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The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and 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. Cannabis was reclassified in 2020 to a Schedule I-only drug under the Single Convention treaty, with the schedules from strictest to least being IV, I, II, and III. 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.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
A Cannabis Social Club (CSC), sometimes called Cannabis Club, Cannabis Association, or Teapad, is a type of cannabis retail outlet, an industry model for regulated cannabis organised as non-profit cooperatives in which cannabis is cultivated, shared, and enjoyed collectively, usually for the purpose of relaxing or for social communion.
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis is legal in Uruguay, and is one of the most widely used drugs in the nation.
Cannabis in Chile is illegal for all production and public consumption, though private at-home consumption, grow and selling is allowed for medical use. It is widely consumed, with the highest per-capita use in Latin America. In 2014 Chile began clinical trials on medical marijuana, and in 2015 a decriminalization bill successfully passed the lower house of the Chilean Congress.
Cannabis in Puerto Rico is illegal for recreational use. Legislation to ban cannabis was passed in 1932, and legislation to legalize medical use was passed in 2017. Although the medical use of cannabis is permitted, smoking it is prohibited.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis and hemp in Spain have a long and rich history. The plant has grown feral on the Iberian peninsula since prehistory and has been intensely cultivated, in particular for its fibres, throughout Spanish and Portuguese history.
Cannabis in Argentina is regulated by the Penal Code of Argentina, which prohibits its possession, cultivation, and supply, except for authorized medical purposes. Official statistics estimate that cannabis is used by 7.8% of Argentina's population.
Cannabis in Peru is not legal for recreational use, possession for own consumption is also decriminalized by the Criminal Code and medical cannabis was legalized in 2017.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
Cannabis in Guatemala, as of 2016, is illegal. Otto Pérez, when he was president of the country, tried to lead a legalization drive, and several congressmen attempted to pass a law for legalization, but those efforts failed. A poll conducted in 2012 said that 41% of Guatemalans might support decriminalization.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
Terms related to cannabis include:
The International Center for Ethnobotanical Education, Research, and Service (ICEERS) is a non-profit organization (NPO), headquartered in Barcelona. ICEERS is dedicated to transforming society's relationship with psychoactive plants by engaging with some of the fundamental issues resulting from the globalization of ayahuasca, iboga, and other ethnobotanicals. Founded in 2009, ICEERS is registered as a non-profit organization, and has charitable status in the Netherlands and Spain, and through partner organizations in the US and UK. ICEERS also has consultative status with the United Nations' ECOSOC.
References
- ↑ "Piden que se permita plantar y consumir marihuana en El Salvador". La Prensa Gráfica (in Spanish). 20 May 2017. Retrieved 25 December 2017.
- ↑ Mendiburo-Seguel et al. 2017, p. 8-9.
- 1 2 Mendiburo-Seguel et al. 2017, p. 8.
- ↑ "Promueven despenalizar la marihuana en El Salvador". El Nuevo Diario (in Spanish). 4 May 2014. Retrieved 25 December 2017.
- 1 2 Cruz, Queirolo & Boidi 2016, p. 7.
