Legislation on the cannabis

This page presents an outline of the legislations on the cannabis .

The marijuana is put outlaw in the majority of the countries of the world during the 20th century: the single Convention on the narcotics of 1961 proscribing the Cannabis in all the countries signatories is unquestionably a repercussion of the Marihuana Tax Act of 1937 to the the United States of America. Nevertheless, the reasons of this criminalisation seem to have been different on both sides from the Atlantique (although the influence of the Prohibition American nists seems determining).

Since the Years 2000, the Canada and several other countries started to distinguish the medical use from the cannabis of the simple possession of cannabis. It is also the case of certain States of the United States, although a recent decision at the federal level contradicts this policy.

The culture, the possession for private use and the distribution are generally regulated. The laws vary nevertheless from one country to another.

In many countries, the police force exerts a discrétionnaire power, warning the users or confiscating the cannabis, even in minor amounts, with uses private or medical.

Australia

The State of southernmost Australia and the territory of the Australian capital ( Capital Australian Territory , territory including the capital, Canberra) dépénalisé the possession of small quantities of Cannabis as well as the culture restricted for personal use; in the remainder of the Australian continent, it seems that the authorities grant only little attention to the holders of cannabis as to those which cultivate it for their own use.

Canada

Since 1997, the Cannabis is governed by the law regulating certain drugs and other substances. According to this law, possession not - authorized, the traffic, the possession in order to make the traffic of it, the production, the import and export are considered to be illegal. The sanctions are different according to the offense. However, the law leaves many being able with the judges who impose the sorrow.

To have made production, the sanction is of a seven years maximum sentence of imprisonment. For the importation, the sanction is a maximum of imprisonment with life. For the possession in the goal of traffic and the traffic, the sanctions are a sorrow of imprisonment to life if the quantity is higher than three kilograms and five years if it is lower than three kilograms. For the simple possession, the sanctions are of a five years maximum of imprisonment if the quantity exceeds thirty grams and of a maximum of thousand dollars of fine or six months in prison for less than thirty grams.

Below 18 years, the offenses are governed by the law on the young contraveners, the sanctions depend on the offenses but they can be measurements of replacement, Community work, fines, setting under guard of different durations and police records.

To have police records can make very difficult or even impossible to leave the country. Moreover, it can penalize the contravener during a selection process of employment. On the other hand, the police records of a minor are normally (according to the case) unobtrusive at the time of the attack of the majority, that is to say 18 years.

A political party working at the provincial level with the Quebec, the Block pot, aims at the legalization of the cannabis.

The United States

With the the United States, the principal law is the Marihuana Tax Act of 1937, which is in fact only the federalisation several other laws voted in various American States the previous years. It may be that this law was an answer to the lobbies of the synthetic fiber manufacturers, which competed with hemp. However, the regulation of marijuana on ordinance is authorized in certain States like the California. These regulations are reserved to the patients reached of Cancer. The Cannabis Clubs are regulated and laid off by the federal authorities, these clubs which have well-established are the only places where the Cannabis is authorized with the sale, consumption can be done on the spot or in residence.

Jamaica

Introduced towards 1860, the Cannabis is interdict in Jamaica since 1913 even if the legislation were largely softened since independence in 1962.

The government actions are limited to operations punch in general on artists of the medium Reggae.

Switzerland

The federal law sets up in penal offenses the consumption of the amazing products and all the operations which relate to them: manufacture, culture, trade, detention. This law dates from the October 3rd 1951 and was applications of on June 1st 1952. It was revised on several occasions.

It however distinguishes the consumption and the infringements made for personal consumption to punish them less severely.

To counter the Black-market and to have a greater control on an increasing consumption of Cannabis, the government had started steps at the beginning of the Années 2000 in order to establish a more tolerant legislation with respect to the cannabis. The Conseil of the States was favorable to a partial legalization (sale with the major people, limited culture, declarations necessary near the authorities, etc) but the National council was opposed twice to the project. The revision of the law was thus definitively pushed back the June 14th 2004 by 102 votes against 92.

In 2004, one counted in the providing country approximately two hundred and forty stores of the products related to cannabis (seeds, equipment the agricultural, accessories for consumption, etc). In extreme cases of legality, some were constrained to close. Relatively tolerant in the Years 1990, the authorities however hardened repression in certain contexts, in particular consumption with the army and in public transport. In practice, repression varies according to the cantons.

European Union

Concerning the seed S, the European Union has its own regulation:

the seeds intended for the sowing of varieties of Chanvre cultivated must justify of a rate of THC lower than 0,2% what is fixed by article 5 (a) of payment (EC) n° 1251/1999.
the seeds of hemp intended for a use other than sowing cannot be mattered that via importers approved by the Member State, which makes it possible to control that they are not intended indeed for sowing.

Germany

In Germany, its simple use is not penalized but the possession, culture etc are an infringement.

However, the federal constitutional Court estimated that the possession of a small quantity of Cannabis exclusively intended for personal and occasional consumption did not deserve a penal sanction since it did not present a danger to the thirds. The ministries for the Justice of the länder were invited to fix in directives the criteria according to which the business would be classified without continuation by the Parquet S. the quantity corresponding to personal consumption belongs to these criteria.

Although this quantity varies between five and thirty grams of cannabis according to the Länder - the Bavaria, for example, is much more strict than the Lower Saxony - the practice of the courts and the parquet floors shows that more 90 % of the procedures initiated for the detention of a quantity of cannabis not exceeding ten grams are abandoned.

Belgium

2003

In Belgium, the law was amended on June 2nd, 2003. This new law, voted on May 16th, 2003, modifies the texts then in force. It clarified certain points, both for the consumer the authority judiciaire.
More arrest nor of statement for the consumers having less than five grams of hashish (resin) but a “anonymous police recording”. A tolerance for the culture limited to a seedling female by consumer. But the whole is supplied with a formal prohibition to do it out of its legal district. Other concepts of prohibition are “the problematic use”, with more social connotation, or consumption in the presence of mineur.
The Minister for Justice in function, Marc Verwilghen (left VLD), not being agreement with this law, fact, the day-even a new ministerial directive, still restricting the new law and creating a legal blur bus not-endorsed by the Public prosecutors.

2005

New directive on the Cannabis, entered in application since the 2005:

Places attended by minors (schools, discotheques, etc): tolerance zero.
Elsewhere:

minors themselves : tolerance zero (thus reinforcement of measurements).
Adult : the “tolerated” quantity is brought back to three grams. The amount will not be confiscated (thus easing preceding measurements).

Denmark

The cannabis falls under the blow from the law from the August 31st 1993 on the euphoriant substances, even if this law does not prohibit consumption explicitly, it prohibits all the other operations of them (sale, delivery, transformation, possession…). Thus, the simple possession at personal ends is punished by a fine being able to be accompanied or to substitute itself by a custodial sentence being able to go up to two years (according to the quantity) and the possession at ends of resale falls under the blow from the Penal code and can reach the ten years of imprisonment if there exist aggravating circumstances (provisioning of minors).

However, Denmark has a “principle of appropriateness of the continuations” according to which the public ministry is never obliged to start the public action, thus, several directives were published aiming at saying that detention should not be continued when it corresponds to the only personal consumption. Thus, in the facts, a quantity of cannabis lower than ten grams is generally supposed to correspond to the personal needs and the contravener then receives only one warning.

The consumption of cannabis is tolerated in the streets of the district hippie of Christiania in Copenhagen.

Spain

The Penal code prohibits manufacture and traffic of amazing products, as well as the culture of plants allowing the manufacture of these products, but it does not prohibit consumption of it. The organic law of 1992 on the protection of the Civil security prohibits the consumption or the detention of cannabis in public places.

This device translates the idea that the consumption of amazing products, even if it constitutes a danger to the user, must be tolerated as a long time as it concerns the private life and does not disturb the law and order. Thus, simple detention related to personal consumption is thus not an penal offense and the judges exclude any sanction in general when the held quantity does not exceed fifty grams.

A modification of the law with take place in 2006. The sale of seed from now on is legalized. The possession or the consumption of cannabis prohibited in the public places but is authorized in the private places. Moreover the culture of plans of cannabis is authorized in a private place. Since the end of the year 1990, the Spanish courts make the difference between consumption between the medical Cannabis and the entertaining cannabis. The medical cannabis has been thus for this period in phase of legalization.

Finland

In Finland the cannabis is prohibited Cependant a patient obtained an authorization of l´ National agency of the drugs of Finland in December 2006 for the use of medical Cannabis.

France

In France, the law prohibits “any presentation under one day favorable” of the amazing substances, which closes the debate and harms the information of the public as much as users. Because of this law, associations seeking to promote the de-penalization (like the Collective of Information and Research Cannabique) place sometimes outlaw.

The Réduction of the risks is recognized by the French law since 2004.

The specificity of the French law leads to an official discourse which can appear enough diverting for the majority of the other European nationals.

In addition to the debate, the French law prohibited the production, detention, the sale and the use of narcotics with more or less severe sanctions according to the act; as example, the simple use can lead to a sorrow going up to one year of imprisonment which can be accompanied or be substituted by a fine going until 3 750 euros; traffic, him, being able to lead to the life imprisonment and 7 500 000 euros of fine. The car-production of cannabis is, in France, considered as such since one has or that one deals regularly with plant, male or female. The incurred maximum sanction is a sorrow of imprisonment which can reach 3 years and until 50 000 euros of fine.

In practice, the marked judgments are seldom also severe and the continuations seldom as systematic as would like it the law. This approximate application of the law, which is in function so much individuals (judge and defendant) that geographical locations (larger tolerance downtown), regularly poses the problem of the revision of this law.

It is also this same law which guarantees the anonymity and the exemption from payment of the care for the users eager to look after themselves.

Since January 23rd, 2003, the law Marilou dedicated to Marilou, little girl a nine year old killed in an accident blaming a driver which had consumed cannabis, by Dominique Perben, as for alcohol, it envisages:

of random controls or on the basis of suspicion
obligatory test in the event of personal injury \ mortals
2 years of prison and 4500 € of fine
3 years and 9000 € in the event of office plurality with alcohol

Since the Law of 2007 on the repetition or Law Dati, of the sorrows floor are applicable to the recidivists. In practice, the purchase of 2 grams Cannabis for its personal consumption, by a person considered by the law as recidivist leads thus to a sorrow firm floor four year old.

Great Britain

In Great Britain, the Cannabis is declared illegal in 1928, after the England had ratified the International convention of opium adopted with Geneva in 1925.

In 2001, the secretariat of State recommends a declassification of the cannabis of Drogue of class B in Drogue of class C, thus even if the possession remains always an penal offense, the maximum sentence for possession and personal use was reduced by five to two years of reclusion. Moreover, the chiefs of the services of police force recommend the arrests only in certain precise cases such as smoking as a public or in the presence of minors. Minors being always apprehended in order to be reorientated on an adequate structure. To note that the modification of the law did not have any effect on the use of cannabis in the United Kingdom, regular consumption dropped by 0,5 percent in 2005. Matthew Atha, director of the Mission independent of monitoring on the narcotics which undertook this study indicates that “According to our first indications, the modification of the law basically was of no effect on the levels of consumption of cannabis”.

Netherlands

With the Netherlands, the use and the resale of Cannabis are authorized but not legalized; it can be bought in the Coffee shop S , of the stores having a special license for this trade.

The law does not prohibit consumption and if consumption in the private places is tolerated, that in the public places is subjected to a more strict regulation: no the disorder with the law and order, not of consumption in the presence of minors (public schools, transport). Moreover, the mayors can take decrees prohibiting the consumption of products amazing in the street.

It is false to think that the police force is not repressive on this subject in the Netherlands, even if it exists a tolerance up to five grams.

Concerning the culture and to five seedlings, she is considered as well as personal consumption. Beyond, the fine is of twenty-five euros per foot.

Portugal

The law n° 30/2000 of the November 29th 2000 dépénalisé the consumption of amazing products. It has also depenalized their acquisition and their detention when those are related to personal consumption (but only insofar as the held quantity the needs of a person during ten days), these infringements are from now on field of the administrative infringement and either of the penal one.

Indeed, this law aims more at looking after the drug addicts that to punish them. The administrative sanctions thus aim especially the consumers not drug addicts, but who are already driven. The sanction consists in theory of a fine. For the consumers of Cannabis, it is included/understood between twenty-five and a hundred and fifty euros.

For the culture, the law differs according to the width from the culture from thirty day-amends in the event of culture at personal ends at twelve years of prison in the event of culture for the resale.

Cannabis
Haschich

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