Legality of cannabis

The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.^[1][2] Cannabis is only scheduled under the Single Convention and was reclassified in 2020 to a Schedule I-only drug (from being both Schedule I and IV drug previously, with the schedules from strictest to least being IV, I, II, and III).^[3][4] As a Schedule I drug under the treaty, countries can allow the medical use of cannabis but it is considered to be an addictive drug with a serious risk of abuse.^[5][6] and may be able to regulate non-medical cannabis industry under its Article 2 paragraph 9.^[7]

The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have much more severe penalties such as some Middle Eastern and Far Eastern countries where possession of even small amounts is punished by imprisonment for several years.^[8] Countries that have legalized various recreational uses of cannabis are Canada, Czech Republic, Georgia, Germany, Luxembourg, Malta, South Africa, and Uruguay, plus 24 states, 3 territories, and the District of Columbia in the United States and the Australian Capital Territory in Australia. Commercial sale of recreational cannabis is legalized nationwide in two countries (Canada and Uruguay) and in all subnational U.S. jurisdictions that have legalized possession except Virginia and Washington, D.C. A policy of limited enforcement has also been adopted in many countries, in particular the Netherlands where the sale of cannabis is tolerated at licensed coffeeshops.^[9]

The legalization of recreational cannabis has been put forward as a solution to restrict access to the drug by minors, a method of harm reduction, a way of reducing organized crime, aid economic growth and revenue, as well as enable job creation.^[10] Unregulated cannabis from the illegal black market comes with increased health risks, such as unknown THC rate, unknown potency, possible toxic additives and contaminants and synthetic cannabinoids.^[11] Whereas, a legal and regulated cannabis system enables product quality and safety requirements to be mandated for public safety and consumer awareness.^[12] Cannabis illegality tends to become a burden on the criminal justice system, with legalization as a way to free up police time and resources to focus on more serious crimes, reduce the prison population of non-violent drug offenders and thus save taxpayers money.^[13]

Countries that have legalized medical use of cannabis include Albania, Argentina, Australia, Barbados, Brazil, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, Germany, Greece, Ireland, Israel, Italy, Jamaica, Lebanon, Luxembourg, Malawi, Malta, Mexico, the Netherlands, New Zealand, North Macedonia, Norway, Panama, Peru, Poland, Portugal, Rwanda, Saint Vincent and the Grenadines, San Marino, Slovenia, South Africa, Spain, Sri Lanka, Switzerland, Thailand, Ukraine, the United Kingdom, Uruguay, Vanuatu, Zambia, and Zimbabwe. Others have more restrictive laws that allow only the use of certain cannabis-derived pharmaceuticals, such as Sativex, Marinol, Cesamet, or Epidiolex.^[14] In the United States, 40 states, 4 territories, and the District of Columbia have legalized the medical use of cannabis, but at the federal level its use remains prohibited.^[15]