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Cannabis
Legal Status
by Erowid
U.S. FEDERAL LAW #
Caution :   All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY
Cannabis
REGULATED
Yes
STATUS
Scheduled
SCHEDULE
Schedule I
CLASSIFICATION
Hallucinogen
Both Cannabis and Tetrahydrocannabinols, the active chemicals contained in Cannabis plants, are Schedule I in the United States. This means they are federally illegal to cultivate, buy, possess, or distribute (sell, trade or give) in all forms (cannabis plants, extracts, hash, hash oil, thc, etc) except synthetic THC (Marinol) which is Schedule III.

Practically, simple possession of small amounts is almost never prosecuted federally.

The federal scheduling of Cannabis was disputed in 1988 by Judge Francis Young, an administrative law judge for the DEA, who recommended that marijuana be reclassified as schedule II on the grounds that if a respectable minority of doctors endorse it, then it has a "currently accepted medical use".
[Full text of Judge Young's ruling].

Historical Laws
U.S. State Unpassed Cannabis Bills
Text of the Marijuana Tax Act of 1937
The history of the Marihuana Tax Act

MEDICAL MARIJUANA
Cannabis has many reported medical uses and its active component is an approved drug in the US. The US government has, in the last 20 years, been forced to provide medical cannabis to 8 patients in the form of cannabis cigarettes although as a top level, federal policy has opposed any change in the status of cannabis to move it to a lower schedule. Over a dozen states now allow some provision for the medical use of cannabis, although only around 8 have effective protection (AK, CA, CO, HI, ME, NV, OR, WA).

U.S. STATE LAW #
Alaska #
Alaska Supreme Court and lower courts have ruled that personal possession of cannabis is protected by state constitution's privacy clause. As recently as Sep 14, 2004, the AK Supreme Court refused to overturn a unanimous Appellate Court decision that police were not allowed to enter a home simply based on smelling cannabis smoke outside. See Pot vs Privacy, Oct 2003 and Alaska Supreme Court chooses privacy over pot, Sep 2004 and Eric Sterling's Response. The Alaska Legislature passed a law banning cannabis, but a judge struck down the law in July 2006: Judge rules against Alaska marijuana ban law, Jul 2006, AP. ACLU Press Release July 11, 2006
California #
Possession of or giving away less than an ounce of marijuana is a misdemeanor punishable by a fine only ("Except as authorized by law, every person who gives away . . . not more than 28.5 grams of marijuana . . . is guilty of a misdemeanor and shall be punished by a fine of not more than $100. Health and Safety Code sec. 11360). California Supreme Court has upheld the California Medical Marijuana law (state prop 215). July 19, 2002 In January 2008, a San Francisco Appeals court ruled that police may not enter and search a home without a warrant simply because they see someone inside smoking cannabis.
"The possession and cultivation of marijuana is no more criminal -- so long as (the law's) conditions are satisfied -- than the possession and acquisition of any prescription drug with a physician's prescription." CA Chief Justice Ronald George.
Cities:
The city of West Hollywood adopted a policy in June 2006 that suggests police make "investigations, citations, arrests, property seizures, and prosecutions for adult marihuana [sic] offenses the lowest law enforcement priority in West Hollywood". See Council Agenda Entry and LA Times Story.

Berkeley passed two city ordinances "BMI I" and "BMI II" that tells police to make marijuana-law enforcement its lowest priority. See Legal Limbo for Pot Users.

Santa Barbara (Prop P, Nov 2006) and Santa Cruz (Measure K) have passed rules making possession of cannabis the lowest enforcement priority for local police. (thanks SR)

San Francisco : Extremely tolerant of cannabis use. In November 2006, the SF Board of Supervisors approved an ordinance (8-3) making cannabis-related offenses the city police's lowest priority. See SF Eases Pot Enforcement, Nov 22 2006, Stop the Drugwar. See Chapter 12x of the SF Municipal Code, added by Ord. 297-06, File No. 061295, App. 11/29/2006.

Santa Barbara (Prop P, Nov 2006) and Santa Cruz (Measure K) have passed rules making possession of cannabis the lowest enforcement priority for local police. (thanks SR)
Colorado #
City of Denver votes to legalize possession of up to an ounce of cannabis. Although police will still enforce Colorado state law, the city population has clearly expressed that they are disatisfied with the state laws. See Denver Voters OK Marijuana Possession - Nov 2, 2005, AP and Mile High City Legalizes Pot Possession - Nov 2, 2005, AOL News.
North Carolina #
Dronabinol is Schedule II in N. Carolina. [reference]
Rhode Island #
Rhode Island legalized the medical use of cannabis in Jan 2006, overriding a veto of the legislation by Governor Don Carcieri (house vote 59-13). The law allows people with certain illnesses such as cancer to register with the state, receive a special ID card, and then grow up to 12 plants or buy/possess up to 2.5 ounces of dried cannabis. AP story by ML Johnson, Jan 3, 2006.
INTERNATIONAL LAW #
Australia #
Cannabis laws state by state. Decriminalized in Western Australia & South Australia. Tasmania, Victoria, & Queensland policies involve ticketing for below 50 grams.
Belgium #
No amount of cannabis is legal to possess in Belgium, however possession of up to 3g of cannabis by adults, for personal use, is tolerated. It is also said that 1 female plant is tolerated. We have been told that if the possession meets the informal 'personal use' criteria, the police most often register the offense anonymously (do not record the individual's name) and the state will not prosecute. The criteria for this include: possession of an amount that is consumable in 24 hours (usually 3 grams or less), possession of leaf or bud and not oil or other processed product which are less tolerated; that the use is not around minors or while driving; and other factors that might indicate 'problematic use'. In practice, almost all non-problematic personal users will be registered anonymously. The criteria are described in Het Staatsblad published on June 2, 2003: http://www.staatsbladclip.be/wetten/2003/06/02/wet-2003009496.html and http://www.staatsbladclip.be/wetten/2003/06/02/wet-2003009479.html. Erowid has also been told that a new law to allow for medical use of cannabis has lead the police to be more forgiving about possession of small amounts of non-medicinal cannabis. We have been told that there is no legal way to buy or import cannabis or its seeds. See ejustice.just.fgov.be (French only). (thanks Cholo, CG, FA.) (last updated Aug 2006)
Brazil #
Cannabis sativa is listed as a controlled substance, making the plant and all of its parts illegal to cultivate, distribute, or possess. Other cannabis species do not appear to be listed, though THC is separately scheduled. Presumably any THC-containing plant is illegal by extension. We have been told that as of 2007 cannabis prohibition is not vigorously enforced. (thanks P)
Bulgaria #
Cannabis is included in Schedule no. 1 of Bulgaria's Drugs and Precursors Control Act. Plants in the genus Cannabis containing greater than .2% tetrahydrocannabinol by weight are illegal to grow, possess, or sell. (thanks GD)
Canada #
Cannabis is schedule II in Canada (for more than 3 kg). Canada's cannabis control laws are spottily enforced, with the west coast (British Columbia) being well known for its high quality cannabis and low levels of enforcement. In 2002, Canada's federal government made several findings in favor of cannabis legalization and medical use approval. Although the status of medical cannabis is still in flux (sep 2002), the Canadian government has several times voiced its intention to support full medical use. Non-viable Cannabis seeds and Cannabis stalks (that do not include leaves, flowers, seeds or branches) are exempted.

Busts in Canada continue, especially of larger growing and distribution operations.

News and Legal Updates:
In July 2000, an Ontario Court of Appeal ruled against the Canadian law because it did not address medical necessity and on July 31, 2001 a new regulation was enacted by the cabinet which addressed medical use. In January 2003, a lower Ontario court ruled simple possession laws banning cannabis unconstitutional, although it is unclear what the long term implications of this might be.

Croatia #
Possession of small amounts of cannabis can result in fines ($500-1000 US), mandatory rehab, and condtional sentencing (probation). Cultivation and sale of cannabis are punishable by imprisonment (3 or more years). Driving under the influence of cannabis (as detected by saliva field tests) may lead to fine, rehab, and loss of license. (unconfirmed) (thanks H)
Czech Republic #
In March, 2008 the Czech Supreme Court overturned the conviction of a medical cannabis grower, finding that growing cannabis is not necessarily "illegal production". While cannabis is still illegal to possess, use, and produce under Czech law, this ruling is expected to influence the way drug laws are interpreted by lower courts. (see Radio Praha article)
England #
Cannabis is a Class C drug in Britain.
Estonia #
Cannabis is prohibited. According to joh, "Seeds are legal to sell but illegal to import and export." (unconfirmed) (thanks JOH)
Germany #
Cannabis is prohibited by the German BTM (drug schedule), making it illegal to possess, cultivate, or sell. A reader comments that possession of 6 g or less is generally not prosecuted, depending on the state. The northern states tend to be more tolerant than the southern states. (thanks JL, 5)
Greece #
Cannabis is controlled in Greece and illegal to grow or possess. We've received conflicting reports about how severely police treat minor possession offenses (less than 1 gram) with one submitter saying police are likely to overlook possession at that level and a March 2007 submitter saying that they were themselves prosecuted in southern Greece for 0.8 grams of cannabis and that raids on cannabis farms had increased over the last 3 years. (thanks Z, A) (last updated Mar 2007)

See also Greek Drug Law and Policy
Hong Kong #
Possession, cultivation, sale, and import of cannabis is forbidden by the Dangerous Drugs Ordinance 30/06/1997. Any offense is punishable by a fine of $100,000 and imprisonment for 15 years. (thanks KGS)
India #
Although India has a long history of the use of Cannabis, including involvement with religious traditions, it is illegal to grow or possess. In some areas, it is openly ignored by authorities. (thanks C)
Israel #
Cannabis is illegal in all forms in Israel, except for oil extracted from seeds. (unconfirmed) (thanks HmND)
Italy #
Cannabis preparations and THC are illegal to use, sell, own, cultivate etc. Penalties for possession of small amounts (< 5g) can result in confiscation of passport or driving license. Possession of larger quantities is treated as possession with intent to sell and is subject to stronger penalties. (unconfirmed) (thanks T)
Jamaica #
Possession, cultivation, sale, import, and use of ganja are prohibited by Jamaican law. The law is widely ignored and cannabis is often sold openly in markets. See Dangerous Drugs Act (PDF). (thanks J)
Japan #
Cannabis is prohibited under the Japanese Cannabis Control Act. [see also http://www.taima.org/en/law.htm]. (thanks E) However, viable cannabis seeds are available in headshop as of June 2005, selling for Y1300-Y2500 (12-23 USD) each. Growing the seeds is illegal and the shops have warnings that the seeds are just curiosity samples and the shop will not answer questions about cultivation. (unconfirmed) (thanks S4M)
Malta #
Cannabis is illegal in Malta (Schedule 1). Possession for personal use is subject to fine, but prison terms are usually given only for trafficking. (unconfirmed) (thanks EE)
Mexico #
A new bill, passed by the Mexican Federal Legislature in late April 2006, has not yet been signed into law, but would decriminalize very small amounts of cannabis (under 5g) but would stiffen penalties for larger amounts and remove current discretion judges about the definition of "personal use amounts". See Senado.gob.mx (Spanish Language). Also see SignonSanDiego : Mexico Decriminalizes Drugs. from Cannabis is illegal in all forms in Mexico and possession can result in stiff fines and long jail sentences. Police can often be bribed on the spot and it is said that police plant cannabis on innocent bystanders near the U.S. border in order to solicit bribes from tourists. (unconfirmed) (thanks MW and JH)
Netherlands #
Although cannabis is technically illegal to possess and sell in the Netherlands, the government does not prosecute individuals (over 18) who smoke cannabis. Possession of less than 5 grams or growing of less than 5 plants will not be prosecuted. Certain cafes/coffee shops are allowed to sell cannabis and hold 100 grams behind the counter and another 500 grams in the back. Paradoxically, we have received unconfirmed reports that coffee shops are not allowed to legally purchase cannabis. In March of 2003, the Dutch government changed the law to allow doctors to prescribe cannabis for medical purposes through pharmacies. BBC Sep 2003.

On Jan 1, 2008, Dutch police will officially be disallowed from smoking cannabis while off duty. Dutch police complain it is their right to smoke cannabis while off-duty, Dec 15 2007, DailyMail.
New Zealand #
Cannabis is a Class B controlled drug in New Zealand. It is illegal to cultivate, possess, or sell. (thanks, CH)
Norway #
Although cannabis and its seeds are illegal in Norway including possession and sale, there is some exception for medical use. We have been told that seed possession and sale are now (as of 2000) prohibited. (thanks T)

The penalty for possession of small quantities of Cannabis (less than 15 g) is normally 3000 NOK. For more than 15 g, higher penalties apply and can include community service and jail in some cases. The Norwegian police does not punish use, possession and distribution of Marijuana as harshly as hashish, and hashish in Norway is often adulterated with other ingredients. (unconfirmed) (thanks S and numerous others)
Pakistan / Peshawar #
We have been told that in Peshawar and the northern parts of Pakistan, smoking Hash (Charas) is socially acceptable and even sold on an open market where the government does not intrude. One can be jailed for up to six months if they are caught with Charas in other parts of the country, but it's apparently very common to bribe the police with as little as $5-20 to get out of an arrest. We are also told that many shops have Charas behind the counter, but only sell to known customers. (unconfirmed) (thanks IM) (last updated May 2006) See Drug Law : Pakistan.
Poland #
Possession of cannabis is illegal in Poland. Even small amounts (1g) are not tolerated and penalties can be high. Since Jun 2005 according to the new law, a new resocialization program for drug addicts has been formed as a alternative to putting young people in prison. Cannabis is still a public enemy treated the same way as 'hard drugs'. (thanks RaN)

In 2006 an Erowid reader told us that possession of seeds is legal in Poland, and they are available through online vendors. (unconfirmed) (thanks D)
Portugal #
Cannabis is banned in Portugal in all its forms, however since 2000 consuming and buying small quantities of cannabis (as with all other illegal drugs) is not a crime, it is only punishable by a small fine. Further, in major cities, the police have a rather tolerant attitude towards cannabis consumption and it is largely ignored. Note that anyone found possessing quantities of cannabis more than considered typical for an average user in 10-days can be presumed to be a distributor and can be prosecuted and jailed. (thanks J)
Romania #
According to a contributor: "Cannabis growing, possession or selling is prohibited. Seeds have no legal status (neither legal nor illegal). If you are caught with seeds they will take them and you will receive not more than a warning. Possession of small amounts (1-3 grams) is only punishable by a small fine (~ $150-200). For bigger quantities possession or for growing (only for personal use) you can stay 3 or 6 years in prison. If you sell cannabis you can take over 6 years in prison." (unconfirmed) (thanks EG)
Russia #
Cannabis is a prohibited drug under Russian law. In Dec 2003, personal possession of up to 20 g of cannabis was legalized (see article). (thanks QBM)
Singapore #
Cannabis is a Class A drug under the Misuse of Drugs Act, making it illegal to cultivate, sell, or possess.
South America #
South American Cannabis Laws
Spain #
Cannabis is illegal in Spain, with small amounts punishable by fine. Larger amounts, cultivation, or sale are punishable by jail terms. Cannabis seeds are legal and are commonly available for purchase. (unconfirmed) (thanks E)

We have been told that while cannabis is illegal to buy or grow, it is legal to smoke in your own home. (unconfirmed) (thanks AC)
Sweden #
Possession and sale of cannabis are illegal in Sweden. Possession of up to 60 g usually results in a fine, 60 to 2000 g usually leads to 2 weeks to 1 year imprisonment, more than 2 kg generally results in 2 years - 10 years imprisonment. (unconfirmed) (thanks M, H)
Taiwan #
Cannabis is a schedule 2 narcotic in Taiwan, and possession can result in up to 3 years imprisonment. (thanks LN)
If you have information about the legal status of this substance in any other country, please let us know.

CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.
RELATED RESOURCES #
RELATED LINKS #
Dronabinol Law Vault
Report on Long Term Penalties for Cannabis Convictions, by State, CCLE Jul 2007
Dying Woman Loses Medical Marijuana Case, Mar 14 2007
We Be High.com, includes city-by-city assessments of cannabis-law enforcement
U.S. Supreme Court Rules that Private, Medical Cannabis Use is Interstate Commerce - June 6, 2005
See also 1, 2, 3, and Decision Text.
Marc Emory Arrested for U.S. seed sales - July 30, 2005