Jump to content

Legality of cannabis by country: Difference between revisions

From Wikipedia, the free encyclopedia
Content deleted Content added
m Reverted edits by 72.50.180.125 to last version by 217.159.167.139 (HG)
Bob diablo (talk | contribs)
Line 13: Line 13:
| '''Country''' || '''Legal Status''' || '''Notes'''
| '''Country''' || '''Legal Status''' || '''Notes'''
|-
|-
| {{ARG}} || Legal <br>(Decriminalized) || Decriminalized for personal use in small amounts and for consumption only in private locations. Public consumption is generally accepted among the young adults and overlooked by police in the suburbs. Consumption for [[Medical cannabis| medical purposes]] is accepted but not legislated (only in private locations). Cultivating, selling and transporting large amounts is illegal and punishable by present laws.<ref>
| {{ARG}} || Illegal <br>(Decriminalized) || Decriminalized for personal use in small amounts and for consumption only in private locations. Public consumption is generally accepted among the young adults and overlooked by police in the suburbs. Consumption for [[Medical cannabis| medical purposes]] is accepted but not legislated (only in private locations). Cultivating, selling and transporting large amounts is illegal and punishable by present laws.<ref>
{{cite web
{{cite web
|url=http://www.elfinanciero.com.mx/ElFinanciero/Portal/cfpages/contentmgr.cfm?docId=116949&docTipo=1&orderby=docid&sortby=ASC
|url=http://www.elfinanciero.com.mx/ElFinanciero/Portal/cfpages/contentmgr.cfm?docId=116949&docTipo=1&orderby=docid&sortby=ASC

Revision as of 12:30, 10 October 2008


This is a list of the legality of cannabis by country.

List

Country Legal Status Notes
 Argentina Illegal
(Decriminalized)
Decriminalized for personal use in small amounts and for consumption only in private locations. Public consumption is generally accepted among the young adults and overlooked by police in the suburbs. Consumption for medical purposes is accepted but not legislated (only in private locations). Cultivating, selling and transporting large amounts is illegal and punishable by present laws.[1]
 Antigua and Barbuda Illegal Large fines and occasionally short prison sentences are common for even small amounts. [citation needed]
 Australia Legal (Decriminalized) Certain states of Australia have decriminalized marijuana possession. In Tasmania, Victoria and Queensland one can be simply ticketed for up to 50 grams. If found in possession with intent to supply, convictions apply.[2]
 Bahrain Illegal Usually tolerated in small, casual amounts depending on the situation and people involved, since Bahrain is a small place, if you are a friend of somebody in the police station ( Known as 'waasta' or 'Connections' in English ) you will probably get away with it. If you however do not have connections with people high up, penalties can be severe.[citation needed] However it is officially an illegal substance.[citation needed]
 Bangladesh Illegal Cannabis cultivation was prohibited in 1987 and the storage, sale, distribution and consumption of cannabis was prohibited in 1989.[citation needed]
 Belgium Legal
(Decriminalized)
Tolerated among adults in quantities up to approx. 3 grams and/or 1 female plant. Consumption at home is legal.[3]
 Belize Illegal Is illegal, but use by locals is slightly tolerated. Publicly sold and smoked, but highly illegal under Belizean law which is similar to the law in the Britain. Prison sentences regularly given for possession of more than a token amount or selling.[citation needed]
 Bosnia and Herzegovina Illegal Also small quantities and use is illegal, but usually tolerated and overlooked.[citation needed]
 Bolivia Illegal Simple possession is illegal. There is currently no move to decriminalize marijuana.[4]
 Brazil Illegal As of March 1995, the attorney general proposes to end jail-time and fines for possession of cannabis, substituting mandatory rehabilitation for users.[5]
 Canada Technically Illegal

Cannabis is a schedule II drug in Canada for amounts larger than 3kg. Amounts smaller than 3kg are classified as Schedule VII, and smaller than 30g as Schedule VIII. It is generally tolerated in small amounts for most of Canada (3 grams). It is legal for medicinal use with a federal permit.[citation needed]

In January 2003, an Ontario court ruled simple possession laws banning cannabis unconstitutional, although it is unclear what the long term implications of this might be.[6]

In 2007, a Toronto judge ruled that Canada's pot possession laws are unconstitutional after a man argued the country's medicinal marijuana regulations are flawed.[7]

 Chile Legal (Decriminalized) Law No. 20.000 dictates many drugs illegal including any plant from the Cannabis family. Personal use of marijuana in small quantities on a private place is not against the law. More than one person using it at the same place is considered as a group and thus is considered illegal.

Possessing a plant with a permit from the Ministerio de Agricultura (Agriculture Ministry) is legal. Having a plant is not fully illegal without a permit if proved that its intended only for exclusive personal use.[8]

Trafficking is illegal and enforced. No attempts to decriminalize or legalize it have been made.

 China
 Taiwan
(PRC & ROC)
Illegal Cannabis is a schedule II substance. Simple possession can result in years of imprisonment, with the duration and amount of fines depending upon location.[9] If one is found with cannabis or hashish a second time he or she may be executed.[citation needed]
 Colombia Legal
(Decriminalized)
Decriminalized for small quantities (up to 20 grams for own use) since 1994, but sale is illegal.[10] Generally not tolerated.[citation needed]
 Costa Rica Illegal Tolerated.[citation needed]
 Cote d'Ivoire
 Croatia Illegal Illegal to posses, buy or sell any amount of cannabis. Criminal proceeding, and if person found guilty can be jailed up to three years. Person will paralelly be charged for infraction with fines up to € 700. In practice person won't be charged for criminal activity if amount is less than 1 g, but infraciton charge will occur, regardless of amount, together with mandatory rehabilitation, and probation.[11]
 Cyprus Illegal Not tolerated. Sold in comparatively lower proportion.[citation needed]
 Czech Republic Legal (Decriminalized) As of November 2007, Sale of marijuana is criminalized. Possession of small amount is legal for personal use.[citation needed][12] In March 2008 the Czech Supreme Court ruled that growing of cannabis is not always the same as production of marijuana.[13]
 Denmark Illegal Not tolerated. Area known as Christiania in Copenhagen consumption is evident but not legal.[citation needed]
 Dominican Republic Illegal Not tolerated.[citation needed]
 Egypt Illegal Often not enforced.[citation needed]
 Ecuador Illegal Possession illegal. No move to decriminalize.[14]
 Estonia Illegal dealing leads to a prison as growing it , but smokeing is forbitted and you need to pay fee 600 EEK (60$ USD) if you confess or otherwise +expertise . [citation needed]
 Finland Illegal Generally not tolerated. Possession or growing of small amounts for personal use (less than 50 grams or 6 flowering plants) is punishable by a small fine (generally in the range of 120-500 Euros). Commercial transactions involving cannabis are prosecuted to the fullest extent, however distribution and use within a "closed circle of other drug users" is generally considered part of personal usage.[citation needed]
 France Illegal Possession, use, and selling is strictly illegal. However, it is tolerated for personal use. Police will generally overlook public use unless the person is attempting to draw attention to themselves.[citation needed]
 Georgia Illegal If tested positive, a monetary fine is administered, plus driver's license taken away for 3 years, and service in public sector prohibited for 3 years. Possession of any quantity, sale or cultivation is punished with prison sentence.[citation needed]
 Germany Legal
(Decriminalized)
Possession of small amounts for personal use at home is not prosecuted, but the drug is confiscated. The definition of "small amount" is different in each federal state; the tolerated amount ranges from 3 grams in Brandenburg to 30 grams in Schleswig-Holstein. The sale is illegal. Possession of larger amounts is usually only punished with a fine, unless the intention to sell is evident. Cultivation of cannabis is also illegal, but usually not prosecuted if the plants are not in flower and the amount of plants is rather small (the plants will be confiscated though). Only flowering female plants are treated like the possession of cannabis products; the exact amount of THC in the buds will be lab analyzed and determines the assumed amount of processed marijuana.[15] Possession of small amounts of marijuana/hashish was ruled legal by the German Federal Constitutional Court in 1994.[10]
 Ghana Illegal [citation needed]
 Greece Illegal Cultivation, possession, sale, transportation and consumption are illegal. Greece prosecutes marijuana use very harshly and has strict laws, even for possession of small amounts of cannabis.[16]
 Guatemala Illegal Highly illegal. Possession by Guatemalans in not normally prosecuted for personal use, but tourists are commonly arrested and jailed for several days before being released. Areas of Guatemala have no law enforcement, and cannabis is readily available. [citation needed]
 Honduras Illegal [citation needed]
 Hungary Illegal There is no distinction in Hungarian law between illicit drugs according to dangers. Heroin use has the same consequences as cannabis use. Small amount of drugs (1 gram) is punishable by up to two years of prison, but there is a possibility for choosing "diversion into 6 months therapy." No medical use is permitted. Possession of larger amounts can lead to a 5-10 year prison sentence.[citation needed]
 Iceland Illegal Consumption is illegal even in small amounts. Possession, sale, transportation and cultivation could result in jail time. Possession is not strictly enforced. Heavy fines are given. Cannabis basically decriminalized.[citation needed]
 Indonesia Illegal Personal use in small amounts: Maximum sentence of four (4) years in prison (additional fines may apply) if caught by the police in possession, intoxication or by positive urine test. However, if the user voluntarily reports himself/herself to the police, or is reported by his/her family, the sentence shall be no more than 6 months in prison or a fine of not more than Rp 2.000.000 (two million Indonesian Rupiah/USD$200-250). [17] Exceptions are made to certain ethnic groups.[citation needed]
 India Illegal Not enforced during observance of certain Hindu rituals. Government-owned shops in holy cities like Varanasi sell cannabis in the form of bhang.[18]
 Ireland Illegal Tolerated in small amounts for personal use. Cannabis cultivation or holding large amounts for resale is taken very seriously by the Gardaí.
 Iran Illegal
 Israel Illegal Often unenforced. Very small scale of legal usage of medicinal cannabis. [19]
 Italy Illegal Up to 0.5 grams is considered personal use. Sale is illegal and heavily sanctioned.[citation needed]
 Jamaica Illegal Cultivation, retail and consumption is illegal. However this is often overlooked and cannabis is sold openly.[20]
 Japan Illegal Possession is punishable by up to five years in prison with forced labor[21]
 Kenya Illegal [citation needed]
 South Korea Illegal Not tolerated. Hair tests can be taken upon suspicion. Jail time minimum 6 months. [citation needed]
 Kuwait Illegal Possession punishable by prison sentence, however minor cases usually overlooked. Sale and cultivation punishable by life in prison or death.[citation needed]
 Latvia Illegal Punishable by fines (for small amounts) and/or a prison sentence. Latvia is one of a small group of countries (a list that includes Norway and Sweden) where use, not just possession or trafficking, is a criminal offence and a positive drug test is evidence of use, regardless if one is caught "in the act". Theoretically, if one has travelled from Holland to Latvia and tests positive for cannabis, even though the cannabis consumption happened in a country where such a thing is legal, the person could face prosecution (although such a case has not yet happened). A first-time offence is punishable by a fine and a second positive test within a year could result in jail time.[citation needed]
 Liberia
 Lithuania Illegal Punishable by fines and or prison sentence.[citation needed]
 Luxembourg Illegal Possession, transportation and consumption are illegal. Prosecution depends on the amount of cannabis one possesses. Since 2001, prison penalty has been substituted by a monetary fine ranging from 250 to 2500 Euros.[22]
Template:Country data Former Yugoslav Republic of Macedonia Legal (Decriminalized) Possessors of small quantities are not prosecuted.[citation needed]
 Malaysia Illegal If an individual is caught with more than 200 grams of cannabis on them, the penalty is the mandatory death sentence by hanging.[citation needed]
 Malta Illegal The law is not very clear. Small quantities may or may not be tolerated.[citation needed]
 Mauritius Illegal [citation needed]
 Mexico Illegal
 Moldova Illegal the country currently has a zero tolerance policy for illicit drugs, including cannabis [citation needed]
   Nepal Illegal The law is rarely followed, as it is very available. It is tolerated publicly.[citation needed]
 Netherlands Legal/Illegal

The Dutch politics reasoned that soft drugs do not have physically addictive qualities, and are not more harmful than, say, alcohol. Therefore, the Netherlands allows limited forms of possession and trade in soft-drugs (legalized in 1976).[10]

One is allowed to purchase and possess up to five grams of cannabis or hashish. Possessing more is interpreted as intent to trade the larger quantities, which is illegal. Only specially permitted “coffee shops” are allowed to sell soft drugs, and never more than five grams per person, per day. One needs to be 18 or over to access a coffee shop.

Smoking in public is technically allowed, however in many places prohibited by local regulation, limiting consumption to coffee shops, one's home, or a remote corner of a park.

Coffee shops are allowed to sell cannabis and hashish (and pay taxes on it), but can not legally buy stock. Also referred to as the ‘backdoor problem.’ Coffee shops have very strict rules to live by and are regularly checked by local authorities. Two strikes is out.[23]

Other types of sales are illegal; maximum punishment for large scale trade is 4 years in prison.

 New Zealand Illegal Cannabis is scheduled as a Class C substance. Cultivation, possession or sale of cannabis is illegal.[24]
 Norway Illegal Up to 15 grams is considered an amount for personal use, and is punished with a fine of 1500-5000 kroner in the case of first-time offenders; possessing more is considered dealing and punished more harshly. Repeat offenders or dealers face prison charges.[25]
 Pakistan Legal/Illegal Use of hash is generally accepted in Pakistan. Traditionally smoked in Hujra (Guest houses) and used in cultural circles for social reasons for some 1500 years. Various forms available such as Garda, the purer, safer and historic form used in the country, and in recent years the Chars form which is adultered and sold in the big cities for profit and exported to South Asia(india, bangladesh etc...)Canabis Indica grows widely throughout Pakistan, Afghanistan and the rest of Central Asia due to the favourable climate. It grows wildly and isn't usually controlled. Most people just remove this weed from their farming zones to make space for other crops. [26]
 Paraguay Illegal [27]
 Peru Legal
(Decriminalized)
Possession of up to 8 grams (0.28 oz) of marijuana is legal as long as one isn't in possession of another drug.[28]
 Philippines Illegal Punishable by prison sentence.[citation needed]
 Poland Illegal Possession leads to criminal prosecution even for very small quantities (<0.001). The Polish government in June 2005 began offering rehabilitation services in place of jail time.[29]
 Portugal Illegal Decriminalized only for personal use in small amounts (10 doses). Division in pieces is considered smuggling.[citation needed]
 Puerto Rico Illegal Considered as a misdemeanor, but is fairly tolerated.[citation needed]
 Romania Illegal Illegal but not very hard to find at certain events or in special, sometimes secret, places. Unenforced. Possession of small quantities is punishable by a small fine of about $150-200 USD. Possession of large amounts may result in 3-6 years of jail time, and sale may result in more than 6 years jail time.[30]
 Russia Legal
(Decriminalized)
As of 2003, possession of up to 20 g of marijuana, as well as small quantities of many other drugs, is legal. If necessary, rehabilitation services are available for most of the country's residents.[31]
 Saudi Arabia Illegal Punishable by death.[citation needed]
Sealand Illegal Subject to the same drug laws as neighbouring European countries [citation needed]
 Serbia Illegal small amounts are often tolerated [citation needed]
 Slovenia Illegal Easy to get on streets; small amounts are often tolerated, but most often, first offenders get an official warning, and repeat offenses with large amounts can land one up to 1-3 years of jail (if the case is an organised crime 3-15); decriminalization is currently under debate.[citation needed]
 Somalia Illegal Punishable by death, beheading, flogging and various types of torture.[citation needed]
 South Africa Illegal Possession of small quantities usually overlooked or given a warning.[citation needed]
 Spain Illegal Possession and consumption at private places is not prosecuted. Sale is illegal and will be punished, but few resources are put into combating it.[citation needed]
 Sierra Leone
 Singapore Illegal Cannabis is a Class A drug under the Misuse of Drugs Act, making it illegal to cultivate, sell, or possess.[32]
 Sweden Illegal No official distinction is made towards other drugs: Possession of all quantities and use is illegal.[33] The maximum penalty of six months imprisonment for minor offenses (such as personal use) makes the police eligible to arrest and take drug test upon suspicion. Fines are the most common sanction. The maximum sentence for aggravated drug offenses (and smuggling, witch is regulated in a separate law) are ten years imprisonment. The criminal code admits aggregated verdicts with even longer sentences. One example is the verdict against a pair of smugglers who received sentences of twelve and fourteen years imprisonment for the smuggling of 404 kilograms of hashish.[34]
  Switzerland Illegal Although tolerated in small amounts for personal use at home.[citation needed]
 Tanzania Illegal [citation needed]
 Thailand Illegal Sellers are punishable by death, possession is not.[citation needed]
 Transnistria Legal date=July 2008}
 Turkey Illegal Cultivation, sale, transportation punished by 2 to 5 years in prison, if not an organised crime. Consumption is illegal but may be tolerable at first time. Consumption or buying is punished with 1 to 2 years in jail and once in 3 months drug testing (as evidence of not using anymore).[citation needed]
 United Arab Emirates Illegal Even the smallest amounts of the drug can lead to a mandatory four year prison sentence[35].
 United Kingdom Illegal

Cannabis is an illegal, Class C drug in the UK. However the status may be changed to a Class B as of February 2009 if the motion is passed.

  • Possession: First time offenders - minors are likely to be arrested for even small amounts of cannabis, but are usually discharged following a reprimand. They may receive a final warning or a charge, depending on the seriousness of the offence. A subsequent offence following a warning will usually result in a charge, after which the offender will be referred to the Youth Offending Team for a rehabilitation programme. It is unlikely that first time adult offenders will be arrested for possession, but smoking in public, repeat offenses and possession in the proximity of premises used by children (e.g. schools) are likely to be charged. Can affect passport status. The maximum penalty for possession is two years in prison plus an unlimited fine.[36]
  • Supply: Dealing is considered a very serious offense in the UK. In the eyes of the law, this includes giving drugs to friends. People who grow cannabis in their homes or carry large amounts on them also risk being charged with intent to supply. The maximum penalty for supply is 14 years in prison plus an unlimited fine.[37]

However, law enforcement agencies devote little resources into tackling marijuana use, and small-scale consumption is generally tolerated.

 USA Illegal

Laws vary by state, although federal law classifies cannabis as a Schedule I substance, the same classification as heroin and LSD. Many people advocate a reclassifying of the drug to Schedule II or III to allow medicinal use [citation needed]. For instance, marijuana is legal for medicinal use under the state-level laws of certain states. However, due to the nature of the United States' federalist system, federal laws nonetheless remain in effect in these states. As a result, federal prosecutors can and sometimes do prosecute violators under federal law. This is true regardless of whether state law purports to decriminalize use or possession. However, in states where its use is decriminalized, prosecution under federal law for simple possession of personal use amounts is virtually unknown. Although medical marijuana dispensaries are routinely targeted for raids by the DEA. Tolerance, laws and enforcement vary widely among states and regions - For example, cannabis is believed to be the single largest cash crop in California, and the economies of large areas of northern California (where it is, at worst, tolerated) are dominated by cannabis cultivation.[38][citation needed]

 Uruguay Illegal Personal amounts are overlooked.[39]
 Venezuela Legal
(Decriminalized)
Possession of up to 20 grams only results in a mandatory drug treatment program.[40]
 Vietnam Illegal Illegal but usually tolerated. Laws are harsh if caught.[citation needed]

References

  1. ^ "El Financiero en línea". www.elfinanciero.com.mx. Retrieved 2008-06-20.
  2. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#australia Erowid Cannabis legal status vault - Australia
  3. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#belgium Erowid Cannabis legal status vault - Belgium
  4. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws, March 1995
  5. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws, March 1995
  6. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#canada Erowid Cannabis legal status vault - Canada
  7. ^ http://www.medicalmarihuana.ca/canadalaws.html Medical Marihuana.ca
  8. ^ http://www.conacedrogas.cl/inicio/pdf/NUEVA_LEY/ley_20.000_de_drogas.txt Law No. 20.000 Active since 2005.
  9. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#taiwan Erowid Cannabis legal status vault - Taiwan
  10. ^ a b c "Use of Drugs Is Legalized By Colombia", Joseph B. Treaster, New York Times, 7 May 1994, webpage: NYTimes-Legalized-Colombia.
  11. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#croatia Erowid Cannabis legal status vault - Croatia
  12. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#czechrepublic Erowid Cannabis legal status vault - Czech Republic
  13. ^ http://www.radio.cz/en/article/101549,Supreme Court rules in favour of cannabis grower,Ruth Fraňková,April 3, 2008
  14. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws, March 1995
  15. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#germany Erowid Cannabis legal status vault - Germany
  16. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#greece Erowid Cannabis legal status vault - Greece
  17. ^ http://bkd.pemkab-tanjungjabungbarat.go.id/kepegawaian/napzap.htm Drug Abuse Sanctions and Prohibition (Indonesian language)
  18. ^ Sharma, Anil (2007-11-04). "Starting the day with the cup that kicks". Udaipur: Hindustan Times. Retrieved 2008-03-24. At six in the morning, people begin slowly trooping into government-run bhang shops in the district for the drink, made from the leaves of cannabis that grows wild in many parts of northern India.
  19. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#israel Erowid Cannabis legal status vault - Israel
  20. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#jamaica Erowid Cannabis legal status vault - Jamaica
  21. ^ http://www.odt.co.nz/news/world/18541/russian-sumo-star-arrested-japan-marijuana
  22. ^ Excerpt of the "Mémorial A" of the Luxembourgish legislation http://www.legilux.public.lu/leg/a/archives/2001/0611705/0611705.pdf#page=2 Art. 7 and Art. 8 refer to the usage of narcotics
  23. ^ http://www.freeamsterdam.nl#Source: Free Amsterdam Cannabis City
  24. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#newzealand Erowid Cannabis legal status vault - New Zealand
  25. ^ "Mildere straff for hasjbesittelse" (in Norwegian). Norway: VG Nett. 2006-07.20. {{cite news}}: Check date values in: |date= (help)
  26. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#pakistan Erowid Cannabis legal status vault - Pakistan/Peshawar
  27. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws, March 1995
  28. ^ http://www.devida.gob.pe/documentacion/Decreto%20Legislativo%20635-CODIGO%20PENAL.doc Template:Es icon
  29. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#poland Erowid Cannabis legal status vault - Poland
  30. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#romania Erowid Cannabis legal status vault - Romania
  31. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#Russia Erowid Cannabid legal status vault - Russia
  32. ^ http://www.erowid.org/plants/cannabis/cannabis_law.shtml#singapore Erowid Cannabis legal status vault - Singapore
  33. ^ UNODC: Sweden’s successful drug policy, 2007
  34. ^ Dalarnas Tidningar: 14 års fängelse ändras inte, 2008-09-18
  35. ^ BBC News - UAE Drug Laws (Feb 2008)
  36. ^ UK Home Office Website - Cannabis Classification
  37. ^ Talk To Frank (UK government drugs information site)
  38. ^ State By State Marijuana Laws
  39. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws,March 1995
  40. ^ http://www.erowid.org/plants/cannabis/cannabis_law2.shtml Erowid Cannabis South American laws,March 1995

See also