Legal status of cannabis

from Wikipedia, the free encyclopedia
Medical cannabis - legal situation Status: December 2019
  • legal (prescription only)
  • legal for recreational use too
    • Recreational use of cannabis - criminal assessment of possession of small quantities · Status: October 2019
  • legal
  • decriminalized
  • no compulsory prosecution
  • illegal
  • no information

    • This article deals with the legal situation of cannabis ; all other aspects can be found in the main articles cannabis as an intoxicant , cannabis and cannabinoids as medicinal products and industrial hemp .

    German-speaking countries

    Germany

    Not marketable

    In Germany "and parts of plants belonging to the genus include Cannabis plants belonging" and " hashish , the separated resin belonging to the genus Cannabis plants belonging" and the tetrahydrocannabinols Δ6a (10a) -THC, Δ6a-THC, Δ7-THC, Δ8-THC , Δ10-THC, Δ9 (11) -THC and their stereochemical variants according to § 1 Narcotics Act (BtMG) in connection with Appendix I of the BtMG on non-marketable substances. Without the approval of the Federal Institute for Drugs and Medical Devices (BfArM) , cultivation, manufacture, trade, import, export, supply, sale, other placing on the market, acquisition and possession of all plant parts of cannabis are punishable according to § § 29 ff. BtMG.

    Exceptions

    In exceptional cases, however, approval can be granted for scientific or other purposes in the public interest. The only exceptions are fiber hemp varieties that have been bred for an artificially greatly reduced THC content. Even their cultivation is only allowed for farmers with a special permit and under strict conditions. The first exemptions for the medicinal use of cannabis were issued in early 2009. This was obtained from a pharmacy in the Netherlands.

    The cannabis active ingredient tetrahydrocannabinol (Δ9-THC) is subject to Appendix II of the BtMG.

    Marketable as a medicine

    Since May 2011 in Germany, with the announcement of the 25th ordinance amending narcotics regulations in the Federal Law Gazette , cannabis, provided it is used for the preparation of pharmaceuticals, is marketable and finished medicinal products containing cannabis can be prescribed. Since March 10, 2017, doctors in Germany have also been able to prescribe cannabis flowers and cannabis extracts for their patients. The health insurance companies may cover the costs.

    The experimental criminality in the cultivation of cannabis begins with the bringing of the seeds to a prepared area. However, the acquisition and possession of cannabis seeds according to Annex I Part B of the BtMG is already a criminal offense.

    Consumption allowed

    The consumption of narcotics is not prohibited in Germany. It is legally regarded as self-harm without penalty (cf. objective attribution ). It is recognized by commentators on the Narcotics Act as well as by judges that one can consume drugs without having acquired them in the legal sense. This is of practical importance because, for these reasons, a positive drug test does not imply a criminal offense. As a rule, however, there is an entry in the driver's license file (drug user: driving under the influence of psychoactive substances ). A single entry, which can also be below the limit value during the test (BTM display below the limit, or THC -COOH value), is enough to receive a request for drug screening by the administrative authority. The reverse burden of proof applies here. The driver of a motor vehicle must prove at his own expense that the degradation values ​​found do not result from the consumption of drugs.

    Consumption pattern limits THC-COOH according to Daldrup

    Measured in the serum shortly after consumption:

    less than 5 ng / ml no statement
    5 to 10 ng / ml Suspected occasional use
    from 10 to 150 ng / ml occasional consumption
    more than 150 ng / ml regular consumption

    Through a court-proof screening up to eight days after consumption, measured in the serum:

    less than 5 ng / ml single use possible, suspected occasional use
    5 to 75 ng / ml occasional consumption
    more than 75 ng / ml regular consumption

    Small amount

    Criminal proceedings due to the acquisition of small quantities of cannabis products , which are in the range of "very small quantities", are usually discontinued by the public prosecutor's office on the basis of a 1994 ruling by the Federal Constitutional Court . The amount called the smallest amount is regulated differently in the federal states. In North Rhine-Westphalia there are z. B. (As of August 2013) 10 g gross amount of cannabis. Small amounts of cannabis will be confiscated if found, but it does not necessarily have to be tried in court. This regulation only applies to occasional consumers, the interpretation of the decision is at the discretion of the judge or public prosecutor and may depend on further circumstances of the individual case. If the impression that the consumer is a permanent consumer is given due to previous recruitment, he cannot count on recruitment in accordance with the stipulations of the Federal Constitutional Court. Likewise, there must be no external hazard through public consumption. In 1990, the Lübeck judge Wolfgang Nešković raised the demand on the Federal Constitutional Court to legalize cannabis under the catchphrase “ right to intoxication ”. So far, it has not met this requirement, but instructed the Conference of Interior Ministers to set a nationwide maximum limit for self-consumption. Implementing this in full has so far been neglected.

    In June 2018, the justice ministers of the German federal states decided to set a uniform upper limit for personal cannabis consumption. Criminal proceedings could be discontinued for possession of up to six grams.

    "Not a small amount"

    The "not small amount" according to the formulation of § 29a Abs. 1 Nr. 2, § 30 Abs. 1 Nr. 4 and § 30a Abs. 1 BtMG, unlike the "small amount", does not primarily refer to the total weight the seized substance, but rather the weight of the active ingredient contained, in this case the THC . Therefore, the determination can only be made after the laboratory determination of the active substance content and accordingly requires the confiscation and evaluation of the material in question.

    In the field of cannabis, the "not small amount" is given with an active ingredient content of 7.5 grams of THC: Even if you have this amount, from a purely legal point of view, this results in a crime (imprisonment not less than 1 year). In addition, in addition to the active substance content of the confiscated intoxicant, the amount of intoxicant as such is a further determining reason for the assessment of the penalty. Therefore, in addition to the determination of the active ingredient content, the case law also requires information on the total amount for the reasons for the judgment.

    Development of cannabis-related criminal proceedings

    Number of preliminary investigations into cannabis in Germany:

    Number of preliminary investigations into cannabis in Germany
    year Cannabis offenses year Cannabis offenses
    1991 51,615 2006 148,667
    1992 47,899 2007 141.391
    1993 49,675 2008 132,519
    1994 58,785 2009 130.963
    1995 70,461 2010 128,868
    1996 81.143 2011 131,951
    1997 91,352 2012 134,739
    1998 109,863 2013 145.013
    1999 118,973 2014 161.040
    2000 131,662 2015 168.724
    2001 131,836 2016 183.015
    2002 139,082 2017 204.904
    2003 148.973 2018 218,660
    2004 174,679 2019 225,120
    2005 166.144

    Medical use

    In Germany, finished medicinal products based on Nabiximols (Sativex), Dronabinol and Nabilon can be approved. In 2007, an exemption for the medicinal possession of cannabis flowers from the pharmacy was granted for the first time.

    Until March 2017, patients could apply to the Federal Opium Agency of the Federal Institute for Drugs and Medical Devices (BfArM) for an exemption according to Section 3 (2) BtMG for the purchase of cannabis flowers for use as part of medically supervised self-therapy. In the application, the patient had to explain that other therapies were not sufficiently effective and that treatment with other cannabis drugs is not possible, for example because the costs of treatment with prescription cannabis drugs are not covered by the health insurance. A medical opinion also had to be attached to the application.

    In 2007, such an exemption was granted for the first time for a patient suffering from multiple sclerosis , since according to the law, such an authorization is “only exceptionally possible for scientific or other purposes in the public interest”. This was preceded by the legitimation by the judgment of the Federal Administrative Court in 2005, which saw the provision of the necessary medical care for the population as a purpose in the public interest within the meaning of Section 3 (2) BtMG.

    On January 11, 2011, the Cologne Administrative Court ruled for the first time that the denial of approval for home cultivation in a patient with multiple sclerosis and significant balance disorders was illegal. The defendant Federal Republic of Germany represented by the Federal Institute for Drugs and Medical Devices (BfArM), but also the plaintiff himself appealed against the decision to the Higher Administrative Court in Münster: the Federal Republic because it wanted to prohibit self-cultivation, the plaintiff because he wanted to prevent that the BfArM was given the opportunity to exercise discretion . The Higher Administrative Court rejected both appeals and confirmed the decision of the lower court. As a result, both sides called the Federal Administrative Court and appealed on an appeal, which was decided on April 6, 2016 in favor of the plaintiff (represented by the lawyer Oliver Tolmein ). For the first time, the Federal Administrative Court obliged the Federal Institute for Drugs and Medical Devices to grant an exceptional permit to cultivate their own cannabis, since the narcotic is necessary for medical care and there is no equally effective and affordable alternative therapy available. This does not affect the authority of the BfArM to add ancillary provisions to the permit. The Federal Ministry of Health has now drawn up a draft bill that also enables cannabis flowers to be prescribed for the treatment of patients at the expense of statutory health insurance companies. On September 28, 2016, the BfArM issued the first notification that actually allowed a patient to grow cannabis for his own medical self-sufficiency. The notice is limited to July 30, 2017. However, the permit expires if the patient can obtain cannabis from the pharmacy under the planned new law at the expense of the statutory health insurance.

    On January 19, 2017, the Bundestag passed a draft law by the Federal Ministry of Health so that, since March 10, 2017, critically ill people in need can get controlled cannabis on prescription, whereby the costs can be covered by the health insurance companies. Doctors should independently decide whether cannabis therapy makes sense, even if other treatment options exist. In order to ensure the supply, the cultivation of cannabis for medical purposes in Germany should be made possible. The cultivation planned for the future is coordinated and controlled by a state cannabis agency subordinate to the BfArM. The first harvest is expected in the 4th quarter of 2020. In the meantime, the demand is being covered by imports, which, however, repeatedly leads to supply bottlenecks for patients (as of 2018). Growing yourself is still prohibited. Exceptions from the Federal Opium Agency at the BfArM for the purchase of medicinal hemp products are no longer required.

    Draft of a Cannabis Control Act (CannKG)

    The draft of a cannabis control law (CannKG) is a draft law introduced into the German Bundestag by the Bundestag faction Bündnis 90 / Die Grünen on March 20, 2015, with the aim of providing adults with legal access to cannabis as a stimulant and at the same time for youth and To serve consumer protection and addiction prevention. The draft law (printed matter 18/4204) of March 3rd, 2015 triggered controversial reactions and a nationwide media coverage. The final vote on the draft law took place on July 2, 2017. It was rejected with the votes of the CDU / CSU and SPD against the votes of the Bündnis 90 / Die Grünen and Die Linke factions.

    Austria

    In Austria , cannabis is subject to the provisions of the Narcotics Act (SMG). The classification of cannabis as a narcotic substance within the meaning of the law is based on the standard agreement on narcotics . According to the law, anyone who acquires, owns, produces, imports, exports or gives or procures cannabis to another is to be punished. Since consumption presupposes the (even if only temporary) possession (custody) of the substance, it also automatically falls under the list of criminal offenses.

    Cannabis with an active ingredient mass of less than 20 grams of THC is considered a small amount . This corresponds to 80 to 300 grams of dried cannabis flowers, depending on the THC content of the product. In the case of criminal proceedings because of the acquisition and possession of small quantities, the public prosecutor's office must put aside the complaint in accordance with Section 35 SMG for a trial period of one to two years, which is intended to protect occasional consumers from excessive criminalization. However, if there is another drug offense within the probationary period, the proceedings will be restarted. The filing of the complaint requires a statement from the health authority as to whether the person reported, as a permanent consumer, needs a health-related measure in accordance with § 11 SMG (medical examinations, withdrawal measures, psychotherapy). However, in accordance with Section 35 (4) of the SMG, the public prosecutor may refrain from obtaining a statement if the person charged has only acquired and possessed a small amount of cannabis for personal consumption and there is no reason to believe that he or she needs a health-related measure. Health-related measures with cannabis usually consist of counseling sessions and the regular submission of urine samples over a longer period of time.

    Basically, even small quantities risk imprisonment of up to six months or a fine (Section 27 (1) SMG), stricter penalties apply to the transfer of narcotic drugs to minors (Section 27 (2) no.1 SMG) and for offenses in connection with commercial drug crime (Section 27 (2) 2 SMG). Acquisition and possession of large quantities of addictive substances for personal use fall under the "milder" Section 27 (1) SMG. The production, import and export and the placing on the market of large quantities of addictive substances are punished according to the far stricter § 28 SMG, whereby the inspection within the framework of a gang or criminal association is assessed as a guilty party, a possibly existing addiction as the predominant motive for the offense is assessed as a guilt-reducing factor. The focus of criminal prosecution in Austria is usually on large-scale offenses; the official principle is therapy instead of punishment .

    Seeds and plants are subject to the Narcotics Act if they are suitable for producing narcotic drugs or if they contain more than 0.3% THC. There is a certain amount of legal freedom here because seeds, leaves, stems, roots and young plants do not reach this level of THC and are not considered to be addictive. In fact, there are numerous shops selling seeds and young plants that can grow into potent cannabis plants. The unauthorized cultivation of cannabis plants for the purpose of obtaining addictive substances ( production ) is an administrative offense that is punishable by a fine of up to 36,300 euros in accordance with Section 6 (2) in conjunction with Section 44 (1) SMG, and imprisonment for up to six weeks if it is not brought in. In principle, only the act of obtaining addictive substances is legally punishable , i.e. H. the separation of the THC-containing plant parts from the plant for the purpose of purchasing addictive substances. In practice, however, the courts often already rate the cultivation or production as attempted production within the meaning of the SMG. The cultivation of cannabis plants for purposes that do not serve to produce addictive substances, for example as ornamental plants or as a raw material for paper, is not punishable, regardless of the THC content of the variety.

    Switzerland

    In Switzerland , cannabis falls under the Narcotics Act and is illegal. Towards the end of the 1990s, the authorities in many cantons tolerated the sale of marijuana as "scented sachets" in hemp shops. Basel was especially known for its liberal drug policy , where at peak times there were more shops selling hemp products than bakeries. The amount of sales achieved led to a rapid increase in crime among the providers. Cases of protection rackets, threats and assaults increased. This provided the police with the main reason for thorough raids between 2002 and 2003, during which almost all hemp shops were closed.

    Until 2004 there were long discussions in parliament as to whether the use of cannabis - as opposed to trade - should be legalized before this was rejected by a majority. A few days later, the Committee for the Protection of Young People - Against Drug Crime initiated a popular initiative entitled Federal People's Initiative "for a sensible hemp policy with effective youth protection" to amend the federal constitution , which allows the possession, consumption and cultivation of hemp Wanted to enforce personal use and a strictly regulated but legal trade in it, whereby advertising for hemp consumption and sales to young people would have remained illegal according to the Dutch model. The initiative was submitted on December 15, 2006 with 105,994 signatures and was voted on November 30, 2008. It was rejected by the people with 63% of the votes cast and by all classes .

    In Switzerland today, around 500,000 people regularly use cannabis. 31 percent of 15 to 39-year-old men have used cannabis at least once. Of women aged 15 to 39, 25% have smoked a joint before. In summary, that is around every fifth person who lives in Switzerland.

    In Switzerland, according to the Narcotics Act :

    Art. 19:

    1. A prison sentence of up to three years or a fine is punishable by anyone who:
      a. Cultivates, manufactures or otherwise produces narcotic drugs without authorization;
      [...]
      c. Sells, prescribes, otherwise procures narcotics for another person or places them on the market without authorization;
      d. Owns, stores, acquires or otherwise obtains narcotic drugs without authorization;
      [...]
    2. The offender will be punished with a term of imprisonment not less than one year, which can be combined with a fine, if he:
      […]
      b. acts as a member of a gang that has come together for the continued pursuit of the illicit drug trade;
      c. Achieve a large turnover or a substantial profit through commercial trade;
      d. commercially offers, dispenses or otherwise makes narcotics available in training centers primarily for young people or in their immediate vicinity.

    Art. 19a:

    1. Anyone who deliberately consumes narcotic drugs without authorization or who commits an offense within the meaning of Article 19 for their own consumption will be punished with a fine.
    2. In minor cases, the proceedings can be discontinued or a penalty waived. A warning can be issued.

    Art. 19b:

    1. Anyone who prepares only a small amount of a narcotic drug for their own consumption or supplies it free of charge to enable the simultaneous and joint consumption of a person over the age of 18 is not liable to prosecution.
    2. 10 grams of a cannabis-type anesthetic is considered a minor amount.

    Art. 28b:

    1. Offenses under Article 19a number 1, committed through the consumption of narcotic drugs of the type of effect cannabis, can be punished in a simplified procedure with fines (fines procedure).
    2. The fine is 100 francs.

    The regulations apply to hemp with a THC content of 1% or more. For people over the age of 18 it follows from them that the sale of cannabis in particular, regardless of the quantity, can be punished with a fine or imprisonment for up to three years. In the case of commercial or gang action, the prison sentence for the sale is at least one year up to twenty years. This penalty applies z. B. for the cultivation and sale of large quantities from an indoor system, if a turnover of at least 100,000 Swiss francs is achieved or at least two people have formed a gang.

    Actions for your own consumption, e.g. B. Cultivation, acquisition, possession and consumption itself can in principle be punished with a fine of up to the statutory maximum amount of CHF 10,000. However, an exception applies to quantities up to 10 grams. In particular, the acquisition, preparation and possession of cannabis for one's own consumption are unpunished as long as they are not consumed at the same time. Also, giving it to third parties aged 18 and over is not punishable if the amount is up to 10 grams and this is done free of charge and for joint consumption.

    Consumption itself is always punished with a fine - theoretically up to the legal maximum, which is never reached in practice. Since October 1, 2013, the consumption of cannabis by people aged 18 and over can also be punished by the police in a simplified procedure with a fine of 100 Swiss francs. The prerequisite here is that the police have observed the consumption themselves. Otherwise, ordinary criminal proceedings will be initiated. Consumption is always a criminal offense for young people.

    Cannabis with high CBD values ​​as a tobacco substitute

    Cannabidiol products (such as marijuana) with a THC content of less than 1% are not subject to the Narcotics Act in Switzerland, but to the Food Act (Tobacco Ordinance). The products placed on the market as tobacco substitutes must therefore meet the legal requirements of the products they replace.

    The manufacturers and producers of tobacco substitutes in the form of z. B. Dried CBD hemp flowers must report their products to the Federal Office of Public Health before they are sold. In particular, the report contains a laboratory analysis which confirms the non-psychotropic effect and the absence of nicotine. The packaging must also meet certain requirements. The same warning pictures as on cigarette packs must be printed on every retail pack. So that the consumer of the tobacco substitute products can clearly perceive the warning notices, they must be at least 35% of the front and 50% of the back of the packaging area. In addition, the notes "<1% THC" and "products based on plants, no tobacco" must be present on the packaging. Although several studies have confirmed the medicinal effects of cannabidiol (CBD), producers of legal CBD hemp products are prohibited from making promises of healing to customers and promoting them as drugs or remedies.

    Other European countries

    Italy

    Drug use has not been a criminal offense in Italy since the 1993 referendum, but it is punished under administrative law (withdrawal of driver's license, residence permit, weapons passport, etc.).

    Art. 73 DPR (Decree of the President of the Republic) 309/1990 Testo Unico Stupefacenti (standard text for narcotics) also punishes possession of drugs if it is not for personal use only: therefore, charges are brought relatively often, even if only a small amount is found and there are other indications of disclosure (e.g. finding a scale, material for packaging, cash).

    The production and trafficking of drugs is punishable by imprisonment of 6 to 20 years and fines of 26,000 to 260,000 euros; the same penalties also apply to the acquisition or possession of drugs if the circumstances of the find do not indicate purely personal use.

    In less serious cases, the judge, who is granted a certain degree of discretion, can reduce the prison sentences and fines to 1 to 6 years and 3,000 to 26,000 euros.

    In January 2019, it was announced that the ruling 5-star movement had submitted an application to legalize cannabis in the Italian parliament. The coalition partner Lega Nord rejects the legalization.

    Medical cannabis has been legally available since 2013.

    The Court of Cassation ruled on December 19, 2019 that cannabis cultivation for personal use in one's own home is permitted.

    Croatia

    Medical cannabis was legalized in Croatia in 2015.

    Lithuania

    In 2018, the Lithuanian parliament decided that from May 2019 cannabis-based drugs may be prescribed by a doctor.

    Luxembourg

    Luxembourg's ruling parties announced the legalization of cannabis at the end of 2018. According to an agreement between Liberals, Socialists and Greens, the manufacture, purchase, possession and consumption of cannabis for personal use will be punished. This should originally be implemented by mid-2019. In May 2019, Luxembourg Health Minister Etienne Schneider announced that cannabis use would remain banned on the street and in public places. In response to a request from the Saarländischer Rundfunk , the Luxembourg government announced in December 2019 that cannabis legalization would take at least two years. In February 2020, the press reported on further cornerstones of the legalization concept: The sale should only be made to people aged 18 and over who have been living in Luxembourg for at least 6 months. Sales are to be limited to 30 grams of marijuana per person per month.

    Medical cannabis can be prescribed by certain doctors in Luxembourg since January 2019.

    Malta

    Medical cannabis was legalized in Malta in March 2018.

    Netherlands

    Cannabis is still illegal in the Netherlands , but is tolerated up to a quantity of 5 grams, which means that possession of small quantities remains unpunished and cannabis products can be sold in so-called coffee shops under certain conditions . The social acceptance of the drug cannabis has increased significantly as a result and the prosecution is only carried out very superficially in this regard. However, these coffee shops have to buy their supplies from the black market, as the manufacture of cannabis products is still prohibited. This leads to the so-called back-door problem. The illegal trade in cannabis (especially in large quantities) remains a major problem in the Netherlands; Some politicians therefore demand regulated, but legal or tolerated trade. In addition, there is a kind of drug tourism in cities near the border, which above all results in noise pollution for the resident population, but also necessitates controls by the authorities in neighboring countries, which pursue a less liberal cannabis policy, since drug smuggling occurs. The Dutch do not consume more cannabis per person per year than the Germans or other Europeans.

    In the Netherlands, cannabis has been given to needy patients in a state-controlled manner for medical use since 2003, without them having to fear being prosecuted by the judiciary. Marijuana has been approved as a pharmacy- only drug in the Netherlands since September 2003 . However, since this is far more expensive than the tolerated cannabis in coffee shops, it has only found few buyers so far.

    Poland

    In Poland, medical cannabis has been legally available in specially certified pharmacies since November 1, 2017. The right-wing populist party Kukiz'15 campaigned for this .

    Portugal

    The trafficking, possession and abuse of drugs remain banned, but since 2001 small quantities have not been prosecuted. The UN's 2009 World Drugs Report reads about Portugal:

    “Current policies keep drugs away from those who shouldn't and focus on treatment rather than arresting users. Portugal's laws have not led to an increase in drug tourism. It also appears that the number of drug-related problems has decreased. "

    According to the 2004 European Study of Schoolchildren on Alcohol and Other Drugs (ESPAD), only 15% of Portuguese school students have used cannabis. This means that drug consumption among Portuguese schoolchildren is relatively low on average in Europe - in Germany it would be 27% - the Czech Republic is the frontrunner with 44%.

    Russia

    The consumption of cannabis is punished in Russia and the Russian Federation with a fine of up to 5,000 rubles (approx. 70 euros) or up to 15 days imprisonment. Foreigners are also expelled from the country. Anyone who owns, buys, transports or processes quantities of less than six grams must expect fines of up to 4,000 rubles (approx. 55 euros) or 15 days imprisonment.

    Quantities between six and 100 grams face the following penalties:

    • Fine of 40,000 rubles (about 500 euros) or three months' income
    • imprisonment for up to three years
    • 480 hours of social work

    From 100 grams, the penalties become harsher, imprisonment for up to ten years is possible.

    Spain

    In Spain, the cultivation and use of cannabis in cannabis social clubs is tolerated, ie members are allowed to cultivate cannabis together and use it in the clubs, but not pass it on to outsiders. However, the legal situation is not really certain since the police and judiciary successfully took action against a club in Bilbao .

    Czech Republic

    In the Czech Republic , possession of up to 15 grams of marijuana is no longer criminally prosecuted since January 1st, 2010, but only punished with a fine of up to € 570. However, the Supreme Court lowered the amount to 10 grams of marijuana in April 2014. Various harder drugs have also been "legalized" in precisely specified quantities. This is one of the most liberal drug laws in Europe. The amendment to the law in 2010 was preceded by a survey in 2007, according to which 30% of all Czechs under 24 have already used cannabis. The Czech Constitutional Court also overturned the ban on cannabis cultivation in the summer of 2007 with reference to this survey, among other things: The private cultivation of up to five cannabis plants per person to cover personal needs is no longer punishable, but instead draws a fine up to 600 euros or the completion of social hours.

    In January 2013 the Czech parliament approved the approval of cannabis for medical purposes.

    United Kingdom

    Specialists in the UK have been able to prescribe medical cannabis since November 1st, 2018.

    Cyprus

    In February 2019, the Cypriot parliament approved the legalization of cannabis for medicinal purposes.

    States outside Europe

    Australia

    On February 1, 2020, the Australian capital, Canberra, legalized the possession and cultivation of cannabis. Possession of 50 grams of cannabis and the cultivation of up to two cannabis plants per person (max. Four plants in one household) are no longer punishable there for people aged 18 and over.

    Brazil

    On August 23, 2006, Law No. 11,343 Nova Lei Antidrogas was passed, which came into force on October 6, 2006. With this new law a departure from the principle of zero tolerância is carried out. Instead of following a path based on the US system (escola americana) and criminalizing users of illegal drugs, a path is being taken that is more in line with European principles.

    This law, which replaces the previous laws 6.378 and 10.409, stipulates, among other things, that the possession and consumption of illegal drugs is no longer regarded as a crime, remains unpunished and users can therefore no longer be sentenced to prison terms. Previously, drug possession in Brazil was punishable by six months to three years imprisonment. Instead, attempts can now be made to influence users of illegal drugs with less repressive means. In particular, warnings, support by social workers or the obligation to do community service are possible means.

    This law does not only apply to cannabis, but includes all illegal drugs. The nomenclature was also changed; if tóxicos was previously mentioned , the term drogas is now used . In return, the possible penalties for trafficking in illegal drugs have been increased. The previous sentence of three to fifteen years imprisonment has been tightened to five to fifteen years.

    Israel

    In Israel , consumption is only allowed for medical purposes with a doctor's prescription. Possession of up to 15 grams is subject to up to three years in prison, for larger quantities a maximum sentence of 20 years applies.

    In June 2020, the Israeli government announced that it would legalize the acquisition, possession and use of cannabis for people aged 21 and over. This is to be implemented in 2020. The "Ministerial Committee for Legislation" passed a corresponding bill on June 21, 2020. According to this, cannabis should be sold in licensed shops, while home cultivation remains prohibited.

    Jamaica

    On June 2, 2014, the Jamaican government decided to decriminalize Portia Simpson Miller small amounts of marijuana for private, medical or scientific use . Possibly only a fine has to be paid. The appendix to the existing law defines two ounces as the minimum amount for an arrest.

    "Too many of our young people have ended up with criminal convictions after being caught with a spliff, something that has affected their ability to do things like get jobs and get visas to travel overseas"

    "Too many young people have been convicted of crime after being caught with a joint - something that has affected their chances of getting a job or an international visa."

    - Attorney General Mark Golding

    Japan

    As part of the Potsdam resolutions for Japan, an ordinance came into force on November 24, 1945, which prohibited the cultivation of plants containing drugs and the production of drugs. On July 10, 1948, this regulation was then also replaced at the instigation of the US occupation authorities ( GHQ ) by the "Drug Control Act" ( 麻 薬 sowie 法 , Mayaku torishimarihō ), and a special " Hemp Control Act " ( auf 法 , Taima torishimarihō ).

    This provides in Article 24 for cultivation, as well as the import and export of hemp without permission, a prison sentence of up to seven years or up to ten years for commercial intent and a fine of three million yen. Article 24b provides for up to five years' imprisonment for possession and transfer or up to seven years for commercial intent and a fine of up to two million yen. Article 24c provides the same penalties for virtually any use other than research, for which specific permission must be obtained.

    Every year around 2,000 people are convicted of these offenses.

    Canada

    In Canada , possession of cannabis has been largely legalized since October 17, 2018. People aged 19 and over (in the province of Alberta from 18 years of age, in Quebec from 21 years of age) are allowed to take up to 30 grams of cannabis outside of their own homes and obtain it in state-licensed stores or via the Internet. Usually the consumption of cannabis is allowed wherever tobacco products can be smoked. However, the regulations in the country's 13 provinces diverge. In Newfoundland or Nunavut, for example, consumption is only permitted in the private sector outside the public. Black market trafficking and driving while under the influence of drugs remain illegal.

    Lebanon

    In Lebanon , the cultivation of cannabis for medicinal purposes was legalized in April 2020.

    Mexico

    After the Supreme Court of Mexico ruled that the ban on cannabis restricted freedom of expression, the party of the President-elect of Mexico, Andrés Manuel López Obrador , announced the legalization of cannabis as a stimulant in November 2018. The specific details of the legalization should be decided in summer 2019, at the end of October it was announced that the Senate would discuss the draft law in the first weeks of November. In January 2020 it became known that the Supreme Court postponed the legalization deadline to April 30, 2020. In April 2020, the deadline was extended to December 15, 2020.

    Nepal

    MPs from the ruling Nepalese Communist Party introduced a motion to re-legalize cannabis in the Nepalese parliament in January 2020. In 1973, Nepal banned cannabis under pressure from western countries.

    New Zealand

    In December 2018, the New Zealand government passed a law legalizing the use of marijuana for medicinal purposes.

    A referendum to be held together with the parliamentary election scheduled for September 19, 2020, will decide on the legalization of marijuana for recreational use. The bill stipulates that people aged 20 and over will be allowed to buy and use cannabis products.

    The date of the election in August 2020 was postponed to October 17, 2020.

    North Korea

    In North Korea , marijuana and hashish are classified as illegal drugs like heroin and cocaine. Rumors about its legality as an intoxicant have turned out to be false. However, THC-free or low-THC wild hemp knaster is openly traded there as a cheap tobacco substitute. North Korea officially uses industrial hemp for the textile and food industries.

    Peru

    On September 19, 2017, the Drugs Committee in the Peruvian Congress approved a bill to legalize medical marijuana and cannabis products .

    Zimbabwe

    The Zimbabwean government announced in April 2018 that it would allow companies to grow medicinal cannabis in the future. This makes Zimbabwe the second country in Africa to have legalized cannabis cultivation.

    South Africa

    In September 2018, the Constitutional Court of South Africa legalized the cultivation of cannabis for personal consumption as well as the consumption of cannabis outside the public.

    Thailand

    In December 2018, the Thai parliament approved the approval of marijuana for medical purposes. This makes Thailand the first country in Asia to legalize the medical use of cannabis. However, illegally carrying cannabis is still a criminal offense.

    Uruguay

    Uruguay announced on December 11, 2013 that it would be the first country in the world to legalize the cultivation and sale of marijuana and cannabis products under state control. Every adult with Uruguayan citizenship will in future be able to buy up to 40 grams of marijuana per month in pharmacies, a maximum of 10 grams per week and two varieties. Private individuals are also allowed to grow up to six cannabis plants a year. In addition to marijuana clubs allowed with 15 to 45 members. These clubs are then allowed to grow up to 99 plants each year and allow each member up to 480 grams per year for personal consumption. On November 19, 2016, the Institute for the Regulation and Control of Cannabis announced that one gram of marijuana would cost the equivalent of 1.30 US dollars (originally announced for around one dollar) or 1.20 euros. The then head of state José Mujica hoped that the measure would enable the fight against drug cartels to be more efficient. The aim of this law is to address the negative consequences of cannabis use on society. The cultivation and trade should be controlled by a state commission. Consumers have to enter themselves in a register, minors and foreigners are prohibited from consuming. The opposition nevertheless fears that drug tourism will develop. Export from the country is prohibited. Until now, the use and possession of cannabis for personal use was permitted in Uruguay, but trade and cultivation were prohibited.

    The start of legal sales was originally planned for mid-2014, but was postponed to 2015 due to technical difficulties with the software system for regulating pharmacy purchases, which, however, still cannot be carried out due to further delays (as of November 2016). At the moment, however, it is already possible to register the cultivation of up to six plants for personal use and to found cannabis social clubs. Sales began on July 19, 2017, initially in 16 pharmacies, which have so far met the state requirements. Consumption is prohibited in the workplace, in public places or at the wheel.

    United States

    National Organization for the Reform of Marijuana Laws protest     rally , Washington, DC , 2000
    Legal Status of Cannabis Possession in the United States:
  • Cannabis possession decriminalized, medical use legalized
  • Legalized cannabis possession
  • medical use legalized
  • medical use legal, limited THC content
  • complete cannabis ban
    • D    possession of THC decriminalized

    Cannabis has been restricted by law in the United States since 1937 . That year it was taxed at $ 100 an ounce under the Marijuana Tax Act . In 1971, the Controlled Substances Act finally resulted in a complete ban on cannabis. Harry J. Anslinger is considered to be a driving force behind criminalization . Today, around 3.5% of the total of around 1.2 million American prison inmates are incarcerated for cannabis offenses. Since criminal law falls under the jurisdiction of the American states , penalties vary from state to state, depending on the law there.

    In 1996, California became the first state to approve marijuana for medical use following a referendum . The doctors were given a lot of leeway here, so that the prescription could also be made for less serious complaints such as back pain. The sale took place through licensed sales outlets (so-called "Medical Cannabis Dispensaries"). However, cannabis was and is still banned by US federal law, resulting in house searches by federal police officers in some California facilities. However, this approach of the American Drug Enforcement Administration (DEA) was ultimately prohibited by a federal court . 31 states have now allowed cannabis for medical treatment. However, some of these are laws that only allow the non-psychoactive ingredient cannabidiol .

    On November 6, 2012, the states of Washington ( Washington Initiative 502 ) and Colorado ( Colorado Amendment 64 ) legalized the private possession of up to 28 grams of cannabis by popular vote. Meanwhile, cannabis has been largely legalized through similar referendums in Alaska , California , Oregon , Massachusetts , Maine , Nevada , Michigan , Illinois, and Vermont . As a result, the number of states in which the drug can be legally purchased under the laws of the state has grown to eleven (as of August 2020). However, cannabis is still illegal under federal law. Three states ( Arizona , Montana and New Jersey ) will vote on the legalization of marijuana for recreational use at the same time as the presidential election in November 2020.

    On August 28, 2013, the US federal government announced that it would no longer take active action against cannabis crimes if the consumption and possession of small amounts is permitted in the relevant states. The DEA should now only intervene if violence or firearms are involved in the incident. This should primarily affect gangs and cartels . The DEA will also remain active in countries where cannabis is still illegal. In states with legal cannabis, legal restrictions continue to exist with the prohibition of sales to minors, use on the street and taking into other states, the specifics of which vary.

    In 2018, the Northern Mariana Islands became the first US territory to legalize the possession and licensed manufacture of cannabis products for recreational and medicinal purposes.

    See also

    Portal: Hemp  - Overview of Wikipedia content on the topic of hemp

    Web links

    Individual evidence

    1. ↑ § 3 BtMG - single standard .
    2. ↑ That starts well - the new year brings the first official hemp flower recipes . In: Hemp Journal .
    3. ↑ 25th BtM Amendment Ordinance
    4. ↑ BfArM - Cannabis as Medicine. In: bfarm.de. March 10, 2017. Retrieved April 17, 2019 .
    5. ↑ Steffen Geyer, steffen@usualredant.de: decriminalization smoke pot in Viersen - UsualRedAnt .
    6. ↑ THC-COOH value - forms of cannabis consumption - degradation products - driving license withdrawal - FE withdrawal - MPU - idiot test - blood sample - blood test - expert opinion - hair analysis - Daldrup .
    7. ↑ jvv.nrw.de Justice Administration Regulations -Online: Provisional guidelines for the application of Section 31a , Paragraph 1 of the Narcotics Act, definition of small quantities for North Rhine-Westphalia and administrative information
    8. ↑ Rainer Kellers: Six grams: Justice ministers vote for cannabis upper limit . 7th June 2018.
    9. ↑ BVerfG, decision of March 9, 1994, Az. 2 BvL 43/92; 2 BvL 51/92; 2 BvL 63/92; 2 BvL 64/92; 2 BvL 70/92; 2 BvL 80/92; 2 BvR 2031/92; BVerfGE 90, 145 - Cannabis.
    10. ^ BGH, decision of December 20, 1995 , Az. 3 StR 245/95, full text; BGHSt 33, 8.
    11. ↑ BGH, judgment of September 5, 1991 , Az. 4 StR 386/91, full text.
    12. ↑ Police crime statistics (PKS) . Federal Criminal Police Office.
    13. ↑ a b Police crime statistics 2012 - IMK report (PKS Federal Criminal Police Office, 2012). ( PDF ; 5.0 MB) Retrieved September 10, 2017 .
    14. ↑ a b Police crime statistics Federal Republic of Germany yearbook 2014, 62nd edition (PKS Bundeskriminalamt, 2014). ( PDF ; 5.0 MB) Retrieved September 10, 2017 .
    15. ↑ a b Report on the 2016 police crime statistics (PKS Bundeskriminalamt, 2016). ( PDF ; 2.0 MB) Retrieved September 10, 2017 .
    16. ^ BKA - Police crime statistics - PKS 2017 - Yearbook Volume 4 - Individual offenses. Retrieved July 4, 2019 .
    17. ↑ BKA - Police crime statistics - PKS 2018 - Yearbook Volume 4 Individual offenses / groups and selected forms of crime. Retrieved July 4, 2019 .
    18. ↑ BKA - Police crime statistics - PKS 2019 - Yearbook Volume 4 Individual criminal offenses / groups and selected forms of crime. March 24, 2020, accessed May 4, 2020 .
    19. ↑ Therapy with cannabis based on an exceptional permit under the Narcotics Act. Retrieved March 2, 2020 .
    20. ↑ Information for patients: Application for an exception permit in accordance with Section 3 (2) BtMG for the acquisition of cannabis for use as part of medically supervised and accompanied self-therapy (status: March 2013). bfarm.de (PDF).
    21. ^ Judgment of the Federal Administrative Court Az. 3C April 17 , May 19, 2005.
    22. ↑ openJur eV: VG Köln, judgment of January 11, 2011 - Az. 7 K 3889/09. In: openjur.de. Retrieved April 25, 2016 .
    23. ↑ openJur eV: OVG Nordrhein-Westfalen, judgment of June 11, 2014 - Az. 13 A 414/11. In: openjur.de. Retrieved April 25, 2016 .
    24. ↑ Federal Administrative Court | Press release. In: www.bverwg.de. Retrieved April 25, 2016 .
    25. ↑ Federal Administrative Court - press release. In: bverwg.de. April 6, 2016, accessed April 6, 2016 .
    26. ↑ BMG: Cannabis as Medicine. In: www.bmg.bund.de. Retrieved April 25, 2016 .
    27. ↑ Author: In Germany, a patient is allowed to grow cannabis himself for the first time. In: http://www.menschenundrechte.de/ . Retrieved October 1, 2016 .
    28. ↑ Text, amendments and justifications of the law amending narcotics law and other regulations ( BGBl. 2017 I p. 403 )
    29. ↑ BfArM - Press - Tender for the cultivation of cannabis for medical purposes: 79 bidders have submitted offers, the contract will be awarded in the 2nd quarter of 2019. Retrieved March 30, 2019 .
    30. ↑ Götz Hausding: Bundestag approves cannabis medicines for seriously ill patients .
    31. ↑ Seriously ill: Bundestag permits cannabis on prescription .
    32. ↑ bundestag.de Draft of a Cannabis Control Act (CannKG) (accessed on March 22, 2015)
    33. ↑ sueddeutsche.de Kiffen - please only at the age of 18 (accessed on March 22, 2015)
    34. ↑ Cannabis Law of the Greens: Smoking weed, but right . In: Spiegel Online , accessed on March 22, 2015.
    35. ↑ Greens want to treat everyone to three cannabis plants . welt.de, accessed on March 22, 2015.
    36. ↑ Minutes of the 238th session of the German Bundestag, pp. 24365-24377 (accessed on November 14, 2017)
    37. ↑ ris.bka.gv.at : Federal Law on Addictive Poisons, Psychotropic Substances and Drug Precursors (Addictive Substances Act - SMG)
    38. ↑ [1]  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.bfs.admin.ch  
    39. ↑ http://www.sfa-ispa.ch/aktuell/article/cannabiskonsum-und-psychische-beschhaben/
    40. ↑ Federal Office of Public Health FOPH: Low-THC cannabis and CBD. (No longer available online.) Archived from the original on October 7, 2017 ; accessed on November 20, 2017 .
    41. ↑ M5S wants to legalize cannabis - Lega is against it .
    42. ^ Qualifying for Medical Marijuana in Italy .
    43. ↑ https://www.lavocedeltrentino.it/2019/12/26/cassazione-coltivare-cannabis-a-casa-non-e-reato/
    44. ↑ Croatia legalizes medical cannabis .
    45. ↑ Lithuania are cannabis as medicine free . October 24, 2018.
    46. ↑ L'essentiel: Smoking weed on the street will be prohibited .
    47. ^ Saarländischer Rundfunk: Cannabis legalization only in two years . 16th December 2019.
    48. ↑ https://www.sol.de/news/update/News-Update,451037/Legales-Cannabis-in-Luxemburg-Weiter-Kiff-Regeln-sollen-nun-festestand,451057
    49. ↑ Medical cannabis: 120 patients have already been treated . April 18, 2019.
    50. ↑ Malta has officially legalized medical cannabis .
    51. ↑ mdr.de: Cannabis in Eastern Europe - MDR.DE .
    52. ↑ UNODC: Word drug report. 2009, ISBN 978-92-1-148240-9 , p. 168 f. (PDF; English; 9.4 MB) .
    53. ↑ Drug legalization in Portugal - low consumption among schoolchildren - MCNeubert lawblog . Archived from the original on November 13, 2010. Retrieved November 29, 2010.
    54. ↑ a b Bento.de - The travel guide with a difference: Smoke Weed around the world! (March 6, 2016)
    55. ↑ Alexander Müller July 23, 2018 at 12:20 am : The Cannabis Social Clubs at a crossroads? . July 21, 2018.
    56. ^ Radio Prague - Daily News Review - 09-04-2014 19:31 .
    57. ↑ tagesschau.de on January 6, 2010 ( Memento from January 9, 2010 in the Internet Archive )
    58. ^ Deutscher Ärzteverlag GmbH, editorial office of the Deutsches Ärzteblatt: Czech Republic: Cannabis is allowed for medical purposes . January 31, 2013.
    59. ↑ Dr Helga Blasius (hb): Cannabis for medical purposes now also in the UK . October 24, 2018.
    60. ↑ Greece is the European California when it comes to cannabis. February 27, 2019, accessed February 28, 2019 .
    61. ↑ https://hanfjournal.de/2020/02/07/cannabis-ist-in-australiens-hauptstadt-entkriminalisiert-worden/
    62. ^ Associação dos Magistrados Catarinenses: O Judiciário , 1st year, No. 7, November 2006, pp. 1, 8 and 9.
    63. ↑ https://www.timesofisrael.com/government-announces-plan-to-push-cannabis-legalization-reforms/
    64. ↑ https://www.timesofisrael.com/cannabis-legalization-bill-clears-first-hurdle/
    65. ↑ Jamaica to decriminalize personal marijuana possession , June 12, 2014: Al Jazeera website. Retrieved June 14, 2014.
    66. ^ A b Jon Mitchell: The Secret History of Cannabis in Japan . In: The Asia-Pacific Journal: Japan Focus . tape 12 , Issue 49, Number 1, December 5, 2014 ( apjjf.org ).
    67. ↑ 被 改正 法令 一 覧 . In: 日本 法令 索引 (Directory of Laws and Regulations of Japan). National Library of Japan , accessed July 16, 2016 (Japanese).
    68. ↑ 大麻 取締 法 （昭和 二十 三年 七月 十 日 法律 第 百 二十 四号） ( Hemp Control Act ). (No longer available online.) Archived from the original on July 26, 2016 ; Retrieved July 16, 2016 (Japanese, current version of the law).
    69. ↑ The Cannabis Control Law. In: www.japanhemp.org. Retrieved July 16, 2016 .
    70. ↑ This is how legal weed works in Canada. Handelsblatt, October 17, 2018, accessed on October 22, 2018 .
    71. ↑ https://noizz.de/news/libanon-legalisiert-anbau-von-medizinischem-cannabis-als-1-arabisches-land/lprxt0m
    72. Jump up ↑ Drugs - Bill launched to legalize cannabis in Mexico. In: The world . November 7, 2018, accessed October 31, 2019 .
    73. ↑ Mexico sets the rules of legalization in the summer. In: Hemp Magazine. April 28, 2019, accessed October 1, 2019 .
    74. ↑ Cannabis Report: Mexico Postpones Legalization. In: boersennews.de. October 30, 2019, accessed October 31, 2019 .
    75. ↑ https://articles2.marketrealist.com/2020/01/mexico-will-attempt-legalize-marijuana-2020/
    76. ↑ https://mjbizdaily.com/deadline-to-legalize-marijuana-in-mexico-extended-again/
    77. ↑ https://myrepublica.nagariknetwork.com/news/mps-seek-marijuana-legalization/
    78. ↑ https://www.deutschlandfunk.de/volksabstimmung-neuseeland-entscheidet-ueber-legalisierung.1939.de.html?drn:news_id=1126315
    79. ↑ https://taz.de/Neuseeland-verschoben-Parlamentswahl/!5707509/
    80. ↑ That's the turn of the rumor about Kim's stoner paradise. Die Welt from January 12, 2017
    81. ↑ Euronews - Peru wants to legalize marijuana (September 19, 2017)
    82. ↑ Africa: Zimbabwe overrun by cannabis industry . February 28, 2019.
    83. ↑ South Africa legalizes private consumption and cultivation of marijuana - NZZ . 19th September 2018.
    84. ^ Deutschlandfunk - DLF24 Wissensnachrichten .
    85. ↑ Uruguay legalizes the sale and production of cannabis . In: Zeit Online , December 11, 2013. Accessed March 12, 2014.
    86. ↑ Uruguay legalizes marijuana . sueddeutsche.de, December 11, 2013. Retrieved March 12, 2014.
    87. ↑ RP ONLINE: Growing and selling allowed: Uruguay defends cannabis legalization .
    88. ↑ Florian Rister: Uruguay postpones legalization of the cannabis trade . July 10, 2014.
    89. ↑ Uruguay: Legalization goes into the second round .
    90. ↑ Spiegel Online - Fight against drug cartels: Uruguay starts marijuana sales (July 15, 2017)
    91. ↑ FAZ - World premiere: Uruguay starts selling marijuana in pharmacies (July 19, 2017)
    92. ↑ Nevada has decriminalized the possession of cannabis for those over the age of 21, and other non-medical use is a criminal offense
    93. ↑ a b How cannabis legalization prevails in the USA. Neue Zürcher Zeitung, July 11, 2018, accessed on September 19, 2018 .
    94. ↑ The prices are already high. Handelsblatt, January 10, 2014, accessed on September 19, 2018 .
    95. ↑ 31 Legal Medical Marijuana States and DC. Procon.org, September 18, 2018, accessed September 19, 2018 .
    96. ↑ Other US states legalize cannabis. Die Zeit, November 9, 2016, accessed on September 19, 2018 .
    97. ↑ Referendums on marijuana: Legalize it! In: Spiegel Online. November 17, 2012, accessed May 30, 2013 .
    98. ↑ January Bösche: Colorado celebrates the cannabis . Tagesschau.de, January 2, 2013, accessed on January 2, 2014.
    99. ^ Tom Angell: Governor Signs Marijuana Legalization Bill, Making History In US Territory. forbes.com, September 21, 2018