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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
U.S. FEDERAL LEGAL SUMMARY
Dronabinol / Marinol
REGULATED
Yes
STATUS
Scheduled
SCHEDULE
Schedule III
CLASSIFICATION
Hallucinogen
Tetrahydrocannabinols, the active chemicals contained in Cannabis plants, are Schedule I in the United States. This means it is 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. Marinol was moved from Schedule II to Schedule III in July 1999.

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 cannbis 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
California #
California Supreme Court has upheld the California Medical Marijuana law (state prop 215). July 19, 2002
"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.
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 #
Possession of up to 3g of cannabis by adults, for personal use, is tolerated in Belgium. Police will take the name of an individual in possession, but the Belgian state will not prosecute. We've 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. FA tells us that there is no legal way to buy or import cannabis or its seeds. (Unconfirmed, thanks FA, May 2006)
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.

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)
Japan #
Cannabis is prohibited under the Japanese Cannabis Control Act. [see also http://www.taima.org/en/law.htm] (Thanks embroglio). 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)
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/coffeeshops are allowed to sell cannabis and hold 100 grams behind the counter and another 500 grams in the back. In March of 2003, the Dutch government changed the law to allow doctors to prescribe cannabis for medical purposes through pharmacies. BBC Sep 2003.
Norway #
Cannabis is illegal in all forms in Norway including possession and sale of seeds. (Thanks SJ)
Pakistan / Peshawar #
We received the following from a contributor:
"In Peshawar and the northern parts of Pakistan, smoking Hash (called Charas here) is socially acceptable and even sold on an open market where the government has no power to intrude. You can be jailed for up to six months if you're caught with Charas in other parts of the country, but it's very very common to bribe the cops with as little as $5-20. Also, many shops have Charas behind the counter, but will not admit to it or sell it unless they know you. Most people who get caught here usually only do so because somebody tipped the cops. Otherwise getting caught for Charas possession is rare." [IM, May 2006]
(Unconfirmed, thanks IM) 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)
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 atittude 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 exploziv_gbb)
South America #
South American Cannabis Laws
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 #
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