Legal issues of cannabis
Encyclopedia
The legality of cannabis has been the subject of debate and controversy for decades. Cannabis
is illegal to consume, use, possess, cultivate, transfer or trade in most countries. Since the beginning of widespread cannabis prohibition around the mid 20th century, most countries have not re-legalized it for personal use, although more than 10 countries tolerate (or have decriminalized) its use and/or its cultivation in limited quantities. Medicinal use of cannabis
is also legal in a number of countries, including Belgium
, the Netherlands
, Czech Republic
, Israel
and 16 states
of the United States
.
in certain places where there is just not enough police, judges or prisons to enforce the law to the letter. Some countries have laws that are not as vigorously prosecuted as others, but other than the countries that offer access to medical marijuana, the majority of countries have various penalties ranging from lenient to barbaric, and everything in between, some infractions are definitely taken more seriously in some countries than others when it comes to regarding the cultivation, use, possession, or transfer of cannabis
for recreational use. A few jurisdictions have lessened the penalties for possession of small quantities of cannabis, so that it is punished by confiscation
and a fine, rather than imprisonment
. Punishment focuses more on those who traffic and sell the drug on the black market. Some jurisdictions/drug court
s use mandatory treatment programs for young or frequent users, with freedom from "narcotic" drugs as the goal. A few jurisdictions permit cannabis use for medicinal purposes. There are also changes in a more restrictive direction as in Canada
or the United Kingdom
. Drug test
s to detect cannabis are increasingly common in many countries, and have resulted in jail sentences and people being fired from their jobs. However, simple possession can carry long jail sentences in some countries, particularly in East Asia
, where the sale of cannabis may lead to a sentence of life in prison or even execution.
Under the name cannabis, 19th century medical practitioners sold the drug (usually as a tincture), popularizing the word amongst English-speakers. It was rumored that Queen Victoria
's menstrual pains were treated with cannabis; her personal physician, Sir John Russell Reynolds, wrote an article in the first edition of the medical journal The Lancet
about the benefits of cannabis. In 1894, the Report of the Indian Hemp Drugs Commission
commissioned by the UK Secretary of State and the government of India, was instrumental in the decision not to criminalize the drug in those countries. From 1860 different states in the United States
started to implement regulations for sales of Cannabis sativa. In 1925 a change of the International Opium Convention
banned exportation of Indian hemp to countries that have prohibited its use. Importing countries were required to issue certificates approving the importation and stating that the shipment was to be used "exclusively for medical or scientific purposes".
In 1937 the F.D. Roosevelt administration crafted the 1937 Marihuana Tax Act, the first US national law making cannabis possession illegal via an unpayable tax on the drug.
The name marijuana (Mexican Spanish
marihuana, mariguana) is associated almost exclusively with the plant's psychoactive use. The term is now well known in English largely due to the efforts of American drug prohibitionists during the 1920s and 1930s. Mexico itself had passed prohibition in 1925, following the International Opium Convention. The prohibitionists deliberately used a Mexican
name for cannabis in order to turn the US populace against the idea that it should be legal by playing to negative attitudes towards that nationality. (See 1937 Marihuana Tax Act). Those who demonized the drug by calling it marihuana omitted the fact that the "deadly marihuana" was identical to Cannabis sativa, which had at the time a reputation for pharmaceutical safety. However, due to variations in the potency of the preparations, Cannabis indica in the 1930s had lost most of its former popularity as a medical drug.
Some advocate legalization of cannabis, believing that it will reduce illegal trade & associated crime and yield a valuable tax-source. Cannabis is now available as a palliative agent, in Canada, with a medical prescription. In 1969, only 16% percent of voters in the USA supported legalization, according to a poll by Gallup. According to the same source, that number had risen to 36% by 2005. More recent polling indicates that the number has risen even further since the financial crisis of 2007-2009: in 2009, between 46% and 56% of US voters would support legalization. In Europe has the development turned in the opposite direction in Netherlands where the last few years certain strains of cannabis
with higher concentrations of THC
and drug tourism
have challenged the former policy with legal sales of cannabis and led to more restrictive approach; e.g. ban of all sales of cannabis to tourists in coffee shop
s from the end of 2011 onward.
As cannabis and its cultivation are illegal in most parts of the world, considerable resources and effort are committed to both interdiction and counter-interdiction of cultivation. Thermal imaging helicopters (to detect hot lighting), inspection of trash (to find evidence of cultivation including waste plant matter), examination of credit card purchases (to find purchases from hydroponic equipment vendors), and analysis of energy bills (to detect energy usage patterns of marijuana growers), have been used in prosecutions. In the US, thermal imaging cameras are considered to violate civil liberties embedded in the United States Constitution. This has resulted in significant changes to growing trends and availability.
, but penalties differ for each state or territory. In the Australian Capital Territory
, South Australia
, Western Australia
and the Northern Territory
there are differing degrees of decriminalization for minor offenses. In New South Wales
, Victoria
, Tasmania
and Queensland
the possession of cannabis is considered a criminal offense.
In the ACT a civil penalty system for possession of small amounts of cannabis was introduced in 1993. Possession of up to 25g or two non-hydroponic plants attracts a fine of AUD$100 to be paid within 60 days. Offenders can choose to attend the Alcohol and Drug Program. In South Australia possession of small quantities of cannabis is decriminalized attracting fines similar to a parking ticket. However, penalties for cultivation of marijuana have become harsher since the widespread advent of large scale cultivation. There is much confusion on the subject, with many people believing that possession of a certain amount is legal. In Western Australia, possession of up to 30 grams, two non-hydro plants, or smoking equipment attracts a fine of up to AUD$200, with an option to attend a cannabis education session. Any amount exceeding this is dealt within the criminal court. The Northern Territory has a similar civil penalty to system to Western Australia.
In New South Wales, Queensland, Victoria and Tasmania first-time offences for possession and use of small amounts of cannabis or cannabis products (e.g. cannabis oil or resin) can be dealt with by diversion programs, which aim to divert offenders into education, assessment and treatment programs. In New South Wales if you are caught with up to 15g of cannabis, at the police's discretion, up to two cautions can be issued. In Tasmania up to three cautions can be issued for possession of up to 50g of cannabis, with a hierarchy of referrals for treatment then intervention for each caution. Similarly in Victoria up to 50g of cannabis will attract a caution and the opportunity to attend an education program; only two cautions will be dealt out. In Queensland possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years, however, jail terms for minor possessions are very rare. Possession of smoking utensils or anything used to smoke cannabis is also a criminal offense in Queensland. However, under the Police Powers and Responsibilities Act 2000 a person who admits to carrying not more than 50 grams (and is not committing any other offence) must be offered a drug diversion program.
With the rapid expansion in hydroponic cannabis cultivation, the Australian Drug Misuse and Trafficking Act (1985) was amended in 2006, reducing the amount of cannabis grown indoors under hydroponic conditions that qualifies as a 'commercial quantity' or as a 'large quantity'.
region, which is currently split between Bangladesh
and the India
n state of West Bengal
. In both parts of Bengal, cannabis (Bengali
: গাঁজা gãja) has been widely used for centuries. Cannabis was banned in Northern Bangladesh in 1984.
Other than cultivating a female cannabis plant, there is no legal way of obtaining cannabis.
In October 2007, Prime Minister Harper announced a new National Anti-Drug Strategy. A proposed Bill would have dealers facing one-year mandatory prison sentences if they’re operating for organized crime purposes, or if violence is involved. Dealers would also face a two-year mandatory jail sentence if they’re selling to youth, or dealing drugs near a school or an area normally frequented by youth. Additionally, people in Canada who run a large marijuana grow operation of at least 500 plants would risk facing a mandatory two-year jail term. Maximum penalties for producing cannabis would increase from 7 to 14 years.
Perhaps the biggest proposed policy change is mandatory six-month sentencing for those growing as little as one marijuana plant for the purposes of trafficking. If the Bill passes, this is certain to be felt by small-time distributors who are not linked to the ring of organized crime, and who usually face no more than a fine if caught.
The Conservative Party now holds a majority government, with the NDP (New Democratic Party) as the official opposition. Previous attempts by past Liberal Governments in the late 1990s and early 2000s to decriminalize marijuana for personal use have failed to become law.
, in spite of it being illegal. Police officers might not arrest someone unless the amount carried is seemingly for distribution or selling. Much of it is grown in the rain forest reserves, as no person can be prosecuted for that, but more potent strains are grown hydroponically in small grow-ops in San José. There is a small percentage coming from Jamaica
, but the most popular kind is grown locally. Laura Chinchilla, the president of Costa Rica (2010–2014) stated -"It must be approached very rigorously based on empiric evidence and the experiences other countries have had when boarding widely the concept of legalization [...]" after a meeting with José Miguel Insulza
, Secretary General of the Organization of American States
, regarding the fight against hard drug smuggling from Colombia
to the USA.
. The law did not distinguish between different types of drugs. Until the Velvet Revolution
(1989) narcotics were only a minor problem in Czech society. A law from 1992 stopped criminalization of drug possession for personal use. This changed in 1998, "possession of more than a small amount of drugs" (the amount was not defined) became a criminal offence again. The limits were defined later through internal research by Czech law enforcers making the possession of under 15 grams not a crime. The owner could be fined. Consumption was not punishable. Enforcement of the law was spotty and sometimes inconsistent.
The Czech cabinet approved a Justice Ministry proposal in early 2010 that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. Under the new law, possession of more than the following amounts of illicit drugs is a misdemeanor:
Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences. The Czech Republic now joins Portugal
as a European country that has decriminalized drug possession
Young people are the most frequent users of marijuana: a poll from 2007 estimated that almost 30% of Czechs under 24 had tried it. In 2007 the Supreme Court of the Czech Republic
ruled that mere cultivation of hemp should not be punishable unless production of the drug is proven; an officer from the Czech anti-drug unit was quoted saying that "this decision is irrelevant to our work." As of 2007 several initiatives towards either decriminalization of marijuana or creating a more tolerated category of soft drugs."
Denmark's capital, Copenhagen
is home to a self-proclaimed autonomous neighborhood called Christiania
, where cannabis and hashish are both sold openly. In a display of Denmark’s tolerance, this sale, which has fueled an alternative, freewheeling, culture in Christiania, was allowed largely unhindered until 2004, when sanctions were imposed to moderate it. Since 2004, a number of raids led by Danish authorities have led to unrest and tension between Christiania's residents and the Danish government.
In recent years, Copenhagen Municipality
has been in favor of legalizing cannabis via state-run coffee-shops, in order to take over the control of the substance which is currently mostly supplied by criminal gangs. The proposal could make the city the first to fully legalise marijuana consumption, but it still has to be approved by the Folketing
.
- which resulted in cannabinoid products becoming illegal.
In practice, possession or manufacture of cannabis products is considered to be a minor misdemeanor punishable by a minor fine (normally in the range of 60-500 euros). A supreme court decision of 2004 set up a "half a dozen" precedent: Cultivation of up to 6 plants for personal use is subject to the same penalties as personal use. The same applies to distribution and use within a "closed circle of users".
However, open distribution is generally punished very severely.
Aside from criminal penalties, users are often persecuted by welfare authorities on the pretext of child welfare (if the user has offspring); withdrawal of driving license is also commonplace.
In 2010 police first time used the law passed in 2006, which makes selling equipment for creating or growing drugs illegal. This resulted in closing of a gardening store Viherpeukku and 200 home searches through the customer register. The owners of Viherpeukku were charged for selling gardening equipment with knowledge, that they could be used in home growing of Cannabis. Some controversy rose from the home searches due many of them being done into legal chili farmers houses. Those charges were later dropped by the supreme court. The court saw that although the owners might have known that some of the fertilizers may have been used for cultivation of cannabis, they are not directly aiming at that market.
the law prohibits "any presentation in a favorable light" of narcotic substances. Because of this law, organizations seeking to promote the decriminalization (as the collective information and research cannabis) are often put off-the-law and therefore risk severe penalties for incitement to drug use. In addition, a public body, MILDT (Interministerial Mission for the fight against drugs and addiction) informs extensively (website, brochures, etc..) On the hard drugs, placing cannabis in the midst of them, the compared to drugs such as cocaine or LSD.
Harm reduction is recognized by French law since 2004.
The law allows the movement of hemp (cannabis seeds) and their trade between the Member States of the European Free Trade Area (EU + Norway, Switzerland and Iceland).
Individuals can use hemp legal (with a certificate of compliance) for personal use only; their production, use and cultivation for commercial or professional activity is subject to authorization. These varieties are in fact non-psychoactive hemp. Individuals are required to retain certificates of conformity provided for sale of hemp or, failing that, the package that lists the references, in order to prove that the variety planted or owned is allowed. These varieties of cannabis on the list issued by the European Union, must be a decree that requires their permission.
All imports from countries not members of the European zone of free exchange can be performed by an importer licensed by the European Union.
The specificity of the French law led to a formal speech that can seem quite confusing to most other European nationals.
Besides the debate, French law bans the production, possession, sale, purchase and use of drugs, with penalties more or less severe depending on the act.
Traffic, that is to say, the possession, transport, supply, transfer or acquisition of narcotic, is punished with imprisonment for a term exceeding ten years or a fine up to 7.5 million euros
The simple use is normally punished by a maximum sentence of one year imprisonment or a fine of up to 3 750 euros. However, it should be noted that the consumer can simply be treated as a trafficker and therefore be liable to the same penalties. Indeed, cannabis necessarily implies to hold, and thus to buy or to produce, leaving free the judge to penalize the user on the basis of the Code of Public Health (use ) or the Penal Code (possession / trafficking / production). Specifically, the judge's decision will depend mainly seizures, history of the accused, etc..
As for production, even for personal use, it is punishable by a maximum sentence of twenty years'imprisonment or a fine of up to 7.5 million euros.
the person is in and the potential amount of THC. The person caught will have the cannabis confiscated. Until 2002 one could have one's driver's license taken away because of cannabis possession, even if driving a car was not involved. This still happens today. Use of cannabis is not illegal in Germany.
Law enforcement in the city of Berlin
and many other major cities currently places a very low priority on enforcement of cannabis laws; many people smoke openly in parks and bars throughout the central city.
(US$265) to 25,000 Lps.
(US$1,323). It is also illegal to own cannabis seeds. Traffickers can face 15 to 20 years in prison and a fine of 1,000,000 Lps. to 5,000,000 Lps.
, and is punishable under The Dangerous Drug Ordinance (Chapter 134 of the Law of Hong Kong), which contains the following key points:
It should be noted that mainland China
has a different legal system from Hong Kong. In mainland China, the use of cannabis is punishable by death. In Hong Kong, the death penalty has been abolished for all crimes.
(Sanskrit
ganjika) or bhang
(when made into a drink) is common throughout India
. Sadhu
s openly smoke ganja and there are government licensed bhang shops in some regions. Furthermore, on the festival of Holi
, cannabis is widely consumed in the open in its numerous forms. Charas
, bhang
and ganja
(with seeds in it) are by far the most common forms of the drug in India; it is widely available and bhang
& ganja
are relatively inexpensive.Charas
on the other hand is quiet expensive and not available all over the country. In Hinduism there are many elaborate spiritual practices that involve cannabis.
, cannabis resin
, cannabis
and its derivatives as Schedule 1 drugs under the Misuse of Drugs Acts of 1977 and 1984
. As a consequence manufacture, production, preparation, sale, supply, distribution and possession of cannabis is unlawful for any purpose, except under license from the Minister for Health
.
The gardaí (Irish police) have a level of discretion when dealing with recreational cannabis users. To procure a conviction any cannabis seized has to be sent for analysis to the Garda Forensic Science Laboratory. This, along with the time needed to process the arrest, means that individual gardaí may decide not to arrest for small amounts,
Gardaí cannot arrest for simple possession if they are satisfied with the name and address of the offender. If there are enough drugs for sale or supply then Gardaí can arrest but the drug will be seized and the name and address of the individual will be taken. Possession of cannabis is an arrestable offense and, in 2003, 53 per cent of all drug confiscations and 70 per cent of all drug-related prosecutions were for cannabis. Trafficking or possession with intent to supply are serious offenses under Irish law
.
Upon being brought to court, the penalties for possession are outlined as follows:
There is no law against possession or sale of cannabis seeds. However, the growing of cannabis, even for medicinal benefits by genuine sufferers, is often treated harshly by the courts.
Various movements have been founded to legalize the drug, including an attempt at starting a cannabis legalization political party. Current Dáil
member Luke Flanagan
the former mayor of Roscommon
is known for his long running campaign to legalise cannabis.
of smoking using marijuana paraphernalia is accepted by main stream society.
A medical marijuana program is existent; however patients must meet certain prerequisites. The categories include patients suffering from nausea induced by chemotherapy or those in the later stages of HIV. Trials have been conducted by the IDF for soldiers experiencing Posttraumatic stress disorder.
: within those limits it is considered an administrative
offense, over them it is regarded as pushing
, punished with 1–6 years of imprisonment
for small amounts and 6–20 years for big amounts or cultivation. However, jurisprudence
is contradictory concerning growing for personal use. Medical use of substances prepared with marijuana are legal, if provided by medical prescription.
In July 2008, however, the Italian Supreme Court
ruled that Rastafari may be allowed to possess greater amounts of cannabis legally, owing to its use by them as a sacrament.
, is punishable by jail sentence for up to 5 years and/or a fine of up to 30,000,000 yen (USD 344 790). Moreover, the defendant has to stay in police custody for at least a few weeks until a court decision is made.
passed a bill decriminalizing possession of small amounts of drugs intended for recreational use (up to 5g for marijuana). The new bill was hoped to relieve cartel-related crime as well as reduce drug-related arrests. A possibly unintended consequence
would have been increased tourism. The move caused many in the US government to question Mexico's commitment to the "War on Drugs". However, President Fox sent the legislation back, asking that the decriminalization be removed. This action showed the U.S. government's influence over the Mexican Government's decisions, sparking broad controversy over the bill. On October 14, 2008 a bill was proposed in Mexico City's Congress to legalize the consumption, possession and commerce of Marijuana. The bill states that only a person over 18 can have access to the drug, the places where marijuana is sold cannot also sell alcoholic drinks, and must be at least 1000 meters away from schools. The Government would issue special licenses for the distribution of marijuana in special places, similar to the legislation in the Netherlands.
On August 21, 2009, Mexico decriminalized "personal use" possession of up to 5 grams of marijuana, half a gram of cocaine, 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams of LSD.
By 2009, 27 coffee shops selling cannabis in Rotterdam
, Netherlands
, all within 250 meters from schools must close down. This is nearly half of the coffeeshops that currently operate within its municipality. This is due to a new policy of city mayor Ivo Opstelten and the town council as a result of increased use of soft drugs among pupils.
Although outdoor use is prohibited this is also "tolerated" in most places.
Since January 2006 certain areas in the district "De Baarsjes" in Amsterdam
have been declared official cannabis-free zones because of nuisance to inhabitants of the areas.
A special road sign was chosen out of 3 designs by Hans Bos to designate the areas.
This sign is not a recognized traffic sign however as it is not used outside of Amsterdam. For a while the municipality of Amsterdam sold the signs in an effort to curtail theft of traffic sign.
Higher concentrations of THC
and drug tourism
have challenged the current policy and led to a re-examination of the current approach; e.g. ban of all sales of cannabis to tourists in coffee shop
s from end of 2011 was proposed but currently only the border city of Maastricht has adopted the measure in order to test out its feasibility. In May 2011 decided the government that, starting in 2012, each coffee shop must operate like a private club with some 1,000 to 1,500 members. In order to qualify for a membership card, applicants have to be adult Dutch resident, membership will only to be allowed in one club.
, of which the penalty for dealing can result in a maximum prison sentence of 8 years under the New Zealand Misuse of Drugs Act 1975. There have been many public campaigns to decriminalise cannabis but so far none have succeeded.
The law is widely enforced and the chances that you get away with even small amounts (<1 gr) are extremely low.
There have recently been some political discussion whether or not to decriminalize marijuana, but so far (as of September 2011), only two political parties, the youth rally of the party Venstre (a liberal party) (the party itself states decriminalization) and The Greens state legalization or decriminalization as a goal. The political parties themselves are often internally split on this matter.
punished with imprisonment up to 3 years, or up to 8 years if the quantity in possession is considered 'large'
upon current law. No specific measurements are given to determine if an amount is to be considered 'small' or
'large'. Cultivation is also illegal and is threatened with up to 3 years of imprisonment and up to 8 years if
considered 'large'.
On 1.April 2011, the Polish parliament passed an amendment to the 2005 'Ustawa o przeciwdziałaniu narkomanii'
("Drug-dependence Counteract Law") to create a possibility of dropping prosecution for possession of small amounts
of drugs for personal use. The law introduces the possibility when a person caught possesses negligible amounts of
drugs for personal use only and the 'social harmfulness' of the case is considered to be low (i.e.-negligible).
Nonetheless the "small amounts" are still undetermined and a temporary detention by the police continues to apply
in virtually every case.
At the same time the reformed law raised the maximum applicable penalties for possession of large amounts of
controlled substances (including cannabis) from 8 to 10 years of imprisonment and from 10 to 12 years for trafficking
of large amounts of controlled substances, among other related crimes. This implies hardening the law without
eliminating the ambiguous terms 'small amounts'/'large amounts'.
These amendments enter into legal force on 8.December 2011.
s" or "grow shops" in Portugal, they, too, are forbidden to market cannabis seeds. At the same time, the number of grow shops has increased over the past few years, which seems to indicate that cultivation for personal use (in Portuguese: auto-cultivo) is becoming a more common practice. The 2006 Global Marijuana March
was celebrated for the first time in Lisbon and in 2007 both Lisbon and Porto celebrated it.
is a leader in hemp fiber, second only to China. However, possession of any quantity is punishable by law. Marijuana is considered high risk drug.
Law no. 143/2000 on combating illicit drug trafficking and use.
Chapter II sanctioning illicit trafficking and other operations with controlled substances national
Article 4. Cultivation, production, manufacture, testing, extraction, preparation, processing, purchase or possession of drugs for personal use, without law, shall be punished with imprisonment for 2-5 years. Decriminalization is proposed, but it doesn't have any political support (only 2 politicians are public known to be pro-decriminalization
). The media is totally against any kind of pro-marijuana manifestations and therefore has a big impact on the population, as most of the mid-age and elderly people cannot distinguish between soft and hard drugs
. The possession of seeds is not banned by law (it is not illegal, but neither legal), but if caught possessing seeds, they are usually confiscated without any other consequence.
Hashish
is considered a high-risk drug, therefore even the possession of very small quantities is usually punished with jail time.
Consumption is not criminalized, punishable, or technically subject to fining. However, "intoxicated in public" fines (approximately $10) can be and are applied to those visibly under influence in public places. Note that, for intoxication in public fines to be applied, the offending substance does not have to be identified (or illegal, for that matter), and the fine is applied for being in a state of influence that is a potential or actual public nuisance, not for the fact of consumption.
One can be denounced for doing so by neighbors or ill-wishers, and the burden is then effectively on the user or grower to prove that the material is for personal use only.
In recent years a number of members' associations have been established throughout the country in an attempt to extend the boundary of the Spanish citizen's constitutional rights. In an association cannabis is grown and shared among the members. The association may not promote or be seen to encourage the use of cannabis and it must be a closed group for existing adult consumers only, distributing only small amounts regularly to each member (typically 10 grams per week) so as to prevent the possibility of trafficking. As well as a membership fee, members must pay for what they consume and prices may not be much different than on the black market.
Where the associations have come under legal challenge they have been able to surmount this, and in at least one case have secured the return of several kilos of confiscated plants. The umbrella group for cannabis associations in Spain is the Federación de Asociaciones Cannábicas: http://www.fac.cc/ and Politic Group:RCN-NOK Representacion Cannabica de Navarra: http://www.rcnavarra.org/
, which is seen as a way to prove consumption. Minor offenses, such as simple consumption generally renders a 30 day-fine
(a day-fine is currently between 50 to 1000 SEK
, largely depending on income) while possession and even occasional cultivation of plants for personal use attracts higher fines (up to 150 day-fines) as long as they are under the threshold for minor drug offenses, namely 50 grams (1.8 oz). For the purchase, smuggling and possession of larger amounts, organized cultivation or sale, the punishments range from 6 months to 10 years imprisonment. The combined sentence can be even longer, for example when a series of crimes are added up into one sentence. Depending on the circumstances 14 or 18 years is the maximum penalty before limitation rules set in.
Every time reasonable suspicion arises, the police are obliged to intervene under a zero tolerance strategy even though mere police intuition is legally insufficient. The expressed aim of government is the creation of a "drug-free society" and the police are to give high priority towards drug crimes. However, as a condition of largely being a victimless crime, the police's own efforts are essential to apprehend cannabis offenders. That is, as opposed to many other crimes where a victim will report it to the police, they must apprehend the drug users and more advanced criminals for themselves. Influenced by the practices in the US, all police officers in external duty are to receive training to become Drug Recognition Expert
s (DRE) to better detect persons under the influence of drugs. Something that have led to increasing numbers of apprehended drug users. The traffic police especially, have integrated DRE-practices to test suspected drivers into their every day routine. Subject to the law concerning driving under influence
, driving while having mere traces of cannabis in the body is strictly forbidden under a zero tolerance
regime.
Ungerminated cannabis seeds are not legally classified as cannabis and mere possession of seeds is not illegal per se.
With the exemption of Khat
, Cannabis has the least penal value per effective dose and subsequently the least priority among drugs offenses. Albeit with the general exemption for drug offences among juveniles, which instead is of special priority regardless of what drugs are involved. When juveniles are apprehended, the police is obliged to report the young user to the municipal social care
. Although the charges often are dropped
in consideration of their youth, the social service may then take various measures ranging from just talking to the adolescent and its parents to placing the delinquent in forced treatment
for substance abuse.
. The production and sale of illegal narcotics is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.
The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people are believed to use cannabis regularly or occasionally. In a health poll conducted in 1997, 7% of people aged 15 to 39 stated that they were currently consuming cannabis. Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis, yielding more than 100 tons of cannabis per year. The product is sold mostly on the street and (in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics, are the target of irregular police crackdowns in some cities, while in others they are tolerated to some degree. Overall, enforcement varies substantially depending on the canton. Some tolerate limited public consumption while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.
Persons carrying less than 12.5 grams of cannabis are required to attend rehab once a week and are subjected to mandatory drug screenings for a six month period if it is a first time offense. If it is not, the punishment is one year of prison. Drug trafficking is punished with long term imprisonment.
19 AD. Earliest dated records of cannabis pollen in the United Kingdom. After this date cannabis is used legally by thousands (if not millions) of people.
In 1928: Cannabis became illegal in the United Kingdom as a class B drug.
In 2004, cannabis was downgraded to a class C
substance. Consequentially there was a "significant fall in its use" and a "50 per cent rise in the number of people" seeking "medical treatment after using the drug".
In 2008, the government commissioned a study into the effects of downgrading cannabis from a class B
to a class C
.
On May 7, 2008: Against the advice of the government's own commissioned report, the Home Secretary
, Jacqui Smith
, announced the government’s intention to once again reclassify cannabis as a class B
drug.
Then-prime minister Gordon Brown
announced that the government would set aside the findings of the committee.
On 26 January 2009: Cannabis was reclassified as a Class B
substance.
In November 2009: Professor David Nutt was asked to resign from his position as chairman of the Government's Advisory Council on the Misuse of Drugs
by the then Home Secretary
(Alan Johnson
), after publishing in a professional journal figures which indicated that cannabis was less harmful than both alcohol and tobacco. Several other members of the Advisory Council resigned in protest.
Afterwards, discussions were being focused towards imposing a new 'code of conduct'; in order to avoid any similar action in future, rather than of the issue at hand (that being the legality of the plant cannabis itself) also this is not under Common law offences
, the basis for Statutory law
in the UK. .
On 17 August 2010: Professor Sir Ian Gilmore
criticised prohibition, revitalising the topic in hand.
On 14 September 2010: Professor Roger Pertwee suggests that "policymakers should consider the setting up of a committee to license the sale of recreational cannabis."
On 18 September 2010: "Tim Hollis, chairman of the Association of Chief Police Officers’ drugs committee" says that he "does not want to criminalise people caught with minor amounts of substances such as cannabis."
On 20 September 2010: "Ewan Hoyle, founder of Liberal Democrats for Drug Policy Reform, says [that his] party should support [the] legalisation [of cannabis]".
On 3 October 2010: Presenter Evan Davis compared “having a spliff” with potentially risky activities (like skiing), whilst interviewing Lord Young
.
On 11 October 2010: Welsh actor and musician, Rhys Ifans
"calls for cannabis decriminalisation" or legalisation within the United Kingdom.
On the same day: An editorial in the British Medical Journal
, written by Professor Robin Room, suggested "that the sale of cannabis should be licensed like cigarettes because banning it had not worked".
On 1 November 2010: Professor David Nutt publishes a paper which classes alcohol as being more dangerous than cannabis or heroin under a new 'points system'.
On 7 November 2010: Lord Taverne asked at question time in the House of Lords: "If the Government believes in evidence-based policy, is it not obvious in light of this [David Nutt's] report and many other reports that make similar conclusions that the present classification of Ecstasy in class A and cannabis in class B is not in any way based on evidence of the physical or the social impact?
On 10 November 2010: Cartrain
manages to smuggle in and light up a joint
in the House of Commons, shouting "decriminalise cannabis" whilst being hauled out by the police.
On 16 December 2010, Bob Ainsworth
, the former minister and Home Office
Parliamentary Under-Secretary
with responsibility for Drugs and Organised Crime explained why he thinks certain illicit substances should be legalised.
On the same day: Peter Lilley
, the former Tory deputy leader, said that he favoured legalising cannabis, while continuing the ban on hard drugs.
On 27 December 2010: Liam Smith labels Bob Ainsworth
a "coward" for refusing to act when he had the power to do so. In defence Bob Ainsworth says: “If I had put forward the views that I was slowly developing as a minister then, I would have had to resign."
On 9 March 2011: The House of Lords
"heard calls for the establishment of a royal commission to examine decriminalising drug use."
On 21 March 2011: "[The] War on drugs has failed, say former heads of MI5
, CPS
and [the] BBC
", who have helped create (with several Lords and MPs) "a new All-Party Parliamentary Group on Drug Policy Reform [that] are calling for new policies to be drawn up on the basis of scientific evidence."
On 2 June 2011: "Several high profile figures" "signed an open letter urging Prime Minister David Cameron to consider decriminalising drugs." (including Judi Dench, Sir Richard Branson, Sting, an ex-drugs minister and three former chief constables.)
On 14 June 2011: "A senior policeman in Brighton and Hove" said that "the government should consider decriminalising personal drug use." and "Brighton Pavilion MP Caroline Lucas said the “war on drugs has failed”."
On 29 June 2011: "During Prime Minister’s questions", "Liberal Democrat MP Julian Huppert
asked:" "Does the Prime Minister believe that drugs policy has been failing for decades, as he said in 2005, and does he agree that the Government should initiate a discussion of alternative ways including the possibility of legalisation regulation to tackle the global drugs dilemma as he voted for in 2002."
On 21 July 2011: Former MP, Evan Harris
, "said that every scientific advisor had agreed it was a good idea to declassify cannabis from category B to C. But because of a story in the Mail on Sunday, the Labour government broke the law."
On 27 July 2011: Liberal Democrat MP Julian Huppert
wrote "Britain's drug policy has failed" and "It's time for a radical overhaul"; affirming his belief(s).
Cannabis is classified as a Schedule I drug under the federal Controlled Substances Act of 1970
and is deemed to have a high potential for abuse and no legitimate medical uses. As such, it prohibits the possession, usage, purchase, sale, and/or cultivation of marijuana.
The federal common law has interpreted the numerous state laws on multiple occasions. The United States Supreme Court ruled in United States v. Oakland Cannabis Buyers' Coop and Gonzales v. Raich
that the federal government has the authority to regulate and criminalize cultivation and distribution of cannabis under the interstate commerce clause, as even purely intrastate sales will affect the market price in other states by altering nationwide supply and demand
patterns.
Despite the fact that alcohol causes more fatalities than cannabis, the use of cannabis remains illegal in the United States. Currently there are only 16 states that have legalized medical marijuana which include: Alaska, Arizona, Arkansas, California, Colorado, DC, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
, by means of popular initiative
. It allows patients with a valid doctor's recommendation, and the patient's designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. It was the first such law in the nation, and was followed by similar laws in Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
California state common law
has interpreted the initiative on multiple occasions. In 2007 the courts upheld a decision of a trial court in City of Garden Grove v. Superior Court to "[order] the Garden Grove Police Department to give [Felix Kha] back his marijuana" because "it is not the job of local police to enforce the federal drug law". In 2010 the California Supreme Court struck down limits on how much marijuana people could grow or possess in People v. Kelly, saying it's OK for people with doctors' permission to grow or possess "reasonable amounts".
In California there are designated shops for people who are permitted by law to purchase and use marijuana. Today there are even marijuana bakeries that make a wide variety of treats that range from chocolate bars to foods such as nachos and baked goods. These shops are made for people who have illnesses which allow them to purchase medical marijuana to go to if they do not wish to smoke in order to get the needed marijuana into their system.
state representative Tom Ammiano
introduced a bill
, titled Marijuana Control, Regulation, and Education Act
, to legalize, regulate, and tax the recreational use of cannabis in California. According to the Wall Street Journal, Ammiano, a Democrat, estimates that marijuana legalization "would generate more than $1 billion annually for the cash-strapped state". Currently, marijuana is California's biggest cash crop, with annual sales reaching $14
billion. The bill "proposes a tax of $50 on an ounce of marijuana, which sells for a few hundred dollars on the street".
On January 16, 2009, a pair of bills (House Bill 2929 and Senate Bill 1801) were introduced into the Massachusetts
legislature. Its stated objectives are "the reduction of cannabis abuse, the elimination of marijuana-related crime and the raising of public revenue." The bill proposes an excise
on all cannabis sold that would range from $150 per ounce to $250 per ounce depending on the levels of THC present.
Multiple attempts at rescheduling cannabis at a federal level have failed in the past. In June 2009, the Personal Use of Marijuana by Responsible Adults Act of 2009
was introduced into the US House of Representatives by Barney Frank
co-sponsored by Ron Paul
and three other congressmen. If enacted, the bill "would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces)". This would effectively leave the legality of cannabis possession for states to decide.
In 2010, Proposition 19
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
. Rejected by 54% of voters, this initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It would also have allowed local governments to regulate and tax the newly created cannabis market. Supporters of the initiative received funding from many sources, most notably, a founder of Facebook.com and George Soros
.
On June 23, 2011, Congressmen Barney Frank
(D
-MA
) and Ron Paul
(R
-TX
) introduced a bill in the House of Representatives
that would end the federal prohibition on the cultivation, sale, and use of marijuana. The bill would limit the federal government's role in marijuana regulation to international and interstate smuggling.
Barack Obama
’s stance regarding marijuana, expressed by the U.S. Attorney General’s Office, has all but decriminalized its use in the United States. The U.S. Attorney General, Eric Holder, confirmed at a press conference that his Office would no longer subject individuals who were complying with state medical marijuana laws to federal drug raids and prosecutions. The article likens Obama’s policy toward marijuana, in terms of its eventual outcome, to the Twenty-First Amendment of the U.S. Constitution
, which repealed the federal prohibition on alcoholic beverage sales.
In an October 15, 2010 article, former Surgeon General of the United States
, Joycelyn Elders voiced her support for legalization of marijuana:
for cannabis trafficking.
Hemp
is the common name for cannabis and is the English term used when this annual herb is grown for non-drug purposes. These include industrial purposes for which cultivation licenses may be issued in the European Union (EU)
. When grown for industrial purposes hemp is often called industrial hemp, and a common product is fibre for use in a variety of different ways. Fuel
is often a by-product of hemp cultivation.
Hemp may be grown also for food (the edible seeds), though in the UK Defra (the UK's Department for the Environment, Food and the Rural Affairs) will not issue cultivation licenses for this purpose, treating it as a non-food crop, though the seed appears on the UK market as a food product.
In the UK hemp seed and fibre have always been perfectly legal products. Cultivation for non drug purposes was however completely prohibited from 1928 until circa 1998, when Home Office
industrial-purpose licenses became available under the Misuse of Drugs Act 1971
.
Industrial strains intended for legal use within the EU are bred to comply with regulations limiting THC content to 0.2%. (THC content is a measure of the herb's drug potential and can reach 25% or more in drug strains).
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
is illegal to consume, use, possess, cultivate, transfer or trade in most countries. Since the beginning of widespread cannabis prohibition around the mid 20th century, most countries have not re-legalized it for personal use, although more than 10 countries tolerate (or have decriminalized) its use and/or its cultivation in limited quantities. Medicinal use of cannabis
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
is also legal in a number of countries, including Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and 16 states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
History
It is generally accepted that small amounts of possession are dealt with in various ways throughout the world, and since police enforcement is always changing according to a country's political leaders, it is very hard to find an accurate reference to the unspoken police attitude of casual decriminalization of cannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
in certain places where there is just not enough police, judges or prisons to enforce the law to the letter. Some countries have laws that are not as vigorously prosecuted as others, but other than the countries that offer access to medical marijuana, the majority of countries have various penalties ranging from lenient to barbaric, and everything in between, some infractions are definitely taken more seriously in some countries than others when it comes to regarding the cultivation, use, possession, or transfer of cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
for recreational use. A few jurisdictions have lessened the penalties for possession of small quantities of cannabis, so that it is punished by confiscation
Confiscation
Confiscation, from the Latin confiscatio 'joining to the fiscus, i.e. transfer to the treasury' is a legal seizure without compensation by a government or other public authority...
and a fine, rather than imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
. Punishment focuses more on those who traffic and sell the drug on the black market. Some jurisdictions/drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
s use mandatory treatment programs for young or frequent users, with freedom from "narcotic" drugs as the goal. A few jurisdictions permit cannabis use for medicinal purposes. There are also changes in a more restrictive direction as in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
or the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Drug test
Drug test
A drug test is a technical analysis of a biological specimen – for example urine, hair, blood, sweat, or oral fluid / saliva – to determine the presence or absence of specified parent drugs or their metabolites...
s to detect cannabis are increasingly common in many countries, and have resulted in jail sentences and people being fired from their jobs. However, simple possession can carry long jail sentences in some countries, particularly in East Asia
East Asia
East Asia or Eastern Asia is a subregion of Asia that can be defined in either geographical or cultural terms...
, where the sale of cannabis may lead to a sentence of life in prison or even execution.
Under the name cannabis, 19th century medical practitioners sold the drug (usually as a tincture), popularizing the word amongst English-speakers. It was rumored that Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
's menstrual pains were treated with cannabis; her personal physician, Sir John Russell Reynolds, wrote an article in the first edition of the medical journal The Lancet
The Lancet
The Lancet is a weekly peer-reviewed general medical journal. It is one of the world's best known, oldest, and most respected general medical journals...
about the benefits of cannabis. In 1894, the Report of the Indian Hemp Drugs Commission
Indian Hemp Drugs Commission
The Indian Hemp Drugs Commission Report, completed in 1894, was a British study of marijuana usage in India.2 March 1893, the British House of Commons was concerned with the effects of hemp drugs in the province of Bengal, India. The Government of India convened a seven-member commission to look...
commissioned by the UK Secretary of State and the government of India, was instrumental in the decision not to criminalize the drug in those countries. From 1860 different states in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
started to implement regulations for sales of Cannabis sativa. In 1925 a change of the International Opium Convention
International Opium Convention
The International Opium Convention, signed at The Hague on January 23, 1912 during the First International Opium Conference, was the first international drug control treaty. It was registered in League of Nations Treaty Series on January 23, 1922...
banned exportation of Indian hemp to countries that have prohibited its use. Importing countries were required to issue certificates approving the importation and stating that the shipment was to be used "exclusively for medical or scientific purposes".
In 1937 the F.D. Roosevelt administration crafted the 1937 Marihuana Tax Act, the first US national law making cannabis possession illegal via an unpayable tax on the drug.
The name marijuana (Mexican Spanish
Mexican Spanish
Mexican Spanish is a version of the Spanish language, as spoken in Mexico and in various places of Canada and the United States of America, where there are communities of Mexican origin....
marihuana, mariguana) is associated almost exclusively with the plant's psychoactive use. The term is now well known in English largely due to the efforts of American drug prohibitionists during the 1920s and 1930s. Mexico itself had passed prohibition in 1925, following the International Opium Convention. The prohibitionists deliberately used a Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
name for cannabis in order to turn the US populace against the idea that it should be legal by playing to negative attitudes towards that nationality. (See 1937 Marihuana Tax Act). Those who demonized the drug by calling it marihuana omitted the fact that the "deadly marihuana" was identical to Cannabis sativa, which had at the time a reputation for pharmaceutical safety. However, due to variations in the potency of the preparations, Cannabis indica in the 1930s had lost most of its former popularity as a medical drug.
Some advocate legalization of cannabis, believing that it will reduce illegal trade & associated crime and yield a valuable tax-source. Cannabis is now available as a palliative agent, in Canada, with a medical prescription. In 1969, only 16% percent of voters in the USA supported legalization, according to a poll by Gallup. According to the same source, that number had risen to 36% by 2005. More recent polling indicates that the number has risen even further since the financial crisis of 2007-2009: in 2009, between 46% and 56% of US voters would support legalization. In Europe has the development turned in the opposite direction in Netherlands where the last few years certain strains of cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
with higher concentrations of THC
THC
THC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and drug tourism
Drug tourism
Drug tourism is travel for the purpose of obtaining or using drugs for personal use that are unavailable or illegal in one's home jurisdiction. Drug tourism can be also defined as the phenomenon by which one's travel experience involves the consumption and usage of drugs that are considered to be...
have challenged the former policy with legal sales of cannabis and led to more restrictive approach; e.g. ban of all sales of cannabis to tourists in coffee shop
Coffeehouse
A coffeehouse or coffee shop is an establishment which primarily serves prepared coffee or other hot beverages. It shares some of the characteristics of a bar, and some of the characteristics of a restaurant, but it is different from a cafeteria. As the name suggests, coffeehouses focus on...
s from the end of 2011 onward.
Detection and the law
Australia
It is illegal to use, possess, grow or sell cannabis in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, but penalties differ for each state or territory. In the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
and the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
there are differing degrees of decriminalization for minor offenses. In New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
the possession of cannabis is considered a criminal offense.
In the ACT a civil penalty system for possession of small amounts of cannabis was introduced in 1993. Possession of up to 25g or two non-hydroponic plants attracts a fine of AUD$100 to be paid within 60 days. Offenders can choose to attend the Alcohol and Drug Program. In South Australia possession of small quantities of cannabis is decriminalized attracting fines similar to a parking ticket. However, penalties for cultivation of marijuana have become harsher since the widespread advent of large scale cultivation. There is much confusion on the subject, with many people believing that possession of a certain amount is legal. In Western Australia, possession of up to 30 grams, two non-hydro plants, or smoking equipment attracts a fine of up to AUD$200, with an option to attend a cannabis education session. Any amount exceeding this is dealt within the criminal court. The Northern Territory has a similar civil penalty to system to Western Australia.
In New South Wales, Queensland, Victoria and Tasmania first-time offences for possession and use of small amounts of cannabis or cannabis products (e.g. cannabis oil or resin) can be dealt with by diversion programs, which aim to divert offenders into education, assessment and treatment programs. In New South Wales if you are caught with up to 15g of cannabis, at the police's discretion, up to two cautions can be issued. In Tasmania up to three cautions can be issued for possession of up to 50g of cannabis, with a hierarchy of referrals for treatment then intervention for each caution. Similarly in Victoria up to 50g of cannabis will attract a caution and the opportunity to attend an education program; only two cautions will be dealt out. In Queensland possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years, however, jail terms for minor possessions are very rare. Possession of smoking utensils or anything used to smoke cannabis is also a criminal offense in Queensland. However, under the Police Powers and Responsibilities Act 2000 a person who admits to carrying not more than 50 grams (and is not committing any other offence) must be offered a drug diversion program.
With the rapid expansion in hydroponic cannabis cultivation, the Australian Drug Misuse and Trafficking Act (1985) was amended in 2006, reducing the amount of cannabis grown indoors under hydroponic conditions that qualifies as a 'commercial quantity' or as a 'large quantity'.
Bangladesh
Cannabis is grown throughout the BengalBengal
Bengal is a historical and geographical region in the northeast region of the Indian Subcontinent at the apex of the Bay of Bengal. Today, it is mainly divided between the sovereign land of People's Republic of Bangladesh and the Indian state of West Bengal, although some regions of the previous...
region, which is currently split between Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
and the India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n state of West Bengal
West Bengal
West Bengal is a state in the eastern region of India and is the nation's fourth-most populous. It is also the seventh-most populous sub-national entity in the world, with over 91 million inhabitants. A major agricultural producer, West Bengal is the sixth-largest contributor to India's GDP...
. In both parts of Bengal, cannabis (Bengali
Bengali language
Bengali or Bangla is an eastern Indo-Aryan language. It is native to the region of eastern South Asia known as Bengal, which comprises present day Bangladesh, the Indian state of West Bengal, and parts of the Indian states of Tripura and Assam. It is written with the Bengali script...
: গাঁজা gãja) has been widely used for centuries. Cannabis was banned in Northern Bangladesh in 1984.
Belgium
Individual or solo use by adults has the lowest priority to police and government instances, if the use doesn't cause any problems to their environment. This basically means only the use in public places, possession of more than 3 grams, or the sale of the drug are pursued in court. However, the use in the presence of minors is strictly forbidden. The cultivation of one female cannabis plant for personal use is decriminalized.Other than cultivating a female cannabis plant, there is no legal way of obtaining cannabis.
Canada
Cannabis is currently illegal in Canada, with exceptions only for medical usage. However, the use of cannabis by the general public is broadly tolerated. The marijuana laws in Canada are currently under review as an Ontario court judge deemed the laws unconstitutional thus giving the government 90 days, as of April 13, 2011, to revamp the law. As of June 22nd, 2011, the prosecutor and federal government was granted a stay on the 90 day deadline, extending it by an additional 6 months, pushing the deadline back to November.- A July 13, 2007, decision in Ontario Provincial court has ruled that criminal possession laws for cannabis are unconstitutional (R. v. Long). However, Toronto police spokesman Mark Pugash said that nothing will change about how the police deal with marijuana possession for the time being.
- Possession of cannabis is not illegal in Canada according to Justice Edmonson of the Ontario Court of Justice in R. v. Bodnar/Hall/Spasic - "there is no offence known to law which the accused have committed."
- Marijuana was first banned in Canada in 1923 under the Opium and Drug Act. Since 1997 marijuana has been covered by the Controlled Drugs and Substances Act.
- The Special Senate Committee on Illegal Drugs reviewed Canada's current anti-drug policies and legislation and reported in September 2002 that marijuana is not a gateway drug and should be treated more like tobacco or alcohol than harder drugs.
- The House of Commons Special Committee on the Non-Medical Use of Drugs looked at an overall drug strategy for Canada and issued their report in December 2002. The House committee said that while marijuana is unhealthy, the current criminal penalties for possession and use of small amounts of cannabis are disproportionately harsh. They recommended that the Canadian Ministers of Justice and of Health come up with a strategy to decriminalize the possession and cultivation of not more than thirty grams of cannabis for personal use.
- Various estimates peg this country's cannabis trade at considerably more than $7 billion in annual sales—twice as much as pig farming brings in, and almost three times more than wheat does. Even the cattle industry, at $5.2 billion a year in revenue, lags behind the marijuana business for sheer size. Just as importantly, the report points out, every dollar reaped by government regulation of the pot industry would be a dollar taken away from the criminal gangs that run the industry today. In 2001, Auditor General Sheila Fraser said the federal government was spending close to $500 million a year fighting the drug trade. Roughly 95 per cent of that goes to enforcement and policing, and two-thirds of the country's 50,000 annual drug arrests are for cannabis offences.
In October 2007, Prime Minister Harper announced a new National Anti-Drug Strategy. A proposed Bill would have dealers facing one-year mandatory prison sentences if they’re operating for organized crime purposes, or if violence is involved. Dealers would also face a two-year mandatory jail sentence if they’re selling to youth, or dealing drugs near a school or an area normally frequented by youth. Additionally, people in Canada who run a large marijuana grow operation of at least 500 plants would risk facing a mandatory two-year jail term. Maximum penalties for producing cannabis would increase from 7 to 14 years.
Perhaps the biggest proposed policy change is mandatory six-month sentencing for those growing as little as one marijuana plant for the purposes of trafficking. If the Bill passes, this is certain to be felt by small-time distributors who are not linked to the ring of organized crime, and who usually face no more than a fine if caught.
The Conservative Party now holds a majority government, with the NDP (New Democratic Party) as the official opposition. Previous attempts by past Liberal Governments in the late 1990s and early 2000s to decriminalize marijuana for personal use have failed to become law.
Costa Rica
Cannabis is used in Costa RicaCosta Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
, in spite of it being illegal. Police officers might not arrest someone unless the amount carried is seemingly for distribution or selling. Much of it is grown in the rain forest reserves, as no person can be prosecuted for that, but more potent strains are grown hydroponically in small grow-ops in San José. There is a small percentage coming from Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
, but the most popular kind is grown locally. Laura Chinchilla, the president of Costa Rica (2010–2014) stated -"It must be approached very rigorously based on empiric evidence and the experiences other countries have had when boarding widely the concept of legalization [...]" after a meeting with José Miguel Insulza
José Miguel Insulza
José Miguel Insulza Salinas is a Chilean politician and statesman. He is currently the Secretary General of the Organization of American States. He is nicknamed El Panzer, for his tank-like drive and reputation due to his ability to take political heat with little apparent damage...
, Secretary General of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
, regarding the fight against hard drug smuggling from Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
to the USA.
Czech Republic
In 1938 production and possession (but not the consumption) of drugs became a punishable crime in CzechoslovakiaCzechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
. The law did not distinguish between different types of drugs. Until the Velvet Revolution
Velvet Revolution
The Velvet Revolution or Gentle Revolution was a non-violent revolution in Czechoslovakia that took place from November 17 – December 29, 1989...
(1989) narcotics were only a minor problem in Czech society. A law from 1992 stopped criminalization of drug possession for personal use. This changed in 1998, "possession of more than a small amount of drugs" (the amount was not defined) became a criminal offence again. The limits were defined later through internal research by Czech law enforcers making the possession of under 15 grams not a crime. The owner could be fined. Consumption was not punishable. Enforcement of the law was spotty and sometimes inconsistent.
The Czech cabinet approved a Justice Ministry proposal in early 2010 that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. Under the new law, possession of more than the following amounts of illicit drugs is a misdemeanor:
- Marijuana 15 grams (or five plants)
- HashishHashishHashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
5 grams - Magic mushrooms 40 pieces
- PeyotePeyoteLophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
5 plants - LSDLSDLysergic acid diethylamide, abbreviated LSD or LSD-25, also known as lysergide and colloquially as acid, is a semisynthetic psychedelic drug of the ergoline family, well known for its psychological effects which can include altered thinking processes, closed and open eye visuals, synaesthesia, an...
5 tablets - Ecstasy 4 tablets
- AmphetamineAmphetamineAmphetamine or amfetamine is a psychostimulant drug of the phenethylamine class which produces increased wakefulness and focus in association with decreased fatigue and appetite.Brand names of medications that contain, or metabolize into, amphetamine include Adderall, Dexedrine, Dextrostat,...
2 grams - MethamphetamineMethamphetamineMethamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
2 grams - Heroin 1.5 grams
- CocaCocaCoca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
5 plants - CocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
1 gram
Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences. The Czech Republic now joins Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
as a European country that has decriminalized drug possession
Young people are the most frequent users of marijuana: a poll from 2007 estimated that almost 30% of Czechs under 24 had tried it. In 2007 the Supreme Court of the Czech Republic
Supreme Court of the Czech Republic
The Supreme Court of the Czech Republic is the court of highest appeal for almost all legal cases heard in the Czech Republic. As set forth in the Constitution of the Czech Republic, however, cases of constitutionality, administrative law and political jurisdiction are heard by other courts...
ruled that mere cultivation of hemp should not be punishable unless production of the drug is proven; an officer from the Czech anti-drug unit was quoted saying that "this decision is irrelevant to our work." As of 2007 several initiatives towards either decriminalization of marijuana or creating a more tolerated category of soft drugs."
Denmark
In Denmark, despite a general public tolerance towards cannabis for private consumption, cannabis remains illegal. Possession of less than 10 grams (.35 oz) cannabis is punishable by a fine of 2000DKK (370USD) for a first-time offender, 3000DKK for a second-time offender, and 4000DKK for a third-time offender.However, possession of small quantiites of cannabies , or public use, often is tolerated by the police and people involved in it go away with an oral warning.Denmark's capital, Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
is home to a self-proclaimed autonomous neighborhood called Christiania
Freetown Christiania
Not to be confused with Christiania, Norway, another name for Oslo.Christiania, also known as Freetown Christiania is a self-proclaimed autonomous neighbourhood of about 850 residents, covering 34 hectares in the borough of Christianshavn in the Danish capital Copenhagen...
, where cannabis and hashish are both sold openly. In a display of Denmark’s tolerance, this sale, which has fueled an alternative, freewheeling, culture in Christiania, was allowed largely unhindered until 2004, when sanctions were imposed to moderate it. Since 2004, a number of raids led by Danish authorities have led to unrest and tension between Christiania's residents and the Danish government.
In recent years, Copenhagen Municipality
Copenhagen municipality
Copenhagen Municipality is the largest of the municipalities making up the city of Copenhagen. It lies at the center of Copenhagen and contains the old historic city....
has been in favor of legalizing cannabis via state-run coffee-shops, in order to take over the control of the substance which is currently mostly supplied by criminal gangs. The proposal could make the city the first to fully legalise marijuana consumption, but it still has to be approved by the Folketing
Folketing
The Folketing , is the national parliament of Denmark. The name literally means "People's thing"—that is, the people's governing assembly. It is located in Christiansborg Palace, on the islet of Slotsholmen in central Copenhagen....
.
Estonia
It is illegal to grow, possess or trade cannabis in Estonia. Consumption and possession in small amounts will lead to a fine. Larger amounts than 10 grams is considered trafficing and can lead to a maximum jail sentence of 5 years. Growing is illegal and can lead to a jail sentence, which can also be up to 5 years. Possession of seeds is legal, import and export is illegal.Finland
Possession, manufacture and use of cannabis products were prohibited by law in Finland in 1972. The parliamentary discussion and the following vote resulted in a stalemate, so the issue was resolved by drawing lotsSortition
In politics, sortition is the selection of decision makers by lottery. The decision-makers are chosen as a random sample from a larger pool of candidates....
- which resulted in cannabinoid products becoming illegal.
In practice, possession or manufacture of cannabis products is considered to be a minor misdemeanor punishable by a minor fine (normally in the range of 60-500 euros). A supreme court decision of 2004 set up a "half a dozen" precedent: Cultivation of up to 6 plants for personal use is subject to the same penalties as personal use. The same applies to distribution and use within a "closed circle of users".
However, open distribution is generally punished very severely.
Aside from criminal penalties, users are often persecuted by welfare authorities on the pretext of child welfare (if the user has offspring); withdrawal of driving license is also commonplace.
In 2010 police first time used the law passed in 2006, which makes selling equipment for creating or growing drugs illegal. This resulted in closing of a gardening store Viherpeukku and 200 home searches through the customer register. The owners of Viherpeukku were charged for selling gardening equipment with knowledge, that they could be used in home growing of Cannabis. Some controversy rose from the home searches due many of them being done into legal chili farmers houses. Those charges were later dropped by the supreme court. The court saw that although the owners might have known that some of the fertilizers may have been used for cultivation of cannabis, they are not directly aiming at that market.
France
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
the law prohibits "any presentation in a favorable light" of narcotic substances. Because of this law, organizations seeking to promote the decriminalization (as the collective information and research cannabis) are often put off-the-law and therefore risk severe penalties for incitement to drug use. In addition, a public body, MILDT (Interministerial Mission for the fight against drugs and addiction) informs extensively (website, brochures, etc..) On the hard drugs, placing cannabis in the midst of them, the compared to drugs such as cocaine or LSD.
Harm reduction is recognized by French law since 2004.
The law allows the movement of hemp (cannabis seeds) and their trade between the Member States of the European Free Trade Area (EU + Norway, Switzerland and Iceland).
Individuals can use hemp legal (with a certificate of compliance) for personal use only; their production, use and cultivation for commercial or professional activity is subject to authorization. These varieties are in fact non-psychoactive hemp. Individuals are required to retain certificates of conformity provided for sale of hemp or, failing that, the package that lists the references, in order to prove that the variety planted or owned is allowed. These varieties of cannabis on the list issued by the European Union, must be a decree that requires their permission.
All imports from countries not members of the European zone of free exchange can be performed by an importer licensed by the European Union.
The specificity of the French law led to a formal speech that can seem quite confusing to most other European nationals.
Besides the debate, French law bans the production, possession, sale, purchase and use of drugs, with penalties more or less severe depending on the act.
Traffic, that is to say, the possession, transport, supply, transfer or acquisition of narcotic, is punished with imprisonment for a term exceeding ten years or a fine up to 7.5 million euros
The simple use is normally punished by a maximum sentence of one year imprisonment or a fine of up to 3 750 euros. However, it should be noted that the consumer can simply be treated as a trafficker and therefore be liable to the same penalties. Indeed, cannabis necessarily implies to hold, and thus to buy or to produce, leaving free the judge to penalize the user on the basis of the Code of Public Health (use ) or the Penal Code (possession / trafficking / production). Specifically, the judge's decision will depend mainly seizures, history of the accused, etc..
As for production, even for personal use, it is punishable by a maximum sentence of twenty years'imprisonment or a fine of up to 7.5 million euros.
Germany
While illegal, possession is generally not fined as long as a certain maximum amount (so called "geringe Menge" = English "small amount") is not exceeded. This maximum amount varies between 6 and 30 grams depending on which particular federal stateStates of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
the person is in and the potential amount of THC. The person caught will have the cannabis confiscated. Until 2002 one could have one's driver's license taken away because of cannabis possession, even if driving a car was not involved. This still happens today. Use of cannabis is not illegal in Germany.
Law enforcement in the city of Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
and many other major cities currently places a very low priority on enforcement of cannabis laws; many people smoke openly in parks and bars throughout the central city.
Honduras
In Honduras it is illegal to grow, plant, harvest, or collect cannabis. Violators can face 9 to 12 years in prison and a fine of 5,000 Lps.Honduran lempira
The lempiras is the currency of Honduras. It is subdivided into 100 centavos. The lempira was named after the 16th-century cacique Lempira, a ruler of the indigenous Lenca people, who is renowned in Honduran folklore for leading the local native resistance against the Spanish conquistador forces...
(US$265) to 25,000 Lps.
Honduran lempira
The lempiras is the currency of Honduras. It is subdivided into 100 centavos. The lempira was named after the 16th-century cacique Lempira, a ruler of the indigenous Lenca people, who is renowned in Honduran folklore for leading the local native resistance against the Spanish conquistador forces...
(US$1,323). It is also illegal to own cannabis seeds. Traffickers can face 15 to 20 years in prison and a fine of 1,000,000 Lps. to 5,000,000 Lps.
Hong Kong
The possession, cultivation and trafficking of cannabis are illegal in Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, and is punishable under The Dangerous Drug Ordinance (Chapter 134 of the Law of Hong Kong), which contains the following key points:
- Any person who traffics in a dangerous drug shall be liable upon conviction to a fine of HK$Hong Kong dollarThe Hong Kong dollar is the currency of the jurisdiction. It is the eighth most traded currency in the world. In English, it is normally abbreviated with the dollar sign $, or alternatively HK$ to distinguish it from other dollar-denominated currencies...
5,000,000 and imprisonment for life, where trafficking includes selling or giving away any amount of a dangerous drug. - Any person who manufactures a dangerous drug, shall be liable upon conviction to a fine of HK$ 5,000,000 and imprisonment for life.
- Any person who has in his possession; or smokes, inhales, ingest or injects a dangerous drug, shall be liable upon conviction to a fine HK$ 1,000,000 and imprisonment for 7 years.
- Any person who has in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug, shall be liable upon conviction to a fine of HK$10,000 and imprisonment for 3 years.
- Any person who cultivates any plant of the genus cannabis or opium poppy, shall be liable upon conviction to a fine of HK$ 100,000 and imprisonment for 15 years.
It should be noted that mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
has a different legal system from Hong Kong. In mainland China, the use of cannabis is punishable by death. In Hong Kong, the death penalty has been abolished for all crimes.
India
Often seen as the country where the plant originates from, throughout India it is illegal to grow, consume, or traffic cannabis since 1980, although there is a variation in penalties and enforcement according to the region. The law is rarely enforced and usage of cannabis, also locally known as ganjaGanja
Ganja is Azerbaijan's second-largest city with a population of around 313,300. It was named Yelizavetpol in the Russian Empire period. The city regained its original name—Ganja—from 1920–1935 during the first part of its incorporation into the Soviet Union. However, its name was changed again and...
(Sanskrit
Sanskrit
Sanskrit , is a historical Indo-Aryan language and the primary liturgical language of Hinduism, Jainism and Buddhism.Buddhism: besides Pali, see Buddhist Hybrid Sanskrit Today, it is listed as one of the 22 scheduled languages of India and is an official language of the state of Uttarakhand...
ganjika) or bhang
Bhang
Bhang is a preparation from the leaves and flowers of the female cannabis plant, smoked or consumed as a beverage in the Indian subcontinent.- India:...
(when made into a drink) is common throughout India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. Sadhu
Sadhu
In Hinduism, sādhu denotes an ascetic, wandering monk. Although the vast majority of sādhus are yogīs, not all yogīs are sādhus. The sādhu is solely dedicated to achieving mokṣa , the fourth and final aśrama , through meditation and contemplation of brahman...
s openly smoke ganja and there are government licensed bhang shops in some regions. Furthermore, on the festival of Holi
Holi
Holi , is a religious spring festival celebrated by Hindus. Holi is also known as festival of Colours. It is primarily observed in India, Nepal, Pakistan, and countries with large Indic diaspora populations following Hinduism, such as Suriname, Malaysia, Guyana, South Africa, Trinidad, United...
, cannabis is widely consumed in the open in its numerous forms. Charas
Charas
Charas is the name given to a hashish form of cannabis which is hand-made in Afghanistan, Pakistan, Nepal and India. It is made from the resin of the cannabis plant...
, bhang
Bhang
Bhang is a preparation from the leaves and flowers of the female cannabis plant, smoked or consumed as a beverage in the Indian subcontinent.- India:...
and ganja
Ganja
Ganja is Azerbaijan's second-largest city with a population of around 313,300. It was named Yelizavetpol in the Russian Empire period. The city regained its original name—Ganja—from 1920–1935 during the first part of its incorporation into the Soviet Union. However, its name was changed again and...
(with seeds in it) are by far the most common forms of the drug in India; it is widely available and bhang
Bhang
Bhang is a preparation from the leaves and flowers of the female cannabis plant, smoked or consumed as a beverage in the Indian subcontinent.- India:...
& ganja
Ganja
Ganja is Azerbaijan's second-largest city with a population of around 313,300. It was named Yelizavetpol in the Russian Empire period. The city regained its original name—Ganja—from 1920–1935 during the first part of its incorporation into the Soviet Union. However, its name was changed again and...
are relatively inexpensive.Charas
Charas
Charas is the name given to a hashish form of cannabis which is hand-made in Afghanistan, Pakistan, Nepal and India. It is made from the resin of the cannabis plant...
on the other hand is quiet expensive and not available all over the country. In Hinduism there are many elaborate spiritual practices that involve cannabis.
Ireland
The most recent Misuse of Drugs (Designation) Order (S.I. No. 69/1998) lists cannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
, cannabis resin
Hashish
Hashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
, cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
and its derivatives as Schedule 1 drugs under the Misuse of Drugs Acts of 1977 and 1984
Misuse of Drugs Act (Ireland)
The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, and the Criminal Justice Act 2010 are the acts of the Oireachtas regulating drugs in Ireland...
. As a consequence manufacture, production, preparation, sale, supply, distribution and possession of cannabis is unlawful for any purpose, except under license from the Minister for Health
Minister for Health and Children (Ireland)
The Minister for Health is the senior minister at the Department of Health in the Government of Ireland and is responsible for health care in the Republic of Ireland and related services.The current Minister for Health is James Reilly, TD...
.
The gardaí (Irish police) have a level of discretion when dealing with recreational cannabis users. To procure a conviction any cannabis seized has to be sent for analysis to the Garda Forensic Science Laboratory. This, along with the time needed to process the arrest, means that individual gardaí may decide not to arrest for small amounts,
Gardaí cannot arrest for simple possession if they are satisfied with the name and address of the offender. If there are enough drugs for sale or supply then Gardaí can arrest but the drug will be seized and the name and address of the individual will be taken. Possession of cannabis is an arrestable offense and, in 2003, 53 per cent of all drug confiscations and 70 per cent of all drug-related prosecutions were for cannabis. Trafficking or possession with intent to supply are serious offenses under Irish law
Law of the Republic of Ireland
The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...
.
Upon being brought to court, the penalties for possession are outlined as follows:
- First offense: On summary conviction, to a fine not exceeding €381, or on conviction on indictment, to a fine not exceeding €635.
- Second offense: On summary conviction, to a fine not exceeding €508, or on conviction on indictment, to a fine not exceeding €1,269.
- Third or subsequent offense: On summary conviction, to a fine not exceeding €1,269 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.
There is no law against possession or sale of cannabis seeds. However, the growing of cannabis, even for medicinal benefits by genuine sufferers, is often treated harshly by the courts.
Various movements have been founded to legalize the drug, including an attempt at starting a cannabis legalization political party. Current Dáil
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
member Luke Flanagan
Luke 'Ming' Flanagan
Luke 'Ming' Flanagan is an Irish independent politician. He was elected as a Teachta Dála for the Roscommon–South Leitrim constituency at the 2011 general election. He was previously a county councillor and Mayor of County Roscommon...
the former mayor of Roscommon
Roscommon
Roscommon is the county town of County Roscommon in Ireland. Its population at the 2006 census stood at 5,017 . The town is located near the junctions of the N60, N61 and N63 roads.-History:...
is known for his long running campaign to legalise cannabis.
Israel
Israel considers cannabis illegal; however, punishment is not severe for "personal use". The amount defined by the law as "for personal use" is 15g of marijuana and hashish. Due to the popularity of nargila in Israel, smoking using paraphernalia is a common sight at popular street cafes. Consequently, the social stigmaSocial stigma
Social stigma is the severe disapproval of or discontent with a person on the grounds of characteristics that distinguish them from other members of a society.Almost all stigma is based on a person differing from social or cultural norms...
of smoking using marijuana paraphernalia is accepted by main stream society.
A medical marijuana program is existent; however patients must meet certain prerequisites. The categories include patients suffering from nausea induced by chemotherapy or those in the later stages of HIV. Trials have been conducted by the IDF for soldiers experiencing Posttraumatic stress disorder.
Italy
Cannabis is illegal in Italy. Current legislation establishes quantitative limits of active ingredientActive ingredient
An active ingredient is the substance of a pharmaceutical drug or a pharmaceutical ingredient and bulk active in medicine; in pesticide formulations active substance may be used. Some medications and pesticide products may contain more than one active ingredient...
: within those limits it is considered an administrative
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
offense, over them it is regarded as pushing
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, punished with 1–6 years of imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for small amounts and 6–20 years for big amounts or cultivation. However, jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
is contradictory concerning growing for personal use. Medical use of substances prepared with marijuana are legal, if provided by medical prescription.
In July 2008, however, the Italian Supreme Court
Court of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...
ruled that Rastafari may be allowed to possess greater amounts of cannabis legally, owing to its use by them as a sacrament.
Japan
Penalties for possession or use of marijuana in Japan are severe, and convicted offenders can expect long jail sentences and fines. Possession of any amount, as little as 0.1 gGram
The gram is a metric system unit of mass....
, is punishable by jail sentence for up to 5 years and/or a fine of up to 30,000,000 yen (USD 344 790). Moreover, the defendant has to stay in police custody for at least a few weeks until a court decision is made.
Mexico
On April 29, 2006, the Congress of MexicoCongress of Mexico
The Congress of the Union is the legislative branch of the Mexican government...
passed a bill decriminalizing possession of small amounts of drugs intended for recreational use (up to 5g for marijuana). The new bill was hoped to relieve cartel-related crime as well as reduce drug-related arrests. A possibly unintended consequence
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
would have been increased tourism. The move caused many in the US government to question Mexico's commitment to the "War on Drugs". However, President Fox sent the legislation back, asking that the decriminalization be removed. This action showed the U.S. government's influence over the Mexican Government's decisions, sparking broad controversy over the bill. On October 14, 2008 a bill was proposed in Mexico City's Congress to legalize the consumption, possession and commerce of Marijuana. The bill states that only a person over 18 can have access to the drug, the places where marijuana is sold cannot also sell alcoholic drinks, and must be at least 1000 meters away from schools. The Government would issue special licenses for the distribution of marijuana in special places, similar to the legislation in the Netherlands.
On August 21, 2009, Mexico decriminalized "personal use" possession of up to 5 grams of marijuana, half a gram of cocaine, 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams of LSD.
Nepal
Marijuana was made illegal in Nepal in mid 70's but it was never really enforced. It is widely tolerated, in some parts of the country mostly in rural areas it is a way of life. Law against marijuana is rarely enforced although selling and transporting of hashish could be taken seriously. It has been a very popular destination for teenagers from countries like Israel for the same reason.Netherlands
The possession/purchase of Cannabis is tolerated in small amounts. One can purchase cannabis in special shops (called "coffeeshops") if one is aged eighteen and over. Sale and purchase of cannabis anywhere else is illegal. Cultivation and wholesale of cannabis is likewise "tolerated" in small amounts (guidelines here are no more than five plants at home or the possession of 5 grams per adult max.). The tolerance guidelines appear in appendix of the Opium Act. The Opium Act states very clearly that every part of the hemp plant is banned except for the seeds – this is in accordance with many of the international treaties which the Netherlands have signed. It is for this reason Cannabis cannot be legalised in the Netherlands. Thus, it remains illegal but it is "tolerated." A recent court decision allowed a medical cannabis to avoid legal prosecution for possession of a small number of cannabis plants; however, the state is appealing the decision.By 2009, 27 coffee shops selling cannabis in Rotterdam
Rotterdam
Rotterdam is the second-largest city in the Netherlands and one of the largest ports in the world. Starting as a dam on the Rotte river, Rotterdam has grown into a major international commercial centre...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, all within 250 meters from schools must close down. This is nearly half of the coffeeshops that currently operate within its municipality. This is due to a new policy of city mayor Ivo Opstelten and the town council as a result of increased use of soft drugs among pupils.
Although outdoor use is prohibited this is also "tolerated" in most places.
Since January 2006 certain areas in the district "De Baarsjes" in Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
have been declared official cannabis-free zones because of nuisance to inhabitants of the areas.
A special road sign was chosen out of 3 designs by Hans Bos to designate the areas.
This sign is not a recognized traffic sign however as it is not used outside of Amsterdam. For a while the municipality of Amsterdam sold the signs in an effort to curtail theft of traffic sign.
Higher concentrations of THC
THC
THC commonly refers to tetrahydrocannabinol, the main active chemical compound in Cannabis.THC may also refer to:* Tan Holdings Corporation...
and drug tourism
Drug tourism
Drug tourism is travel for the purpose of obtaining or using drugs for personal use that are unavailable or illegal in one's home jurisdiction. Drug tourism can be also defined as the phenomenon by which one's travel experience involves the consumption and usage of drugs that are considered to be...
have challenged the current policy and led to a re-examination of the current approach; e.g. ban of all sales of cannabis to tourists in coffee shop
Coffeehouse
A coffeehouse or coffee shop is an establishment which primarily serves prepared coffee or other hot beverages. It shares some of the characteristics of a bar, and some of the characteristics of a restaurant, but it is different from a cafeteria. As the name suggests, coffeehouses focus on...
s from end of 2011 was proposed but currently only the border city of Maastricht has adopted the measure in order to test out its feasibility. In May 2011 decided the government that, starting in 2012, each coffee shop must operate like a private club with some 1,000 to 1,500 members. In order to qualify for a membership card, applicants have to be adult Dutch resident, membership will only to be allowed in one club.
New Zealand
Possession of cannabis is illegal in New Zealand and can result in a fine of up to $500 or even a 3-month prison sentence (though the latter is rarely used). Anyone caught in possession of more than 28 grams of cannabis or 100 cannabis joints is classed as a dealer unless s/he can prove they are not. Cannabis is a class C drug in New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, of which the penalty for dealing can result in a maximum prison sentence of 8 years under the New Zealand Misuse of Drugs Act 1975. There have been many public campaigns to decriminalise cannabis but so far none have succeeded.
Norway
Any consumption, possession, buying or selling of cannabis is prohibited by law in Norway. Possession of up to 15 grams of cannabis will be punished by fines and anything above 15 grams can be punished by jail. Jail penalties may vary due to the amount of cannabis involved but they range from 6 months to 21 years.The law is widely enforced and the chances that you get away with even small amounts (<1 gr) are extremely low.
There have recently been some political discussion whether or not to decriminalize marijuana, but so far (as of September 2011), only two political parties, the youth rally of the party Venstre (a liberal party) (the party itself states decriminalization) and The Greens state legalization or decriminalization as a goal. The political parties themselves are often internally split on this matter.
Peru
In Peru usage of marijuana and possession of up to 8 grams is legal if no other drugs are carried. Though police might take different stand on tourists.Poland
Cannabis is a controlled substance in Poland and its possession remains a criminal offence which can bepunished with imprisonment up to 3 years, or up to 8 years if the quantity in possession is considered 'large'
upon current law. No specific measurements are given to determine if an amount is to be considered 'small' or
'large'. Cultivation is also illegal and is threatened with up to 3 years of imprisonment and up to 8 years if
considered 'large'.
On 1.April 2011, the Polish parliament passed an amendment to the 2005 'Ustawa o przeciwdziałaniu narkomanii'
("Drug-dependence Counteract Law") to create a possibility of dropping prosecution for possession of small amounts
of drugs for personal use. The law introduces the possibility when a person caught possesses negligible amounts of
drugs for personal use only and the 'social harmfulness' of the case is considered to be low (i.e.-negligible).
Nonetheless the "small amounts" are still undetermined and a temporary detention by the police continues to apply
in virtually every case.
At the same time the reformed law raised the maximum applicable penalties for possession of large amounts of
controlled substances (including cannabis) from 8 to 10 years of imprisonment and from 10 to 12 years for trafficking
of large amounts of controlled substances, among other related crimes. This implies hardening the law without
eliminating the ambiguous terms 'small amounts'/'large amounts'.
These amendments enter into legal force on 8.December 2011.
Portugal
Personal consumption of cannabis is limited in the range of 2.5 gram marijuana, 0.5 gram hashish and 0.25 of hash oil per day. One may possess no more than 10 daily doses, otherwise it may be categorized as trafficking. The consumption still entails a penalty and fine. Cultivation however, is still completely illegal and even cultivation of a single plant is assumed to indicate involvement with trafficking. Possession of seeds is also illegal and despite there being several "head shopHead shop
A head shop is a retail outlet specializing in drug paraphernalia used for consumption of cannabis, other recreational drugs, legal highs, legal party powders and New Age herbs, as well as counterculture art, magazines, music, clothing, and home decor; some head shops also sell oddities, such as...
s" or "grow shops" in Portugal, they, too, are forbidden to market cannabis seeds. At the same time, the number of grow shops has increased over the past few years, which seems to indicate that cultivation for personal use (in Portuguese: auto-cultivo) is becoming a more common practice. The 2006 Global Marijuana March
Global Marijuana March
The Global Marijuana March is an annual rally held at different locations across the planet. It refers to cannabis-related events that occur on the first Saturday in May, or thereabouts, and may include marches, meetings, rallies, raves, concerts, festivals and information tables.The Global...
was celebrated for the first time in Lisbon and in 2007 both Lisbon and Porto celebrated it.
Romania
RomaniaRomania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
is a leader in hemp fiber, second only to China. However, possession of any quantity is punishable by law. Marijuana is considered high risk drug.
Law no. 143/2000 on combating illicit drug trafficking and use.
Chapter II sanctioning illicit trafficking and other operations with controlled substances national
Article 4. Cultivation, production, manufacture, testing, extraction, preparation, processing, purchase or possession of drugs for personal use, without law, shall be punished with imprisonment for 2-5 years. Decriminalization is proposed, but it doesn't have any political support (only 2 politicians are public known to be pro-decriminalization
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
). The media is totally against any kind of pro-marijuana manifestations and therefore has a big impact on the population, as most of the mid-age and elderly people cannot distinguish between soft and hard drugs
DRUGS
Destroy Rebuild Until God Shows are an American post-hardcore band formed in 2010. They released their debut self-titled album on February 22, 2011.- Formation :...
. The possession of seeds is not banned by law (it is not illegal, but neither legal), but if caught possessing seeds, they are usually confiscated without any other consequence.
Hashish
Hashish
Hashish is a cannabis preparation composed of compressed stalked resin glands, called trichomes, collected from the unfertilized buds of the cannabis plant. It contains the same active ingredients but in higher concentrations than unsifted buds or leaves...
is considered a high-risk drug, therefore even the possession of very small quantities is usually punished with jail time.
Russia
Possession of up to 6 grams (dry weight) of cannabis or 2 grams of hashish is punishable by fine 4000-5000 roubles or administrative detention of up to 15 days (KoAP 6.9). Possession of more than this amount is punishable by prison term (UK 228). Growing more than 20 plants is punishable by prison term (UK 231).Consumption is not criminalized, punishable, or technically subject to fining. However, "intoxicated in public" fines (approximately $10) can be and are applied to those visibly under influence in public places. Note that, for intoxication in public fines to be applied, the offending substance does not have to be identified (or illegal, for that matter), and the fine is applied for being in a state of influence that is a potential or actual public nuisance, not for the fact of consumption.
South Africa
Called "dagga", "ganja", "swazi", "aaptwak", "uitkyk-skyf", "giggelgras" or "pappegaai-gwaai" locally, the use and or possession of cannabis remains illegal in South Africa. Rastafari groups, who refer to cannabis as "herb", their holy sacrament, regularly receive media coverage in their pleas to government to legalize it.Spain
In Spain the possession and use of cannabis in public places is classed as a misdemeanour under public health laws and is punishable by fines and confiscation. Trafficking is a criminal offense.One can be denounced for doing so by neighbors or ill-wishers, and the burden is then effectively on the user or grower to prove that the material is for personal use only.
In recent years a number of members' associations have been established throughout the country in an attempt to extend the boundary of the Spanish citizen's constitutional rights. In an association cannabis is grown and shared among the members. The association may not promote or be seen to encourage the use of cannabis and it must be a closed group for existing adult consumers only, distributing only small amounts regularly to each member (typically 10 grams per week) so as to prevent the possibility of trafficking. As well as a membership fee, members must pay for what they consume and prices may not be much different than on the black market.
Where the associations have come under legal challenge they have been able to surmount this, and in at least one case have secured the return of several kilos of confiscated plants. The umbrella group for cannabis associations in Spain is the Federación de Asociaciones Cannábicas: http://www.fac.cc/ and Politic Group:RCN-NOK Representacion Cannabica de Navarra: http://www.rcnavarra.org/
Sweden
It is illegal to purchase, possess, sell, transfer or consume any amount of cannabis in Sweden. If police suspect someone has consumed cannabis they could be ordered to take a drug testDrug test
A drug test is a technical analysis of a biological specimen – for example urine, hair, blood, sweat, or oral fluid / saliva – to determine the presence or absence of specified parent drugs or their metabolites...
, which is seen as a way to prove consumption. Minor offenses, such as simple consumption generally renders a 30 day-fine
Day-fine
A day-fine or day fine or unit fine is a unit of fine payment that, above a minimum fine, is based on the offender's daily personal income. A crime is punished with incarceration for a determined number of days, or with fines. As incarceration is a financial punishment, in the effect of preventing...
(a day-fine is currently between 50 to 1000 SEK
SEK
SEK may stand for:*Swedish krona, the currency of Sweden*Federation of Swiss Protestant Churches *SEK Studio, a North Korean animation studio* Stagecoach in East Kent...
, largely depending on income) while possession and even occasional cultivation of plants for personal use attracts higher fines (up to 150 day-fines) as long as they are under the threshold for minor drug offenses, namely 50 grams (1.8 oz). For the purchase, smuggling and possession of larger amounts, organized cultivation or sale, the punishments range from 6 months to 10 years imprisonment. The combined sentence can be even longer, for example when a series of crimes are added up into one sentence. Depending on the circumstances 14 or 18 years is the maximum penalty before limitation rules set in.
Every time reasonable suspicion arises, the police are obliged to intervene under a zero tolerance strategy even though mere police intuition is legally insufficient. The expressed aim of government is the creation of a "drug-free society" and the police are to give high priority towards drug crimes. However, as a condition of largely being a victimless crime, the police's own efforts are essential to apprehend cannabis offenders. That is, as opposed to many other crimes where a victim will report it to the police, they must apprehend the drug users and more advanced criminals for themselves. Influenced by the practices in the US, all police officers in external duty are to receive training to become Drug Recognition Expert
Drug Recognition Expert
Drug Recognition Expert police officers are trained to be able to identify drug impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles Police Department. In 1979, the Drug...
s (DRE) to better detect persons under the influence of drugs. Something that have led to increasing numbers of apprehended drug users. The traffic police especially, have integrated DRE-practices to test suspected drivers into their every day routine. Subject to the law concerning driving under influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
, driving while having mere traces of cannabis in the body is strictly forbidden under a zero tolerance
Zero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
regime.
Ungerminated cannabis seeds are not legally classified as cannabis and mere possession of seeds is not illegal per se.
With the exemption of Khat
Khat
Khat, qat, gat or Waquish Spoken from true Yemeni, is a flowering plant native to tropical East Africa and the Arabian Peninsula....
, Cannabis has the least penal value per effective dose and subsequently the least priority among drugs offenses. Albeit with the general exemption for drug offences among juveniles, which instead is of special priority regardless of what drugs are involved. When juveniles are apprehended, the police is obliged to report the young user to the municipal social care
Social work
Social Work is a professional and academic discipline that seeks to improve the quality of life and wellbeing of an individual, group, or community by intervening through research, policy, community organizing, direct practice, and teaching on behalf of those afflicted with poverty or any real or...
. Although the charges often are dropped
Nolle prosequi
Nolle prosequi is legal term of art and a Latin legal phrase meaning "to be unwilling to pursue", a phrase amounting to "please do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges...
in consideration of their youth, the social service may then take various measures ranging from just talking to the adolescent and its parents to placing the delinquent in forced treatment
Involuntary treatment
Involuntary treatment refers to medical treatment undertaken without a person's consent. In almost all circumstances, involuntary treatment refers to psychiatric treatment administered despite an individual's objections...
for substance abuse.
Switzerland
Cannabis is classified as an illegal narcotic in SwitzerlandSwitzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. The production and sale of illegal narcotics is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.
The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people are believed to use cannabis regularly or occasionally. In a health poll conducted in 1997, 7% of people aged 15 to 39 stated that they were currently consuming cannabis. Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis, yielding more than 100 tons of cannabis per year. The product is sold mostly on the street and (in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics, are the target of irregular police crackdowns in some cities, while in others they are tolerated to some degree. Overall, enforcement varies substantially depending on the canton. Some tolerate limited public consumption while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.
Turkey
Cultivation of cannabis is strictly controlled by government in Turkey; only for its seeds which are used as a spice in many different foods, especially in different breads and other baked goods. The THC-containing cannabis is totally forbidden in Turkey.Persons carrying less than 12.5 grams of cannabis are required to attend rehab once a week and are subjected to mandatory drug screenings for a six month period if it is a first time offense. If it is not, the punishment is one year of prison. Drug trafficking is punished with long term imprisonment.
United Kingdom
Cannabis is illegal in the United Kingdom but punishments are usually minor, resulting in a confiscation and a "cannabis warning" for small amounts. A record of the warning is retained on police information databases for intelligence purposes (effectively so the police can check to see if someone has previously been given a warning) and a crime is recorded under the Home Office Counting Rules but this is not disclosable to third parties. A Cannabis warning will not show up on a CRB check, though a police caution for cannabis possession would do (which is usually the next step if someone already with a warning is caught and arrested). Technically there is nothing to prevent the police from giving an individual with personal use amounts of cannabis repeated cannabis warnings, but most forces operate along guidelines that if someone has been caught once (sometimes twice) within a 12 month period then they are arrested if caught again. Cannabis warnings can only be given to persons aged 18 and over. Due to international agreements the UK is signatory to, the cannabis warning process could not be extended to those under 18, who have to either be dealt with unofficially by confiscation and parental disclosure or by means of arrest.19 AD. Earliest dated records of cannabis pollen in the United Kingdom. After this date cannabis is used legally by thousands (if not millions) of people.
In 1928: Cannabis became illegal in the United Kingdom as a class B drug.
In 2004, cannabis was downgraded to a class C
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
substance. Consequentially there was a "significant fall in its use" and a "50 per cent rise in the number of people" seeking "medical treatment after using the drug".
In 2008, the government commissioned a study into the effects of downgrading cannabis from a class B
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
to a class C
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
.
On May 7, 2008: Against the advice of the government's own commissioned report, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Jacqui Smith
Jacqui Smith
Jacqueline Jill "Jacqui" Smith is a member of the British Labour Party. She served as the Member of Parliament for Redditch from 1997 until 2010 and was the first ever female Home Secretary, thus making her the third woman to hold one of the Great Offices of State — after Margaret Thatcher and...
, announced the government’s intention to once again reclassify cannabis as a class B
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
drug.
Then-prime minister Gordon Brown
Gordon Brown
James Gordon Brown is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010. He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007...
announced that the government would set aside the findings of the committee.
On 26 January 2009: Cannabis was reclassified as a Class B
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
substance.
In November 2009: Professor David Nutt was asked to resign from his position as chairman of the Government's Advisory Council on the Misuse of Drugs
Advisory Council on the Misuse of Drugs
The Advisory Council on the Misuse of Drugs is a statutory and non-executive non-departmental British public body, which was established under the UK's Misuse of Drugs Act 1971.-Mandate:Its terms of reference, according to the Act, are as follows:...
by the then Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
(Alan Johnson
Alan Johnson
Alan Arthur Johnson is a British Labour Party politician who served as Home Secretary from June 2009 to May 2010. Before that, he filled a wide variety of cabinet positions in both the Blair and Brown governments, including Health Secretary and Education Secretary. Until 20 January 2011 he was...
), after publishing in a professional journal figures which indicated that cannabis was less harmful than both alcohol and tobacco. Several other members of the Advisory Council resigned in protest.
Afterwards, discussions were being focused towards imposing a new 'code of conduct'; in order to avoid any similar action in future, rather than of the issue at hand (that being the legality of the plant cannabis itself) also this is not under Common law offences
Common law offences
Common law offences are crimes under English criminal law and the related criminal law of Commonwealth of Nations countries. These are offences of the common law which are developed entirely by the courts over the years, and for which there is no actual legislation.The various common law offences...
, the basis for Statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
in the UK. .
On 17 August 2010: Professor Sir Ian Gilmore
Ian Gilmore
Sir Ian Thomas Gilmore is a professor of hepatology and past president of the Royal College of Physicians of London ....
criticised prohibition, revitalising the topic in hand.
On 14 September 2010: Professor Roger Pertwee suggests that "policymakers should consider the setting up of a committee to license the sale of recreational cannabis."
On 18 September 2010: "Tim Hollis, chairman of the Association of Chief Police Officers’ drugs committee" says that he "does not want to criminalise people caught with minor amounts of substances such as cannabis."
On 20 September 2010: "Ewan Hoyle, founder of Liberal Democrats for Drug Policy Reform, says [that his] party should support [the] legalisation [of cannabis]".
On 3 October 2010: Presenter Evan Davis compared “having a spliff” with potentially risky activities (like skiing), whilst interviewing Lord Young
David Young, Baron Young of Graffham
David Ivor Young, Baron Young of Graffham, PC DL is a British Conservative politician and businessman.-Early life:Young is the elder son of a businessman who imported flour and later set up as a manufacturer of coats for children...
.
On 11 October 2010: Welsh actor and musician, Rhys Ifans
Rhys Ifans
Rhys Ifans is a Welsh actor and musician. He is known for his portrayal of characters such as Spike in Notting Hill and Jed Parry in Enduring Love and as a member of the Welsh rock groups Super Furry Animals and The Peth. Ifans also appeared as Xenophilius Lovegood in Harry Potter and the Deathly...
"calls for cannabis decriminalisation" or legalisation within the United Kingdom.
On the same day: An editorial in the British Medical Journal
BMJ
BMJ is a partially open-access peer-reviewed medical journal. Originally called the British Medical Journal, the title was officially shortened to BMJ in 1988. The journal is published by the BMJ Group, a wholly owned subsidiary of the British Medical Association...
, written by Professor Robin Room, suggested "that the sale of cannabis should be licensed like cigarettes because banning it had not worked".
On 1 November 2010: Professor David Nutt publishes a paper which classes alcohol as being more dangerous than cannabis or heroin under a new 'points system'.
On 7 November 2010: Lord Taverne asked at question time in the House of Lords: "If the Government believes in evidence-based policy, is it not obvious in light of this [David Nutt's] report and many other reports that make similar conclusions that the present classification of Ecstasy in class A and cannabis in class B is not in any way based on evidence of the physical or the social impact?
On 10 November 2010: Cartrain
Cartrain
Cartrain , often stylised cartяain, is a British artist associated with the graffiti urban art movement. YBA artist Damien Hirst has threatened to take legal steps against Cartain over his art and activities.-Early life:...
manages to smuggle in and light up a joint
Joint (cannabis)
Joint is a slang term for a cigarette rolled using cannabis. Rolling papers are the most common rolling medium among industrialized countries, however brown paper, cigarettes with the tobacco removed, and newspaper are commonly used in developing countries. Modern papers are now made from a wide...
in the House of Commons, shouting "decriminalise cannabis" whilst being hauled out by the police.
On 16 December 2010, Bob Ainsworth
Bob Ainsworth
Robert William Ainsworth is a British Labour Party politician who has been the Member of Parliament for Coventry North East since 1992, and was the Secretary of State for Defence from 2009 to 2010...
, the former minister and Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
Parliamentary Under-Secretary
Under-Secretary of State for the Home Department
-Non-permanent and parliamentary under-secretaries, 1782-present:*April 1782: Evan Nepean*April 1782: Thomas Orde*July 1782: Henry Strachey*April 1783: George North*February 1784: Hon. John Townshend*June 1789: Scrope Bernard*July 1794: The Hon...
with responsibility for Drugs and Organised Crime explained why he thinks certain illicit substances should be legalised.
On the same day: Peter Lilley
Peter Lilley
Peter Bruce Lilley MP is a British Conservative Party politician who has been a Member of Parliament MP since 1983. He currently represents the constituency of Hitchin and Harpenden and, prior to boundary changes, represented St Albans...
, the former Tory deputy leader, said that he favoured legalising cannabis, while continuing the ban on hard drugs.
On 27 December 2010: Liam Smith labels Bob Ainsworth
Bob Ainsworth
Robert William Ainsworth is a British Labour Party politician who has been the Member of Parliament for Coventry North East since 1992, and was the Secretary of State for Defence from 2009 to 2010...
a "coward" for refusing to act when he had the power to do so. In defence Bob Ainsworth says: “If I had put forward the views that I was slowly developing as a minister then, I would have had to resign."
On 9 March 2011: The House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
"heard calls for the establishment of a royal commission to examine decriminalising drug use."
On 21 March 2011: "[The] War on drugs has failed, say former heads of MI5
MI5
The Security Service, commonly known as MI5 , is the United Kingdom's internal counter-intelligence and security agency and is part of its core intelligence machinery alongside the Secret Intelligence Service focused on foreign threats, Government Communications Headquarters and the Defence...
, CPS
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
and [the] BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
", who have helped create (with several Lords and MPs) "a new All-Party Parliamentary Group on Drug Policy Reform [that] are calling for new policies to be drawn up on the basis of scientific evidence."
On 2 June 2011: "Several high profile figures" "signed an open letter urging Prime Minister David Cameron to consider decriminalising drugs." (including Judi Dench, Sir Richard Branson, Sting, an ex-drugs minister and three former chief constables.)
On 14 June 2011: "A senior policeman in Brighton and Hove" said that "the government should consider decriminalising personal drug use." and "Brighton Pavilion MP Caroline Lucas said the “war on drugs has failed”."
On 29 June 2011: "During Prime Minister’s questions", "Liberal Democrat MP Julian Huppert
Julian Huppert
Julian Leon Huppert is a Liberal Democrat politician in the United Kingdom and Member of Parliament for Cambridge since 2010...
asked:" "Does the Prime Minister believe that drugs policy has been failing for decades, as he said in 2005, and does he agree that the Government should initiate a discussion of alternative ways including the possibility of legalisation regulation to tackle the global drugs dilemma as he voted for in 2002."
On 21 July 2011: Former MP, Evan Harris
Evan Harris
Evan Leslie Harris is a British Liberal Democrat politician. He was the Member of Parliament for Oxford West and Abingdon from 1997 to 2010, losing his seat in the 2010 general election by 176 votes to Conservative Nicola Blackwood....
, "said that every scientific advisor had agreed it was a good idea to declassify cannabis from category B to C. But because of a story in the Mail on Sunday, the Labour government broke the law."
On 27 July 2011: Liberal Democrat MP Julian Huppert
Julian Huppert
Julian Leon Huppert is a Liberal Democrat politician in the United Kingdom and Member of Parliament for Cambridge since 2010...
wrote "Britain's drug policy has failed" and "It's time for a radical overhaul"; affirming his belief(s).
United States
Federal
Colonel Joseph Franklin Siler, MD (1875-1960) U.S. Army , performed the first controlled clinical studies of marijuana use by soldiers. Siler et al., "Marihuana Smoking in Panama," The Military Surgeon, 73: 269-280, 1933.Cannabis is classified as a Schedule I drug under the federal Controlled Substances Act of 1970
Comprehensive Drug Abuse Prevention and Control Act of 1970
The Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236 , is a United States federal law that, with subsequent modifications, requires the pharmaceutical industry to maintain physical security and strict record keeping for certain types of drugs...
and is deemed to have a high potential for abuse and no legitimate medical uses. As such, it prohibits the possession, usage, purchase, sale, and/or cultivation of marijuana.
The federal common law has interpreted the numerous state laws on multiple occasions. The United States Supreme Court ruled in United States v. Oakland Cannabis Buyers' Coop and Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
that the federal government has the authority to regulate and criminalize cultivation and distribution of cannabis under the interstate commerce clause, as even purely intrastate sales will affect the market price in other states by altering nationwide supply and demand
Supply and demand
Supply and demand is an economic model of price determination in a market. It concludes that in a competitive market, the unit price for a particular good will vary until it settles at a point where the quantity demanded by consumers will equal the quantity supplied by producers , resulting in an...
patterns.
Despite the fact that alcohol causes more fatalities than cannabis, the use of cannabis remains illegal in the United States. Currently there are only 16 states that have legalized medical marijuana which include: Alaska, Arizona, Arkansas, California, Colorado, DC, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
California
In 1996 California voters passed Proposition 215, later renamed the Compassionate Use ActCalifornia Proposition 215 (1996)
Proposition 215, or the Compassionate Use Act of 1996, is a California law concerning the use of medical cannabis. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 votes in favor and 4,301,960 against.The proposition was a state-wide voter...
, by means of popular initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
. It allows patients with a valid doctor's recommendation, and the patient's designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. It was the first such law in the nation, and was followed by similar laws in Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
California state common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
has interpreted the initiative on multiple occasions. In 2007 the courts upheld a decision of a trial court in City of Garden Grove v. Superior Court to "[order] the Garden Grove Police Department to give [Felix Kha] back his marijuana" because "it is not the job of local police to enforce the federal drug law". In 2010 the California Supreme Court struck down limits on how much marijuana people could grow or possess in People v. Kelly, saying it's OK for people with doctors' permission to grow or possess "reasonable amounts".
In California there are designated shops for people who are permitted by law to purchase and use marijuana. Today there are even marijuana bakeries that make a wide variety of treats that range from chocolate bars to foods such as nachos and baked goods. These shops are made for people who have illnesses which allow them to purchase medical marijuana to go to if they do not wish to smoke in order to get the needed marijuana into their system.
Proposals
In early 2009, CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
state representative Tom Ammiano
Tom Ammiano
Tom Ammiano is an American politician and LGBT rights activist from San Francisco, California. Ammiano is a Democrat who has served as a member of the California State Assembly since 2008, representing the 13th district...
introduced a bill
Marijuana Control, Regulation, and Education Act
The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 and later Assembly Bill 2254 , is the first bill ever introduced to regulate the sale and use of marijuana in the U.S. state of California...
, titled Marijuana Control, Regulation, and Education Act
Marijuana Control, Regulation, and Education Act
The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 and later Assembly Bill 2254 , is the first bill ever introduced to regulate the sale and use of marijuana in the U.S. state of California...
, to legalize, regulate, and tax the recreational use of cannabis in California. According to the Wall Street Journal, Ammiano, a Democrat, estimates that marijuana legalization "would generate more than $1 billion annually for the cash-strapped state". Currently, marijuana is California's biggest cash crop, with annual sales reaching $14
billion. The bill "proposes a tax of $50 on an ounce of marijuana, which sells for a few hundred dollars on the street".
On January 16, 2009, a pair of bills (House Bill 2929 and Senate Bill 1801) were introduced into the Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
legislature. Its stated objectives are "the reduction of cannabis abuse, the elimination of marijuana-related crime and the raising of public revenue." The bill proposes an excise
Excise
Excise tax in the United States is a indirect tax on listed items. Excise taxes can be and are made by federal, state and local governments and are far from uniform throughout the United States...
on all cannabis sold that would range from $150 per ounce to $250 per ounce depending on the levels of THC present.
Multiple attempts at rescheduling cannabis at a federal level have failed in the past. In June 2009, the Personal Use of Marijuana by Responsible Adults Act of 2009
Personal Use of Marijuana by Responsible Adults Act of 2009
The Personal Use of Marijuana by Responsible Adults Act of 2009 is a bill in the United States House of Representatives introduced by Barney Frank on June 18, 2009 as . Its passage would eliminate federal criminal penalties for possession of up to and nonprofit transfer of up to an ounce of...
was introduced into the US House of Representatives by Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
co-sponsored by Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
and three other congressmen. If enacted, the bill "would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces)". This would effectively leave the legality of cannabis possession for states to decide.
In 2010, Proposition 19
California Proposition 19 (2010)
California Proposition 19 was a ballot initiative on the November 2, 2010 statewide ballot...
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
California state elections, November 2010
The California state elections, November 2010 were held on November 2, 2010.On a year marked by a strong Republican wave nationwide, the State of California elected Democrats to the state's top offices of Governor, Lieutenant Governor, State Controller, State Treasurer, Superintendent of Public...
. Rejected by 54% of voters, this initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It would also have allowed local governments to regulate and tax the newly created cannabis market. Supporters of the initiative received funding from many sources, most notably, a founder of Facebook.com and George Soros
George Soros
George Soros is a Hungarian-American business magnate, investor, philosopher, and philanthropist. He is the chairman of Soros Fund Management. Soros supports progressive-liberal causes...
.
On June 23, 2011, Congressmen Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-MA
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
) and Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-TX
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
) introduced a bill in the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
that would end the federal prohibition on the cultivation, sale, and use of marijuana. The bill would limit the federal government's role in marijuana regulation to international and interstate smuggling.
Debate
A September 2009 article in Fortune Magazine notes that PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
’s stance regarding marijuana, expressed by the U.S. Attorney General’s Office, has all but decriminalized its use in the United States. The U.S. Attorney General, Eric Holder, confirmed at a press conference that his Office would no longer subject individuals who were complying with state medical marijuana laws to federal drug raids and prosecutions. The article likens Obama’s policy toward marijuana, in terms of its eventual outcome, to the Twenty-First Amendment of the U.S. Constitution
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
, which repealed the federal prohibition on alcoholic beverage sales.
In an October 15, 2010 article, former Surgeon General of the United States
Surgeon General of the United States
The Surgeon General of the United States is the operational head of the Public Health Service Commissioned Corps and thus the leading spokesperson on matters of public health in the federal government...
, Joycelyn Elders voiced her support for legalization of marijuana:
- "I think we consume far more dangerous drugs that are legal: cigarette smoking, nicotine and alcohol," said Joycelyn Elders, the former surgeon general and a supporter of the measure. "I feel they cause much more devastating effects physically. We need to lift the prohibition on marijuana."
Uruguay
Uruguayan law and governments systematically agree that drug use should be considered a complex multifactorial issue. The law does not consider the user or consumer as the problem. Consequently, drug consumption is legal and is not criminalized in Uruguay. As of April 26, 2011, Cannabis is legal to grow in small amounts for home consumption. Instead, the law prohibits traffic, distribution and production. In general, police acts are oriented towards the reduction of large-scale drug trafficking. By contrast, the state takes a public health approach in regards to the population of users or potential users. These include offering free healthcare services at public events where drug consumption is likely to occur (e.g., rock concerts) and voluntary rehabilitation services. Policy is based on epidemiological evidence regarding demonstrable public harm. Thus, government efforts over the past decade to reduce drug consumption have been largely oriented towards tobacco and alcohol, and more recently coca-paste.Use of capital punishment against the cannabis trade
Several countries have either carried out or legislated capital punishmentCapital punishment for drug trafficking
In certain countries importing, exporting or even possession of illegal drugs is punishable by death.-Issues:There have been issues about having the death penalty for drug trafficking, including being framed with someone else putting drugs into another's luggage at airports...
for cannabis trafficking.
| Country | Status | Notes |
|---|---|---|
 Saudi Arabia |
Has been used | An Iraqi man named Mattar bin Bakhit al-Khazaali was convicted of smuggling hashish and was executed in the northern town of Arar, close to the Iraqi border. |
 Indonesia |
Has been used | In 1997, the Indonesian government under international pressure added the death penalty as a punishment for those convicted of drugs in their country. The law has yet to be enforced on any significant, well-established drug dealers. The former Indonesian President, Megawati Sukarnoputri Megawati Sukarnoputri In this Indonesian name, the name "Sukarnoputri" is a patronymic, not a family name, and the person should be referred to by the given name "Megawati".... announced Indonesia's intent to implement a fierce war on drugs in 2002. She called for the execution of all drug dealers. "For those who distribute drugs, life sentences and other prison sentences are no longer sufficient," she said. "No sentence is sufficient other than the death sentence." Indonesia's new president, Susilo Bambang Yudhoyono Susilo Bambang Yudhoyono Susilo Bambang Yudhoyono AC , is an Indonesian politician and retired Army general officer who has been President of Indonesia since 2004.... , also proudly supports executions for drug dealers. |
 Malaysia |
Has been used | Mustaffa Kamal Abdul Aziz, 38 years old, and Mohd Radi Abdul Majid, 53 years old, were executed at dawn on January 17, 1996, for the trafficking of 1.2 kilograms of cannabis. |
 Philippines |
No Longer Used | The Philippines abolished the death penalty on June 24, 2006. The Philippines introduced stronger anti-drug laws, including the death penalty Capital punishment Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally... , in 2002. Possession of over 500 grams of marijuana usually earned execution in the Philippines, as did possessing over ten grams of opium, morphine, heroin, ecstasy, or cocaine. Angeles City Angeles City The City of Angeles , located within the province of Pampanga in the Philippines, is locally classified as a first-class, highly-urbanized city. Its name is derived from El Pueblo de los Ángeles in honor of its patron saints, Los Santos Ángeles de los Custodios , and the name of its founder, Don... is often a mecca for Filipino cannabis users and cultivators, although enforcement has been inconsistent. |
 United Arab Emirates |
Sentenced | In the United Arab Emirates city of Fujairah Fujairah Fujairah is one of the seven emirates that make up the United Arab Emirates, and the only one on the Gulf of Oman in the country's east instead of Persian Gulf .-History:... , a woman named Lisa Tray was sentenced to death in December 2004, after being found guilty of possessing and dealing hashish. Undercover officers in Fujairah claim they caught Tray with 149 grams of hashish. Her lawyers have appealed the sentence. |
 Thailand |
Frequently Used | Death penalty is possible for drug offenses under Thai law. Extrajudicial killings also alleged. |
 Singapore |
Frequently Used | Death penalty carried out many times for cannabis trafficking. (July 20, 2004) A convicted drug trafficker, Raman Selvam Renganathan, 39, who stored 2.7 kilograms of cannabis or marijuana in a Singapore flat was hanged in Changi Prison Changi Prison Changi Prison is a prison located in Changi in the eastern part of Singapore.-First prison and POW camp:... . He was sentenced to death September 1, 2003 after an eight-day trial. (The Straits Times, July 20, 2004). |
 People's Republic of China |
Frequently Used | Death penalty is exercised regularly for drug offenses under Chinese law, often in an annual frenzy corresponding to the United Nations' International Day Against Drug Abuse and Illicit Drug trafficking. The government does not make precise records public, however Amnesty International estimates that around 500 people are executed there each year for drug offenses. Those executed have typically been convicted of smuggling or trafficking in anything from cannabis to methamphetamine. |
 United States |
Constitutionality untested, never imposed | While current U.S. Federal law allows for the punishment of death for those who have extraordinary amounts of the drug (60,000 kilograms or 60,000 plants) or are part of a continuing criminal enterprise in smuggling contraband which nets over $20 million, the United States Supreme Court has held that no crimes other than murder and treason can constitutionally carry a death sentence (Coker v. Georgia Coker v. Georgia Coker v. Georgia, , held that the Eighth Amendment to the United States Constitution forbade the death penalty for the crime of rape of a woman.-Facts:... and Kennedy v. Louisiana Kennedy v. Louisiana Kennedy v. Louisiana, 554 U.S. 407 was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state... ) |
Non-drug purposes
Hemp
Hemp is mostly used as a name for low tetrahydrocannabinol strains of the plant Cannabis sativa, of fiber and/or oilseed varieties. In modern times, hemp has been used for industrial purposes including paper, textiles, biodegradable plastics, construction, health food and fuel with modest...
is the common name for cannabis and is the English term used when this annual herb is grown for non-drug purposes. These include industrial purposes for which cultivation licenses may be issued in the European Union (EU)
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. When grown for industrial purposes hemp is often called industrial hemp, and a common product is fibre for use in a variety of different ways. Fuel
Fuel
Fuel is any material that stores energy that can later be extracted to perform mechanical work in a controlled manner. Most fuels used by humans undergo combustion, a redox reaction in which a combustible substance releases energy after it ignites and reacts with the oxygen in the air...
is often a by-product of hemp cultivation.
Hemp may be grown also for food (the edible seeds), though in the UK Defra (the UK's Department for the Environment, Food and the Rural Affairs) will not issue cultivation licenses for this purpose, treating it as a non-food crop, though the seed appears on the UK market as a food product.
In the UK hemp seed and fibre have always been perfectly legal products. Cultivation for non drug purposes was however completely prohibited from 1928 until circa 1998, when Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
industrial-purpose licenses became available under the Misuse of Drugs Act 1971
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
.
Industrial strains intended for legal use within the EU are bred to comply with regulations limiting THC content to 0.2%. (THC content is a measure of the herb's drug potential and can reach 25% or more in drug strains).
See also
- Adult lifetime cannabis use by countryAdult lifetime cannabis use by countryAdult lifetime cannabis use by country refers to the lifetime prevalence of cannabis use among all adults in surveys among the general population. Lifetime prevalence means any use during a person’s life. Unless another reference is indicated all the data comes from the European Monitoring Centre...
- Annual cannabis use by countryAnnual cannabis use by countryThis is a list of countries by the annual prevalence of cannabis use as a percentage of the population aged 15–64...
- Cannabis reform at the international levelCannabis reform at the international levelCannabis reform at the international level refers to efforts to ease restrictions on cannabis use under international treaties. Most cannabis reform organizations do not spend a great deal of resources on international cannabis reform, since success would require governmental assistance that has so...
- Health issues and the effects of cannabisHealth issues and the effects of cannabisThe effects of cannabis are caused by cannabinoids, most notably the chemical substance tetrahydrocannabinol . Cannabis has both psychological and physiological effects on the human body...
- Illegal drug tradeIllegal drug tradeThe illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
- Legal and medical status of cannabisLegal and medical status of cannabisCannabis is in Schedule IV of the Single Convention on Narcotic Drugs, making it subject to special restrictions. Article 2 provides for the following, in reference to Schedule IV drugs:...
- Legal history of cannabis in the United States
- Legality of cannabis by country
- Single Convention on Narcotic DrugsSingle Convention on Narcotic DrugsThe Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
- Cannabis Social ClubCannabis Social ClubA Cannabis Social Club is a concept of the pan-European non-government organization ENCOD conceived in 2005 as a way to enable legal production and distribution of cannabis for adults...
- 1946 Lake Success Protocol1946 Lake Success ProtocolThe Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925, and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936 was a treaty, signed on December 11, 1946...
- International Narcotics Control BoardInternational Narcotics Control BoardThe International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
Further reading
- Reefer MadnessReefer Madness (2003 book)Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market is a book written by Eric Schlosser and published in 2003. The book is a look at the three pillars of the underground economy of the U.S., estimated by Schlosser to be ten percent of American GDP: marijuana, migrant labor, and...
, a 2003 book by Eric SchlosserEric SchlosserEric Schlosser is an American journalist and author known for investigative journalism, such as in his books Fast Food Nation, Reefer Madness and Chew On This.- Personal History :...
, detailing the history of marijuana laws in the United States. - The Emperor Wears No ClothesThe Emperor Wears No ClothesThe Emperor Wears No Clothes is a book written by Jack Herer. Starting in 1973, Jack Herer took the advice of his friend "Captain" Ed Adair and began compiling tidbits of information about cannabis and its numerous uses. After a dozen years of collecting and compiling historical data, Herer first...
, a 1985 book by Jack HererJack HererJack Herer was an American cannabis activist and the author of The Emperor Wears No Clothes, a book which has been used in efforts to decriminalize cannabis.-Biography:...
, the Authoritative Historical Record of Cannabis and the Conspiracy Against Marijuana. - Hemp For VictoryHemp for VictoryHemp for Victory is a black-and-white United States government film made during World War II, explaining the uses of hemp, encouraging farmers to grow as much as possible.- History :...
External links
- European laws on possession of cannabis for personal use from EMCDDAEuropean Monitoring Centre for Drugs and Drug AddictionThe European Monitoring Centre for Drugs and Drug Addiction is an agency of the European Union. Established in 1993, the EMCDDA is located in Lisbon, Portugal.-Mission and role:...
- National Organization for the Reform of Marijuana Laws (NORML)
- Australian laws on possession of cannabis for personal use
- Interactive map of the legal status of cannabis by country