Legalizing cannabis in Europe

Updated: 22/05/2024

In which countries is cannabis legal in Europe today? While the United States has largely taken the plunge, the Old Continent is lagging behind when it comes to drug policy reform. As popular initiatives are largely restricted in the European Union, a paradigm shift around cannabis has to involve government projects and the more or less tacit agreement of the national population.

In a statement on June 4, 2015, the European Monitoring Centre for Drugs and Drug Addiction announced, for example, that it did not believe in the legalization of cannabis in Europe such as what is currently happening in the United States, and that he knew of no European government that was about to address the issue. Since then, the cannabis laws in Europe have largely evolved, and Europe has largely decriminalized cannabis, with some initiatives to legalize it.

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• Countries where cannabis is legal in Europe
• Countries where cannabis is decriminalized in Europe
• Countries where cannabis is illegal in Europe
• Countries where medical cannabis is legal in Europe

Countries where cannabis is legal in Europe

Malta Malta is the first European country to end prohibition of cannabis. The country has adopted a non-commercial approach, allowing self-cultivation and a system of Cannabis Social Clubs with up to 500 members each.

Medical cannabis is legal here, and the country has made itself attractive to investors for the production of medical cannabis.

Luxembourg Since 2001, the consumption and possession of small quantities of cannabis for personal use has been punishable only by fines or administrative penalties. However, any activity related to its trade is punishable by imprisonment and heavy fines.

In 2022, the voted to legalize cannabis, The country's intention was only to legalize simple use (self-cultivation + personal use). The country only intended to legalize simple use (self-cultivation + personal use), without initially setting up a system for selling cannabis, apart from seeds or cuttings.

Germany: Since February 2024, personal use of the cannabis is legal in Germany. Germans can now cultivate at home, possess defined quantities of cannabis and join Cannabis Clubs, which open in July 2024. For the time being, the legalization of cannabis in Germany does not include the sale of cannabis and therefore no stores.

Before that, Germany had a rather peculiar prohibition regime. Cannabis was illegal, while consumption was considered to be self-mutilation, which is not a crime under German law. In fact, charges for possession of small quantities were almost always dropped. The definition of «small quantity» depends on each Land: the Land of Berlin allows up to 15 grams, while most Länder tolerate 6 grams.

It was also possible to obtain special permission from the Federal Institute linked to the Ministry of Health to «obtain, possess and consume cannabis under medical supervision». Since January 2015, 240 patients have obtained this permission. Cannabis cultivation is authorized for certain institutions or administrative bodies. Pharmacies can obtain permission to sell cannabis or cannabis-based medicines.

L’Germany has legalized medical cannabis in 2017.

Countries where cannabis is decriminalized in Europe

Austria Austria's penal code makes a distinction between personal consumption and trafficking, the idea being to focus police efforts on the illegal trade. As a result, personal consumption is largely tolerated and does not lead to prosecution. Prior to the reform of the anti-drug law, the qualification of the latter was quantitative, with a limit set at 2g of pure THC. Since 2008, however, the quantity no longer matters, and convictions are based on alternative grounds (intent to distribute, sale). Penalties in such cases depend on aggravating factors, and range from a fine to imprisonment on a scale of 6 months to 20 years. The definition of distribution remains very strict, and spinning a joint between friends can be considered an offence. A legal oddity also allows the cultivation of an unlimited quantity of cannabis, provided the plants are not in flower.

Belgium Since 2003, a policy of tolerance has allowed consumers to possess up to 3 grams or one plant without being prosecuted or fined. A change in the law in 2005 provides for a simplified penalty for cases where the consumer is of legal age and the offence is not socially problematic. A first offence can result in a fine of between 15 and 25 euros, rising in the event of a repeat offence in the same year to 100 euros and 8 days to one month's imprisonment. The degree of tolerance varies according to region and government: in 2014 the Michel government marked a return to zero tolerance. Since then, possession of less than 3 grams or a plant for personal use has been punishable only by a simplified fine and confiscation, without prosecution.

Croatia Since 2013, possession of a small quantity of cannabis has become a misdemeanor punishable by up to €500. Seized cannabis must be confiscated. Growing or selling cannabis is a crime punishable by a minimum prison sentence of 3 years. The use of medical cannabis in Croatia was authorized on October 15, 2015.

Denmark Cannabis offences are punishable by fines or imprisonment for up to 2 years. Despite this coercion, Christiania, a self-declared «free city», is known for its cannabis trade. The police often intervene on the outskirts of Christiania, but regularly clash with local residents who have always campaigned for the decriminalization of cannabis. Until 2005, Christiania freely sold cannabis and its by-products (bongs, grinders, oils, hashish, etc.). The state then embarked on a policy of cleaning up the area, with varying degrees of success. Denmark launched a 4-year medical cannabis trial to test its effectiveness and began a decriminalization of all drugs.

Spain Cultivation on private property for personal consumption and consumption by adults in a private space are authorized. There are over 500 private cannabis clubs, the equivalent of cigar clubs, including 200 in Barcelona, now wrongly dubbed the «new Amsterdam» and a top destination for cannabis tourists. Visit Cannabis Social Clubs of Barcelona are groups of growers who pool their production resources to produce a crop of weed. Technically, you don't buy weed, but you do contribute to growing costs, in exchange for a share of the profits. harvest. The Catalonia has legalized cannabis on June 29, 2017 before various legislative reversals. Before that, buying or selling cannabis was illegal and could be punished by prison. This is still the case in the rest of Spain.

Estonia Possession of less than 7.5g for personal use is only punishable by a fine.

Finland Cannabis is considered an illegal drug in the same way as heroin, and carries the same penalties. However, there is a legal distinction between possession of a small quantity for personal use, considered a minor offence and punishable by a fine or prison sentence of up to six months, and serious offences punishable by one to ten years' imprisonment. Medicinal cannabis is legal in certain forms, but strictly limited to cases of cancer, multiple sclerosis, spinal cord injury and glaucoma, with prescriptions issued on a case-by-case basis. However, the country has initiated a study on the decriminalization of cannabis in 2019 driven by a citizens' initiative.

Hungary : There is no distinction in Hungary between different drugs. Heroin use is punished in the same way as cannabis. However, the Penal Code distinguishes between possession and sale. In the event of an offence, if the person possesses less than 1g of THC, she cannot be punished. Beyond that, she risks heavy prison sentences.

Italy Cannabis: Possession of small quantities is decriminalized and can be punished by fines. Consumption of cannabis is authorized for medical use, and probably soon legal for recreational use, up to 15g or 5 plants per person.

Norway Up to now, possession of less than 15 grams has been considered personal use, and is punishable by a fine of 1,500 to 15,000 kroner (€160 to €1,600). Repeat offences are punished more severely. Larger quantities are punishable by prison sentences. Visit Norwegian government has proposed that the use and possession of small quantities of drugs for one's own use should no longer be punishable.

Netherlands A policy of non-enforcement, otherwise known as de facto decriminalization, is in force. Possession and cultivation are illegal, but tolerated and decriminalized below 5 grams and 5 plants (with a single cultivation tool). On the other hand, use and trade are prohibited outside coffee shops. The maximum penalty for importing or exporting any quantity of cannabis is four years' imprisonment and a possible fine of €67,000. Coffee shops obtain most of their supplies from the black market, may not have more than 500g of hash or weed under the counter, and may not sell to minors. Cannabis extracts are banned from sale, as they are considered hard drugs.

Portugal The Portugal was the first country in the world, in 2001, to decriminalize all drugs and treat addicts as patients rather than criminals. Cannabis use was decriminalized, but trafficking was punishable by 4 to 12 years' imprisonment.

Czech Republic Cannabis: Possession of less than 15 grams for personal use or cultivation of less than 5 plants is punishable only by a fine, making the Czech Republic a popular destination for smokers. The medical (prescription) use of cannabis has been authorized and regulated since April 1, 2013.

Following Germany's announcement of legalization, the Czech Republic has also set the ball rolling. his plan to legalize cannabis which could be active as early as 2024.

Slovenia : In 2013, Slovenia decriminalized the use of cannabis. Legislation has therefore been relaxed, with a simple fine of between 40 and 265 euros for possession. Selling is punishable by 1 to 10 years' imprisonment, or even 15 in the case of aggravating circumstances (sale to a minor, involvement in a criminal organization). Any sentence can be reduced or even suspended if the offender agrees to subscribe to a rehabilitation program. In June 2014, the government authorized the medicinal use of the plant, but this remains strictly regulated.

Switzerland Possession of less than 10g is decriminalized and punishable by a fine of 100 Swiss francs (€90). Sale, cultivation and transport are illegal. The cantons of Neuchatel, Vaud, Geneva and Fribourg authorized the cultivation of 4 cannabis plants per person in 2012 if the plants contained less than 1% THC, but these cantonal laws were invalidated on the grounds that federal law must prevail.

Several initiatives aim to regulating cannabis in Switzerland. In 2017, we are witnessing CBD cannabis boom, containing less than 1% of THC.

Ukraine Possession of less than 5g is decriminalized, as is cultivation of up to 10 plants.

Countries where cannabis is illegal in Europe

Bulgaria Cannabis is classified as a Class A drug, alongside cocaine, amphetamines and MDMA. Until 2004, there was tolerance for personal quantities. But since 2006, possession has been punishable by up to 6 years' imprisonment and a fine of between 1,000 and 5,000 euros. In the case of cultivation, the prison sentence can be up to 20 years, with a fine of €100,000.

Cyprus Small quantities are decriminalized for therapeutic users. For underage users, a warning may be issued. For adults, a prison sentence of 2 to 8 years may be imposed.

France The possession, sale, cultivation and consumption of cannabis are illegal. Sativex, a treatment for the pain of multiple sclerosis, is theoretically available on prescription, but medical authorities have yet to agree on a selling price. Yet there are many arguments in favor of legalization of cannabis in France. The Macron government has announced that it will opt for fines for cannabis users, in order to minimize the procedural costs of going to court. However, decriminalization is still on the cards, since any cannabis-related offence can still result in criminal prosecution.

For more details, read the legal status of cannabis in France.

Greece Possession and consumption are illegal. In fact, individuals caught with small quantities for personal use are rarely charged. Greece has legalized the medical use of cannabis in July 2017.

Ireland : First country to initiate a cannabis legalization bill in Europe, in November 2013. The bill was rejected by 111 votes to 8. It is still studying how to legalize cannabis.

Poland Despite an attempt in 2011 to introduce a law to stop the prosecution of users or the possession of small quantities, cannabis is still illegal in Poland. L’use of medical cannabis was legalized in June 2017.

Romania In 2013, the medical use of cannabis derivatives was authorized, but cannabis continues to be classified as a «risky drug», although the associated penalties are generally less severe than for other drugs. Under Law 143/2000, trafficking in cannabis is punishable by 2 to 7 years' imprisonment, while offences involving personal consumption are punishable only by a fine or 3 months to 2 years' imprisonment.

United Kingdom Cannabis is still illegal in the UK, although there is very little repression of users. This relaxation has led to the creation of numerous Cannabis Clubs (official list here). Sativex is available as an adjunct to chemotherapy, to treat nausea and vomiting, or for spasticity in multiple sclerosis.

Serbia, Slovakia, Sweden illegal and heavily punished. Decriminalization has been proposed in Slovakia, but has never come to fruition.