Where In The World Is Marijuana Legal?

First Published 25, 2022

The legal landscape remains divided, but there is ever increasing optimism for restrictions to be eased and more countries embrace marijuana legalization. However, things are moving slowly. So, where is marijuana legal?

Countries in Asia and the Middle East are generally less tolerant of anything perceived to be a recreational drug; hence their hardline approach has kept marijuana on the list of banned substances for the most part.

This article presents a brief overview of key aspects of cannabis laws in prominent countries and states that have amended laws in recent years. We cannot provide all of the details in one post. Moreover, laws change over time, hence constant updating is required. If you have an interest in either medical or non-medical cannabis in any country that you may visit, you are strongly advised to check the laws that govern your prospective destination. Be reminded that no legal advice is provided here.

New Age for Marijuana in North America

United States of America – for details on the legal status of marijuana within the states of the USA please click link.

Canada

On October 17, 2018, Canada became the second country in the world to legalize marijuana for recreational use. The Cannabis Act legislation was piloted by prime minister Justin Trudeau. Specifically, adults 18 years and over can possess up to 30 grams of weed and may grow a maximum of four plants. The Cannabis Act governs the growth, production and consumption of cannabis but sales and distribution are controlled by individual states and cities through local bylaws.

Since 2001, medical cannabis has been legal in Canada but THC and CBD products are stringently regulated and can only be obtained from licensed dispensaries. Besides, the Canadian government does not promote cannabis products and has restrictive regulations on marketing advertisements. As an example, celebrity endorsement is not allowed.

One interesting note is that a government commissioned study released on February 19, 2020 concluded that there was only “modest change in cannabis-related behaviours” during the first year of Canada’s legalization policy. View the data and entire study at: What has changed since cannabis was legalized? (statcan.gc.ca).

Mexico

At the time of writing (October 2022) non-medical cannabis is technically not legal in Mexico since the country’s legislators have not yet passed any law to overturn prohibition. Even though in March of 2021, the lower house of Mexico’s congress approved a bill to legalize marijuana, the legislative session ended without the bill being passed by the senate. However, on June 28, 2021, the Supreme Court in Mexico declared the prohibition of recreational marijuana unconstitutional. This provides a path to legalization, but ultimately, the congress must mend the inconsistency by legislation. To this end, there are indications that lawmakers are working on such a bill.

In 2009, the laws were indeed amended to decriminalize (but not legalize) marijuana in quantities of 5 grams or less. Hence, while the brakes are still on for possession, cultivation and sale of recreational cannabis, medical cannabis CBD products with less than 1% THC have been legal in Mexico since 2017 and can be purchased in retail shops.

Where is Marijuana Legal in the South and Central Americas?

Uruguay

Uruguay has the distinction of being the first country to fully legalize cannabis for recreational use when president José Mujica signed the requisite legislation in December 2013. Explicitly, Uruguayan citizens and permanent residents 18 and older can purchase marijuana at pharmacies administered by the government or special clubs. Further to that, adults may grow up to six cannabis plants. The law does not currently permit sale to tourists even though this matter is under review.

Colombia

Possession of up to 20 grams of marijuana has been decriminalized in Colombia and individuals are allowed to grow up to 20 plants for personal use. However, it remains illegal to sell marijuana.

Ecuador

Persons in Ecuador may possess 10 grams (or less) of cannabis for personal use, but cultivating the plant and selling marijuana is illegal.

Peru

Recreational Cannabis is not legal in Peru but personal consumption of the herb is generally not punished. On the other hand, medical marijuana is legal and that includes the production, importation and sale of CBD oil.

Brazil, Chile and Paraguay

Possession of small amounts of weed has been decriminalized while medical cannabis is legal in Brazil, Chile and Paraguay.

Argentina

Recreational marijuana is illegal in Argentina but there is allowance for medical cannabis.

Costa Rica

Marijuana remains prohibited in Costa Rica but there is no criminal penalty for personal use. The selling of marijuana is not allowed.

Belize

In 2017, Belize moved to decriminalize possession of up to 10 grams of cannabis on private premises. It is not legal, however, to grow, transport or sell marijuana.

How is Marijuana Managed in the Caribbean Islands?

Jamaica

“What is unique about Jamaica’s law is that Rastafarians can now possess unlimited amounts of ganja for use in their religious services.”

Marijuana is known as ganja in Jamaica. It has been used as a religious sacrament by Rastafarians and has also been associated with reggae music for decades. Even with this background, cannabis had been illegal in Jamaica until the Dangerous Drugs Act was amended in April of 2015 (see: 339_The Dangerous Drug bill 2015.pdf (japarliament.gov.jm). The current law decriminalizes the possession of 2 ounces (or less) of ganja and allows adults to cultivate up to 5 plants for personal use. Moreover, cannabis is legal for medical, scientific, and therapeutic applications. Licenses can be procured for the cultivation, production and distribution of cannabis within the medical cannabis industry, which is regulated by the Cannabis Licensing Authority (CLA). Be aware though, that severe penalties may apply for offences that fall outside of the legal framework.

Both residents and tourists 18 years or older can obtain a recommendation from a qualified physician for medical use of marijuana. Importantly, the qualifying medical conditions are not specified, hence physicians have discretion. Persons with such a recommendation can legally smoke (or otherwise consume) ganja within private spaces or at licensed dispensaries known locally as herb houses. Indeed, several licensed dispensaries are now in operation across the island and most have a physician on staff who is able to issue a recommendation for medical marijuana.

What is unique about Jamaica’s law is that Rastafarians can now possess unlimited amounts of ganja for use in their religious services. In addition, they can also make applications to cultivate cannabis in connection to their religious use. This is significant, as Rastafarians feel that prior to the amendments in law, they suffered persecution for using a natural herb that formed a part of their religious sacrament.

Dominica, Antigua and Barbuda & St. Kitts and Nevis

All three nations have decriminalized small amounts of cannabis used recreationally, but none has yet formally established a medical marijuana program. However, according to the respective governments, changes are coming. The Dominican Prime Minister has signaled his intention to have an operational cannabis industry in 2023.

Bermuda

Bermuda has decriminalized up to 7 grams of recreational marijuana while medical marijuana is legal.

Note: Of the three large islands in the Caribbean, namely Cuba, the Dominican Republic and Haiti, the use of cannabis remains illegal generally.

Legal Status of Marijuana Across Europe?

Many countries in Europe have decriminalized marijuana for personal use but fines may be levied against those caught in possession. At the time of writing, Georgia is the only European nation that has fully legalized small amounts of the herb for recreational use. Notwithstanding, there are several medical cannabis programs in operation across the continent.

Georgia

Recreational possession and consumption of marijuana became legal in Georgia in 2018. Medical cannabis is also legal. Through a ruling of the Constitutional Court of Georgia, this nation became the first in Europe to officially legalize cannabis for both recreational and medical use. However, be aware that commercial cultivation and sales remain illegal, hence small amounts for smoking have to be obtained from private individuals.

Spain

Although selling marijuana is technically illegal in Spain, residents do not face punishment for cultivating or consuming it in private spaces. In 2017, private smoking clubs were made legal. Membership in these clubs may only require filling out a basic document and paying an annual membership fee. Even tourists who can furnish a Spanish address may be allowed to participate in some cases. According to Kratom Science (https://www.kratomscience.eu/2019/12/02/the-rise-of-cannabis-clubs-barcelona-and-beyond/) there are over 800 such smoking clubs in Spain with the majority located in Barcelona. Some pharmaceuticals derived from cannabis are also available for medical use.

Nevertheless, one must exercise due care as there are fines for possession of weed in public places.

Czech Republic

Possession of up to 15 grams of marijuana for personal use is decriminalized in the Czech Republic and medical cannabis is legal. Further to that, the cultivation of 5 plants is allowed.

Belgium

Persons 18 years of age (or older) can possess up to 3 grams of marijuana without criminal punishment in Belgium. The cultivation of one plant is also decriminalized. However, smoking in public is not advisable. Medical cannabis is legal.

Portugal

Criminal penalties have been removed for drug possession in Portugal since 2001. This considerable policy shift decriminalized up to 25 grams of weed and made it an administrative offense for which drug rehabilitation is usually recommended. In addition to that, medical marijuana can be legally obtained.

Italy

Marijuana for personal use is officially decriminalized in Italy, and the supreme court there ruled in 2019 that cultivating small amounts of cannabis for personal use is legal. Medical and industrial use are legal subject to THC limits and other regulations. One should be mindful though, that unlicensed sale or possession of large quantities of marijuana is illegal.

It is notable that in April 2017, an Italian court in the city of Bari acquitted a Rastafarian who had been charged with illegal possession of 8 grams of marijuana found in his pocket (plus 50 grams found at his home). His acquittal was on the basis that he was a member of a religion that uses marijuana for meditation. Consequently, some people have interpreted that ruling to mean that religious usage of cannabis is now permitted.

So, What are the Real Reasons Behind the Ban on the Cannabis Plant? Read this Article!

The Netherlands

Marijuana remains technically illegal in the Netherlands, but since 1976, its recreational use has been decriminalized. Licensed Dutch coffee shops are allowed to sell up to 5 grams of weed at a time to residents 18 years and over. At the same time, there are strict rules to ensure that patrons do not become a nuisance. The shops are not allowed to advertise or sell alcohol on the premises.

One must bear in mind that it is a criminal offence to cultivate, deal in drugs or even take marijuana home. Hence, using the services of licensed coffee shops is advisable.

France

France has mainly decriminalized possession of small amounts of marijuana. Thus, paying a fine or attending a drug awareness class may be required if caught. Harsh penalties may apply to more serious offences. A pilot medical cannabis program was launched in March 2021, and the first shipment of dried cannabis flower arrived in August for distribution to patients. Furthermore, some cannabis-derived drugs are legal in the country.

Germany

Non-medical marijuana is illegal in Germany but those caught with small amounts may be spared time in jail. However, since 2017, medical cannabis has been legal and making recreational cannabis legal is under consideration by the leading political parties.

Switzerland

Marijuana possession of 10 grams or less has been decriminalized in Switzerland since 2012. At any rate, one may have to pay a fine. However, a parliamentary commission reportedly ruled in October of 2021 that cannabis should no longer be banned – see: https://www.thelocal.ch/20211019/switzerland-to-legalise-cannabis-production-and-usage/. This is likely to result in legislation that will legalize the herb.

Also, products enriched with CBD can be purchased as food supplements.

Croatia and Austria

In both Croatia and Austria, marijuana has been decriminalized for personal use while medical cannabis is legal.

Finland

Marijuana for recreational use is illegal in Finland, but there may not be rigid enforcement in some cases. On the other hand, medical cannabis is available under the terms of a special license.

United Kingdom

Possessing or consuming marijuana remains illegal in the United Kingdom (UK). Conversely, medical use is permitted for treating conditions such as multiple sclerosis, severe epilepsy and nausea associated with chemotherapy.

Norway and Lithuania

Marijuana for recreational use is illegal in both Norway and Lithuania, while medical cannabis can be accessed when prescribed by a physician.

Let's Explore Medical Marijuana: THC, CBD, Treatments And Access

Cannabis in Africa

“Cannabis and Extracts produced in Zimbabwe and Lesotho are slated for Export Only.”

Recreational cannabis is illegal in the vast majority of African countries, even though enforcement may be lacking in some areas. There are not many medical cannabis programs either.

South Africa

The constitutional court in South Africa ruled in 2018 that it was unconstitutional to prohibit the personal use and cultivation of cannabis by adults in private spaces. By that ruling, adults should not be prosecuted for the offences mentioned, but caution is advised as there have been reports of individuals being harassed by the police for possessing marijuana (called dagga in South Africa) for personal use, since the ruling. Trade in cannabis remains illegal.

Zimbabwe and Lesotho

Zimbabwe and Lesotho have both legalized the cultivation of cannabis for medical purposes. However, neither country has a medical marijuana program, hence the herb and products are slated for export. Recreational marijuana remains illegal in both countries.

Legality of Marijuana in Asia & The Middle East

Possession and trade in recreational cannabis is generally illegal across Asia and the Middle East. Malaysia, Saudi Arabia, Singapore, The United Arab Emirates and China are known to have particularly tough laws and enforcement.

A particular aberration occurs in India and Nepal where, though illegal, the use of cannabis is allowed for use in connection with certain rituals.

Thailand is actually the forerunner on the continent as it relates to legal access to marijuana.

Thailand

In June of 2022, Thailand’s Food and Drug regulators removed cannabis from the category of narcotic plants. In effect, cultivation and possession of marijuana was legalized. According to the Associated Press, “So far, it appears there will be no effort to police what people can grow and smoke at home, aside from registering to do so and declaring it is for medical purposes.”

The article also reported that some citizens were observed buying marijuana at the “Highland Café” as a means of celebrating the change in law. In addition, certain Thai shops and restaurants serve cannabis-infused drinks and edibles with low THC content.

Medical marijuana has been legal in Thailand since December of 2018. Patients are able to access cannabis for treatment based on the particular prescription issued by their physician. Tourists may seek approval from the ministry of health to use medical marijuana.

With these facts, Thailand became the first East Asian country to legally sanction both medical and non-medical consumption of cannabis.

India

Cannabis (or ganja as it is called) is illegal on the books in India. However, an exception is made for a cannabis-infused drink called bhang which features in religious rituals, festivals and ayurvedic medicine across India. In fact, there are government-authorized bhang shops that openly advertise the drink.

Indian states regulate ganja at the local level and there are some regions that are highly tolerant of personal consumption generally.

Nepal

Cannabis is also officially prohibited in Nepal, where an individual may face up to a month in jail for personal use and much higher sentences for trafficking the drug. Nevertheless, the prohibition is ignored during the annual Maha Shivaratri festival where marijuana is freely smoked at the temples of the Hindu god Shiva.

There is a campaign underway to legalize cannabis for medical use (initially) in Nepal. Supporters have been able to introduce a bill in the country’s parliament.

Israel

By a law enacted in Israel in 2019, possession of small quantities of marijuana is penalized with moderate fines, thereby effectively decriminalized. Medical cannabis has been legal from as far back as 1999 and according to the Cannigma, (https://cannigma.com/regulation/cannabis-laws-israel/) the number of patients rose to over 70,000 by 2020. Qualified patients obtain permits by submitting an application to the country’s Ministry of Health.

South Korea and Taiwan

South Korea and Taiwan prohibit any illicit consumption of marijuana. Cannabis can only be used medically in the form of pharmaceutical drugs like Sativex and Epidiolex and Marinol.

Japan

Any cannabis product that contains THC is illegal in Japan under the Cannabis Control Act. Penalties are harsh for breaches of this law and may result in up to 5 years of prison time.

CBD products derived from hemp that have 0% THC are legal and widely available.

Note on China: It is believed that China is the world’s biggest producer of industrial hemp and derivatives, but it is rather ironical that such products cannot be used there. Cannabis is illegal in all forms.

Is Marijuana Legal in Australia & New Zealand?

Australia

Under Australian federal law, non-medical cannabis is illegal in that country. Some people can still light up though. As in the United States, territories across the country have enacted statutes that are incongruous with the federal law. The Australian Capital Territory (which includes Canberra, the capital) passed a bill in 2019 which made it legal for each resident 18 years and over to possess up to 50 grams of weed and grow 2 plants for personal use.

In the Northern Territory and South Australia, recreational marijuana has been decriminalized, hence possession of small amounts may only attract a fine.

Medical cannabis has been legal throughout the entire country since February 2016, but the qualifying conditions are determined by local regulations. Federal law allows the herb to be cultivated for medicinal and scientific purposes.

Gradual Changes to Marijuana Laws

Around the world, the laws that manage marijuana are rather fluid. The medical benefits of the herb are being examined, even in countries that previously exhibited a strong abhorrence towards the cannabis plant.

Younger generations – equipped with new information – are more open-minded and prepared to look beyond the marijuana stigma. With full or partial legalization in major states, it is now easier for governments that are so inclined to incorporate cannabis into their medical establishment and overall economy.

However, we reiterate that on your treks across the globe, do not expose yourself legally. Please carefully check the applicable cannabis laws wherever you may wish to possess or utilize the plant in any form.

*** Every effort was made to ensure that the information presented is correct as of the date posted on this website. However, we cannot guarantee 100% accuracy. Due to the rapidly changing laws, it can be a challenge to keep the information updated.  We will attempt to update the information periodically. Indeed, we are open to correction or any new information that readers are aware of. 

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References:

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https://www.independent.co.uk/news/world/europe/marijuana-smoking-meditating-italian-court-rastafarian-cannabis-possession-a8033891.html

Brown, Justin. “The Rise of Cannabis Clubs: Barcelona and Beyond.” Kratom Science. December 2, 2019. Retrieved 5 Dec. 2021 from

https://www.kratomscience.eu/2019/12/02/the-rise-of-cannabis-clubs-barcelona-and-beyond/

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