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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 is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse.
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions, resulting in limited clinical research to define the safety and efficacy of using cannabis to treat diseases.
Cannabis in Canada is legal for both recreational and medicinal purposes. Medicinal use of cannabis was legalized nationwide under conditions outlined in the Marihuana for Medical Purposes Regulations, later superseded by the Access to Cannabis for Medical Purposes Regulations, issued by Health Canada and seed, grain, and fibre production was permitted under licence by Health Canada. The federal Cannabis Act came into effect on 17 October 2018 and made Canada the second country in the world, after Uruguay, to formally legalize the cultivation, possession, acquisition and consumption of cannabis and its by-products. Canada is the first G7 and G20 nation to do so.
The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes 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.
In the United States, the use of cannabis for medical purposes is legal in 37 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of February 2022. Eleven other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
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.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in New York is legal for recreational and medical use. Adults aged 21+ are allowed to possess up to 3 ounces (85 g) of cannabis or 0.85 ounces (24 g) of concentrated cannabis. Adults 21 and older are allowed to possess up to 5 lbs individually in their own homes. In addition, home cultivation of up to three mature and three immature cannabis plants per individual will be permitted, with a maximum of twelve plants per household, once regulations for home grow are in place. Previously, the possession of small amounts of cannabis had been decriminalized and was treated as a violation. The medical use of cannabis is permitted in certain circumstances. On March 30, 2021, both houses of the New York State Legislature approved legislation to legalize marijuana. The bill was signed into law by former New York Governor Andrew Cuomo on March 31, 2021. The law also resulted in previous marijuana-related criminal records in the state of New York being expunged. As of October 2021 New York State prohibited employers from testing both prospective and current employees for cannabis use or otherwise discriminating against employees who use cannabis outside of work hours.
Cannabis in Illinois is legal for both medical and recreational use. Illinois became the eleventh state in the US to legalize recreational marijuana effective January 1, 2020.
Cannabis in Germany is legal for certain limited medical contexts, but illegal for recreational usage, though possession of minor amounts is not always prosecuted.
Cannabis in Israel is allowed for specified medical usage, and is illegal but partially decriminalized for recreational use, with prosecution for home use and possession of 15 grams or less generally not enforced by the authorities. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.
Cannabis in Greece is illegal for recreational purposes. In 2017, the Greek government legalized the use of cannabis for medical purposes, and a year later, they lifted the ban on growing or producing it. This enables pharmaceutical companies to grow cannabis legally, and industrial hemp suppliers too.
Cannabis in Malta is legal, within limits. In 2018, the Parliament of Malta legalised medical cannabis. On 14 December 2021, the Parliament of Malta legalised recreational cannabis for personal use, becoming the first EU country to do so.
Cannabis in Mexico became legal for private, recreational use in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS.
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.
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.
Early parliamentary elections were held in North Macedonia on 15 July 2020. It was originally scheduled for November 2020, but Prime Minister Zoran Zaev called early elections after the European Council failed to come to an agreement on starting talks with North Macedonia on joining the European Union in October 2019. The election date was set for 12 April, but was postponed until July due to the COVID-19 pandemic in North Macedonia.
References
- ↑ "Macedonia: Parliament Legalizes Medical Marijuana". Eurasia Review.
- ↑ Sinisa Jakov Marusic (2013-05-03). "Macedonia Allows Medical Marijuana in Pharmacies". Balkan Insight. Retrieved 2016-11-30.
- ↑ Sinisa Jakov Marusic (20 November 2020). "North Macedonia Moves to Make Recreational Marijuana Use Legal". Balkan Insight. Retrieved 22 November 2020.
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