Asia Philippines Senator
Bato dela Rosa, despite having the reputation of leading the
deadly war on drugs during the presidency of
Rodrigo Duterte as chief of the
Philippine National Police, filed a bill in the
senate in November 2022 proposing the decriminalization of illegal drug use. This bid was an attempt to deal with
prison overcrowding and underutilization of drug rehabilitation centers. While the proposal do not include drug trafficking and manufacturing, the bill was met with opposition from law enforcement agencies who believes it would send a "wrong signal" and encourage drug abuse. The
Department of Health has supported the proposal.
Thailand "A committee tasked with controlling illegal drugs has won a majority vote to have cannabis and hemp reclassified as narcotics, and the listing will take effect on" 1 January 2024, according to media. Although
Thailand has a strict
drug policy, in May 2018, the Cabinet approved draft legislation that allows for more research into the effects of marijuana on people. Thus, the Government Pharmaceutical Organization (GPO) will soon begin clinical trials of marijuana as a preliminary step in the production of drugs from this plant. These medical studies are considered exciting, new landmarks in the history of Thailand, because the manufacture, storage, and use of marijuana has been completely outlawed in Thailand since 1979. On 9 November 2018, the
National Assembly of Thailand officially proposed to allow licensed medical use of marijuana, thereby legalizing what was previously considered a dangerous drug. The National Assembly on Friday submitted its amendments to the Ministry of Health, which would place marijuana and vegetable kratom in the category allowing their licensed possession and distribution in regulated conditions. The ministry reviewed the amendments before sending them to the cabinet, which returned it to the National Assembly for a final vote. This process was completed on 25 December 2018. Thus, Thailand became the first Asian country to legalize medical
cannabis. These changes did not allow recreational use of drugs. These actions were taken because of the growing interest in the use of marijuana and its components for the treatment of certain diseases. Cannabis became decriminalized in Thailand on 9 June 2022, making recreational use also legal, although smoking in public can still incur penalties due to being considered a public nuisance. Supporters of legalization argue that the legal market for marijuana in Thailand could increase to $5 billion by 2024.
Europe Czech Republic Marijuana In the Czech Republic, until 31 December 1998 only drug possession "for other person" (i.e. intent to sell) was criminal (apart from production, importation, exportation, offering or mediation, which was and remains criminal) while possession for personal use remained legal. The judicial practice came to the conclusion that the "amount larger than small" must be five to ten times larger (depending on drug) than a usual single dose of an average consumer. On 14 December 2009, the
Government of the Czech Republic adopted Regulation No. 467/2009 Coll., that took effect on 1 January 2010, and specified what "amount larger than small" under the Criminal Code meant, effectively taking over the amounts that were already established by the previous judicial practice. According to the regulation, a person could possess up to 15 grams of marijuana or 1.5 grams of heroin without facing criminal charges. These amounts were higher (often many times) than in any other European country, possibly making the Czech Republic the most liberal country in the
European Union when it comes to drug liberalization, apart from Portugal. Under the Regulation No. 467/2009 Coll, possession of the following amounts or less of illicit drugs was to be considered smaller than large for the purposes of the Criminal Code and was to be treated as a misdemeanor subject to a fine equal to a parking ticket: •
Marijuana 15 grams (or five plants) •
Hashish 5 grams •
Magic mushrooms 40 pieces •
Peyote 5 plants •
LSD 5 tablets •
Ecstasy 4 tablets •
Amphetamine 2 grams •
Methamphetamine 2 grams •
Heroin 1.5 grams •
Coca 5 plants •
Cocaine 1 gram In 2013, a District Court in
Liberec was deciding a case of a person that was accused of criminal possession for having 3.25 grams of methamphetamine (1.9 grams of straight methamphetamine base), well over the Regulation's limit of 2 grams. The court considered that basing a decision on mere Regulation would be unconstitutional and in breach of Article 39 of the
Czech Charter of Fundamental Rights and Freedoms which states that "only a law may designate which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them" and proposed to the
Constitutional Court to abolish the Regulation. In line with the District Courts' argument, the Constitutional Court abolished the Regulation effective from 23 August 2013, noting that the "amount larger than small" within the meaning of the Criminal Code may be designated only by the means of an Act of Parliament, and not a Governmental Regulation. Moreover, the Constitutional Court further noted that the Regulation merely took over already existing judicial practice of interpretation of what constitutes "amount larger than small" and thus its abolishment will not really change the criminality of drug possession in the country. Thus, the above-mentioned amounts from the now-not-effective Regulation remained as the base for consideration of police and prosecutors, while courts are not bound by the precise grammage. "Small" amounts remained subject to administrative fines (on par with a parking violation). Medical use of cannabis on prescription has been legal and regulated since 1 April 2013. Beginning 2026, cultivation of 3 plants and possession of 100g (at home) / 25g (in a public setting) of marijuana was legalised. Cultivation of up to 5 plants and possession of up to 200g at home is treated as civil infraction subject to administrative fine (on par with a parking violation), while larger amounts remain criminal. Sale or procurement of marijuana for other person remains criminal notwithstanding the amount (weight).
Psilocybin Beginning 2026,
psilocybin was authorized for medical use. Doctors will be able to presribe it for treatment of severe depression, addiction, existential distress in cancer patients or patients with post-traumatic stress disorder.
France Following a contentious debate France opened its first
supervised injection centre on 11 October 2016.
Marisol Touraine, the Minister of Health, declared that the centre, located near the
Gare du Nord in Paris, was "a strong political response, for a pragmatic and responsible policy that brings high-risk people back towards the health system rather than stigmatizing them."
Germany In 1994, the
Federal Constitutional Court ruled that drug addiction was not a crime, nor was the possession of small amounts of drugs for personal use. In 2000, Germany's
Narcotic Drugs Act (BtMG) was changed to allow for supervised drug injection rooms. In 2002, a pilot study was started in seven German cities to evaluate the effects of
heroin-assisted treatment on addicts, compared to methadone-assisted treatment. The positive results of the study led to the inclusion of heroin-assisted treatment into the services of the mandatory health insurance in 2009. On 4 May 2016, the
Cabinet of Germany decided to approve the measure for legal cannabis for seriously ill patients who have consulted with a doctor and "have no therapeutic alternative". German Health Minister,
Hermann Gröhe, presented the legal draft on the legalization of medical cannabis to the cabinet which took effect in March 2017. The
Cannabis Act took effect in 2024.
Ireland On 2 November 2015, Aodhán Ó Ríordáin, the minister in charge of the National Drugs Strategy, announced that Ireland planned to introduce supervised injection rooms. The minister also referenced that possession of controlled substances will be decriminalized although supply and production will remain criminalized. On 12 July 2017, the Health Committee of the Irish government rejected a bill that would have legalized medical cannabis.
Netherlands The drug policy of the
Netherlands is based on two principles: (1) drug use is a
public health issue, not a
criminal matter, and (2) a distinction between
hard and soft drugs exists. Additionally, a policy of non-enforcement has led to a situation where reliance upon non-enforcement has become common; because of this, the courts have ruled against the government when individual cases were prosecuted. Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still
misdemeanors, punishable by fine.
Cannabis coffee shops are also illegal according to the statutes.
Norway On 14 June 2010, the Stoltenberg commission recommended implementing heroin assisted treatment and expanding harm reduction measures. On 18 June 2010,
Knut Storberget,
Minister of Justice and the Police, announced that the ministry was working on new drug policy involving decriminalization by the Portugal model, which was to be introduced to parliament before the next general election. Storberget later changed his statements, saying the decriminalization debate is "for academics", instead calling for coerced treatment. In early March 2013, minister of health and care services
Jonas Gahr Støre proposed to decriminalize the inhalation of heroin by 2014 as a measure to decrease drug overdoses. In 2011, there were 294 fatal overdoses, in comparison to only 170 traffic related deaths. As of 21 July 2022, drug decriminalisation has not materialised in Norway. As of this date, only those who have substance use disorders may go unpunished if the amount of illegal drugs they have meets the criteria of what is deemed an amount for personal use.
Portugal In 2001,
Portugal became the first European country to abolish all criminal penalties for personal drug possession, under Law 30/2000. In addition, drug users were to be provided with
therapy rather than prison sentences. Research commissioned by the
Cato Institute and led by
Glenn Greenwald found that in the five years after the start of decriminalization, illegal drug use by teenagers had declined, the rate of
HIV infections among drug users had dropped, deaths related to heroin and similar drugs had been cut by more than half, and the number of people seeking treatment for drug addiction had doubled. Peter Reuter, a professor of criminology and public policy at the
University of Maryland, College Park, suggested that the heroin usage rates and related deaths may have been due to the cyclical nature of drug epidemics. In 2009, he stated that "decriminalization in Portugal has met its central goal. Drug use did not rise."
Ukraine The use of
marijuana in
Ukraine is not prohibited, but the manufacture, storage, transportation and sale of cannabis and its derivatives are under administrative and criminal liability. Speaking on the legalization of soft drugs in Ukraine has been going on for a long time. In June 2016, the Parliament received a bill on the legalization of marijuana for medical purposes. It dealt with changes to the current act "On narcotic drugs, psychotropic substances and precursors" and was registered number 4533. The document must examine the relevant committee, and then submit it to the government. It was expected that this would happen in the fall of 2016, but the bill was not considered. In October 2018, a petition appeared on the website of electronic appeals to the President of Ukraine asking for the legalization of marijuana. In October 2018, the State Service of Ukraine on Drugs and Drug Control issued the first license for the import and re-export of raw materials and products derived from cannabis. The corresponding licenses were obtained by the USA company C21. The company is also in the process of applying for additional licenses, including the cultivation of cannabis.
Latin America In the late 2000s and early 2010s, advocacy for drug legalization has increased in
Latin America. Spearheading the movement
Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes. Some countries in this region have already advanced towards depenalization of personal consumption.
Argentina In August 2009, the
Supreme Court of Argentina declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use – "adults should be free to make lifestyle decisions without the intervention of the state". The decision affected the second paragraph of Article 14 of the country's drug control legislation (Law Number 23,737) that punishes the possession of drugs for personal consumption with prison sentences ranging from one month to two years (although education or treatment measures can be substitute penalties). The unconstitutionality of the article concerns cases of drug possession for personal consumption that does not affect others.
Brazil In 2002 and 2006, Brazil went through legislative changes, resulting in a partial decriminalization of possession for personal use. Prison sentences no longer applied and were replaced by educational measures and community services; however, the 2006 law does not provide objective means to distinguish between users or traffickers. A disparity exists between the decriminalization of drug use and the increased penalization of selling drugs, punishable with a maximum prison sentences of 5 years for the sale of very minor quantities of drugs. Most of those incarcerated for drug trafficking are offenders caught selling small quantities of drugs, among them drug users who sell drugs to finance their drug habits. Since 2006, there has been a long debate whether the anti-drug law goes against the Constitution and principle of personal freedom. In 2009, the Supreme Federal Court re-opened to vote if the law is Constitutional, or if it goes against the Constitution specifically against personal Freedom of choice. Since each Minister inside the tribunal can take a personal time to evaluate the law, the voting can take years. In fact, the voting was re-opened in 2015, 3 ministers voted in favor, and then the law was again paused by another minister.
Colombia Guatemalan President
Otto Pérez Molina and Colombian President
Juan Manuel Santos proposed the legalization of drugs in an effort to counter the failure of the
war on drugs, which was said to have yielded poor results at a huge cost. On 25 May 2016, the Colombian congress approved the legalization of marijuana for
medical usage.
Costa Rica Costa Rica has decriminalized drugs for personal consumption. Manufacturing or selling drugs is still a jailable offense.
Ecuador According to the
2008 Constitution of Ecuador, in its Article 364, the Ecuadorian state does not see drug consumption as a crime but only as a health concern. Since June 2013, the state drugs regulatory office CONSEP has published a table which establishes maximum quantities carried by persons so as to be considered in legal possession and that person as not a seller of drugs. The "CONSEP established, at their latest general meeting, that the following quantities be considered the maximum consumer amounts: 10 grams of marijuana or hash, 4 grams of opiates, 100 milligrams of heroin, 5 grams of cocaine, 0.020 milligrams of LSD, and 80 milligrams of methamphetamine or MDMA".
Honduras On 22 February 2008, Honduras President
Manuel Zelaya called on the United States to legalize drugs in order to prevent the majority of violent murders occurring in Honduras. Honduras is used by
cocaine smugglers as a transiting point between
Colombia and the US. Honduras, with a population of 7 million affected people an average of 8–10 murders a day, with an estimated 70% being as a result of this international drug trade. According to Zelaya, the same problem is occurring in
Guatemala,
El Salvador,
Costa Rica, and
Mexico.
Mexico In April 2009, the Mexican Congress approved changes in the General Health Law that decriminalized the possession of illegal drugs for immediate consumption and personal use allowing a person to possess up to 5 g of marijuana or 500 mg of cocaine. The only restriction is that people in possession of drugs should not be within a 300-meter radius of schools, police departments, or correctional facilities. Opium, heroin, LSD, and other synthetic drugs were also decriminalized, it will not be considered as a crime as long as the dose does not exceed the limit established in the General Health Law. Many question this, as cocaine is as much synthesised as heroin, both are produced as extracts from plants. The law establishes very low amount thresholds and strictly defines personal dosage. For those arrested with more than the threshold allowed by the law this can result in heavy prison sentences, as they will be assumed to be small traffickers even if there are no other indications that the amount was meant for selling.
Uruguay Uruguay is one of few countries that never criminalized the possession of drugs for personal use. Since 1974, the law establishes no quantity limits, leaving it to the judge's discretion to determine whether the intent was personal use. Once it is determined by the judge that the amount in possession was meant for personal use, there are no sanctions. In June 2012, the Uruguayan government announced plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes. The government also stated that they will ask global leaders to do the same. On 31 July 2013, the Uruguayan House of Representatives approved a bill to legalize the production, distribution, sale, and consumption of marijuana by a vote of 50 to 46. The bill then passed the Senate, where the left-leaning majority coalition, the
Broad Front, held a comfortable majority. The bill was approved by the Senate by 16 to 13 on 10-December-2013. The bill was presented to the President
José Mujica, also of the Broad Front coalition, who has supported legalization since June 2012. Relating this vote to the 2012 legalization of marijuana by the U.S. states Colorado and Washington, John Walsh, drug policy expert of the
Washington Office on Latin America, stated that "Uruguay's timing is right. Because of last year's Colorado and Washington State votes to legalize, the U.S. government is in no position to browbeat Uruguay or others who may follow." In July 2014, government officials announced that part of the implementation of the law (the sale of cannabis through pharmacies) is postponed to 2015, as "there are practical difficulties". Authorities will grow all the cannabis that can be sold legal. Concentration of THC shall be 15% or lower. In August 2014, an opposition presidential candidate, who was not elected in the November 2014 presidential elections, claimed that the new law was never going to be applied, as it was not workable. By the end of 2016 the government announced that the sale through pharmacies will be fully implemented during 2017.
North America Canada The cultivation of
cannabis is currently legal in
Canada, except in
Manitoba and
Quebec. Citizens outside those provinces may grow up to four plants per residence for personal use, and recreational use of cannabis by the general public is legal with restrictions on smoking in public locations that vary by jurisdiction. The sale of marijuana
seeds is also legal. In 2001,
The Globe and Mail reported that a poll found 47% of Canadians agreed with the statement, "The use of marijuana should be legalized" in 2000, compared to 26% in 1975. A more recent poll found that more than half of Canadians supported legalization. In 2007, Prime Minister
Stephen Harper's government tabled Bill C-26 to amend the
Controlled Drugs and Substances Act, 1996 to bring forth a more restrictive law with higher minimum penalties for drug crimes. Bill-26 died in committee after the dissolution of the
39th Canadian Parliament in September 2008, but the Bill was subsequently resurrected by the government twice. In 2015, Prime Minister
Justin Trudeau and the
Liberal Party of Canada campaigned on a promise to legalize marijuana. The
Cannabis Act was passed on 19 June 2018, which made marijuana legal across Canada on 17 October 2018. Since legalization, the country has set up an online framework to allow consumers to purchase a wide variety of merchandise ranging from herbs, extract, oil capsules, and paraphernalia. Most provinces also provide a venue for purchase through physical brick and mortar stores. In 2021, the city councils of
Vancouver and
Toronto voted to decriminalize the simple possession of all drugs; and submitted proposals requesting special exemption from the federal Health Minister to do so, citing numerous scientific, psychological, medical, and socio-economic benefits. In early 2022, the
Province of British Columbia submitted its own request for exemption, closely following the Vancouver model. By April of that year, the
Edmonton City Council had also passed a motion to request exemption from federal drug enforcement laws in order decriminalize "simple personal possession" of illegal drugs, voting in favour 11–2. On 31 May 2022, the federal government of Canada approved British Columbia's proposal to decriminalize all "hard drugs", such as heroin, fentanyl, cocaine, and methamphetamine. As of 1 January 2023, British Columbians aged 18 years or older are allowed to carry up to a cumulative total of 2.5 grams of these substances without the risk of arrest or criminal charges. Police are not to confiscate the drugs, and there is no requirement that people found to be in possession seek treatment; however, the production, trafficking, and exportation of these drugs remain illegal.
United States As of 2024, prior to November elections, 38 states, Washington, D.C., and certain U.S. territories allow medical use of cannabis. Of those 38 states, 24 also allow recreational use, as does Washington, D.C. Voters in North and South Dakota and Florida will decide on recreational use in November, and Nebraskans will vote on cannabis use for medical reasons. Legalization in states created significant legal and policy tensions between federal and state governments and sometimes between states. State laws in conflict with federal law about cannabis remain valid, and prevent state level prosecution, despite cannabis being illegal under federal law, as determined in
Gonzales v. Raich (2005). Throughout the United States, various people and groups have been pushing for the legalization of marijuana for medical reasons. Organizations such as
NORML and the
Marijuana Policy Project work to decriminalize and legalize possession, use, cultivation, and sale of marijuana by adults. In 1996, 56% of
California voters voted for
California Proposition 215, legalizing the growing and use of marijuana for medical purposes and making California both the first state to outlaw marijuana, in 1913, and the first state to legalize medical marijuana. On 6 November 2012, the states of
Washington and
Colorado legalized possession of small amounts of marijuana for private recreational use and created a process for writing rules for legal growing and commercial distribution of marijuana within each state, after having legalized medical cannabis in 1998 and 2000, respectively. In 2014, voters in
Oregon,
Alaska, and
Washington, D.C. voted to legalize marijuana for recreational use, as did California in 2016, with the passage of
California Proposition 64, and
Michigan in 2018. In 2019,
Illinois passed the Illinois Cannabis Regulation and Tax Act, making Illinois the first state to legalize recreational use by an act of the state legislature, which took effect 1 January 2020. In 2020, Oregon decriminalized the possession of all drugs in
Measure 110, but in 2024, the Oregon State Senate passed a bill to reverse the decriminalization of hard drugs such as heroin after there was public backlash to the impacts of the measure. In 2021,
New York legalized adult-use cannabis when it passed the
Marijuana Regulation and Taxation Act (MRTA).
Oceania Australia In 2016, Australia legalised medicinal cannabis on a federal level. Since 1985, the Federal Government has run a declared war on drugs and while initially Australia led the world in '
harm-minimization' approach, they have since lagged. Australia has a number of political parties that focus on cannabis reform, The
(HEMP) Help End Marijuana Prohibition Party was founded in 1993 and registered by the
Australian Electoral Commission in 2000. The
Legalise Cannabis Queensland Party was established in 2020. A number of Australian and international groups have promoted reform in regard to 21st-century Australian drug policy. Organisations such as Australian Parliamentary Group on Drug Law Reform, Responsible Choice, the Australian Drug Law Reform Foundation,
Norml Australia,
Law Enforcement Against Prohibition (LEAP) Australia and Drug Law Reform Australia advocate for drug law reform without the benefit of government funding. The membership of some of these organisations is diverse and consists of the general public, social workers, lawyers and doctors, and the
Global Commission on Drug Policy has been a formative influence on a number of these organisations. In 1994, the
Australian National Task Force on Cannabis formed under the Ministerial Council on Drug Strategy noted that the social harm of cannabis prohibition is greater than the harm from cannabis itself, total prohibition policies have been unsuccessful in reducing drug use and have caused significant social harm, as well as higher law enforcement costs, the use of cannabis is widespread in Australia and that its adverse health effects are modest and only affect a minority of users. In 2012, the
think tank Australia 21, released a report on the decriminalization of drugs in Australia. It noted that "by defining the personal use and possession of certain psychoactive drugs as criminal acts, governments have also avoided any responsibility to regulate and control the quality of substances that are in widespread use." "Prohibition has fostered the development of a criminal industry that is corrupting civil society and government and killing our children." with the commission ultimately recommending that the Queensland government legalise cannabis. The QPC said the system had also fuelled an illegal market, particularly for methamphetamine. Although the
Palaszczuk Queensland Labor Party led
state government rejected the recommendations of its own commission and said it had no plans to alter any laws around cannabis, a decision that received heavy scrutiny from supporters of decriminalization, legalisation, progressive and non progressive drug policy advocates alike. In 2019, The
Royal Australasian College of Physicians (RACP) and St. Vincent's Health Australia called on the NSW Government to publicly release the findings of the Special Commission of Inquiry into the Drug 'Ice, saying there was "no excuse" for the delay. The report was the culmination of months of evidence from health and judicial experts, as well as families and communities affected by amphetamine-type substances across NSW. The report made 109 recommendations aimed to strengthen the NSW Governments response regarding amphetamine-based drugs such as crystal meth or ice. Major recommendations included more supervised drug use rooms, a prison
needle and syringe exchange program, state-wide clinically supervised substance testing, including mobile pill testing at festivals, decriminalisation of drugs for personal use, a cease to the use of drug detection dogs at music festivals and to limit the use of strip searches. The report, also called for the NSW Government to adopt a comprehensive Drug and Alcohol policy, with the last drug and Alcohol policy expiring over a decade ago. The reports commissioner said the state's approach to drug use was profoundly flawed and said reform would require "political leadership and courage" and "Criminalising use and possession encourages us to stigmatise people who use drugs as the authors of their own misfortunate". Mr Howard said current laws "allow us tacit permission to turn a blind eye to the factors driving most problematic drug use" including childhood abuse, domestic violence and mental illness. The NSW government rejected the reports key recommendations, saying it would consider the other remaining recommendations. Director of the Drug Policy Modelling Program (DPMP) at UNSW Sydney's Social Policy Research Centre said the NSW Government has missed an opportunity to reform the state's response to drugs based on evidence. The NSW Government is yet to officially respond to the inquiry as of November 2020, a statement was released from the government citing intention to respond by the end of 2020. In the
Australian Capital Territory, after a bill was passed on 25 September 2019, new laws came into effect on 31 January 2020. While personal possession and growth of small amounts of cannabis remains prohibited non-medicinal purposes in every other jurisdiction in Australia, it allowed for possession of up to 50 grams of dry material, 150 grams of wet material, and cultivation of 2 plants per individual up to 4 plants per household, effectively legalising the possession and growing of cannabis in the ACT; however the sale and supply of cannabis and cannabis seeds is still illegal, so the effects of the laws are limited and the laws also contradict federal laws. It is also still illegal to smoke or use cannabis in a public place, expose a child or young person to cannabis smoke, store cannabis where children can reach it, grow cannabis using hydroponics or artificial cultivation, grow plants where they can be accessed by the public, share or give cannabis as a gift to another person, to drive with any cannabis in your system, or for people aged under 18 to grow, possess, or use cannabis. In October 2023, the Australian Capital Territory became the first territory in the country to decriminalize the possession of hard drugs. The law was passed in 2022 by the Legislative Assembly. Under the law, people found with small amounts of illicit drugs would be cautioned, fined or referred to a drug diversion program.
New Zealand On 18 December 2018, the
Labour-led government announced a
nationwide, binding referendum on the legality of cannabis for personal use, set to be held as part of the
2020 general election. This was a condition of the
Green Party giving
confidence and supply to the Government. On 7 May 2019, the government announced that the
2020 New Zealand cannabis referendum would be a yes/no question to enact a yet-to-be created piece of legislation. Despite the earlier commitment, the referendum was non-binding, the proposed Cannabis Legalisation and Control Bill would have need to be introduced into Parliament and passed like any other piece of legislation; therefore, the government was not in fact bound to the results of the referendum. Official results for the general election and referendums were released on 6 November 2020. The number opposed to legalisation was 50.7% with 48.4% in favour and 0.9% of votes were declared Informal. ==Groups advocating change==