advocating for these communities, a 2019 study from the US found that funding of equity programmes – and efforts to increase diversity in the industry – have been ‘very limited’.
Social clubs may be better placed to engage with vulnerable and marginalised communities of cannabis consumers, who would be hesitant to access it through a commercial market, and provide them with ‘direct access to resources’ potentially leading to ‘health benefits’ and ‘social opportunities’.
“Recent reflections on cannabis legalisation in the United States and Canada highlighted that the disadvantages and inequalities from past prohibition have been perpetuated,” the authors state.
“Reparations to communities that had been most heavily impacted by the war on drugs, and cannabis in particular, are urgently needed.”
They conclude: “The CSC [Cannabis Social Club] model can play an important role in future cannabis legalization reform due to its unique strengths as cannabis-consumption sites and can be an effective vehicle for advancing social justice aims advancing social justice by giving people affected by cannabis prohibition agency and direct access to resources.”
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Author: Sarah Sinclair
