Legal status of cocaine

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The legal status of cocaine varies worldwide. Even though many countries have banned the sale of cocaine for recreational use, some have legalized it for possession, personal use, transportation, and cultivation, while some have decriminalized it for certain uses. It is necessary to distinguish cocaine from coca leaves or the plant itself.

Contents

List by country

CountryPossessionSaleTransportCultivationNotes
Flag of the Taliban.svg  Afghanistan IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [ citation needed ]
Flag of Argentina.svg  Argentina Decriminalized for private useIllegalIllegalIllegalAll use, sale possession, transportation, and cultivation of cocaine was made illegal in Argentina's Law 23.737. [1] However, in 2009 a judge ruled that banning the possession of drugs when it posed no threat to others violates the constitutional right to personal liberty. [2] While cocaine hasn't been officially decriminalized some extend the 2009 ruling to cocaine possession.
Flag of Armenia.svg  Armenia IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [3]
Flag of Albania.svg  Albania IllegalIllegalIllegalIllegalPossession and cultivation of cocaine are illegal [ citation needed ]. Transportation and sale is illegal under Law No 8874 and Law No 7975. [4]
Flag of Australia (converted).svg  Australia Decriminalized in certain territories under certain quantitiesIllegalIllegalLegal Illegal

Australia includes cocaine as a drug of dependence and it is thus illegal to use, sell, possess, transport, and cultivate. [5] Recently the Australian Capital Territory has decriminalized possession under 1.5 grams to encourage users to seek treatment. [6]

Flag of the Bahamas.svg  Bahamas IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [7]
Flag of Bangladesh.svg  Bangladesh IllegalIllegalIllegalIllegalAll use, sale, possession, transportation and cultivation of cocaine is illegal. [8]
Flag of Bolivia.svg  Bolivia Legal up to 50 gramsIllegalIllegalLegalLimited private cultivation of coca is legal in Bolivia, where chewing the leaves and drinking coca tea are considered cultural practices, in particular in the mountainous regions, processed cocaine is forbidden. [9]
Flag of Brazil.svg  Brazil Decriminalized for private useIllegalIllegalIllegalPublic consumption and selling of cocaine are considered crimes. Punishments for public consumption include a warning about the drug's effects, community service (5 to 10 months), and educational courses or programs. Punishment for the selling of cocaine is 5 to 15 years of jail, a R$500–1,500 fine and course or program attendance. The decision on which purpose the apprehended drug had is based on judge decision. [10]
Flag of Canada (Pantone).svg  Canada Illegal, decriminalized in the Province of British ColumbiaLegal MedicallyLegal MedicallyLegal MedicallyPossession and use is illegal. [11] Consumption, possession, purchasing and trading of cocaine is outlawed, cocaine remains as a Schedule I controlled substance. Effective January 31, 2023 possession up to 2.5 grams of cocaine, opioids, methamphetamine and MDMA by adults (age 18 and over, excluding members of the Canadian Armed Forces unless otherwise authorized [12] ) is decriminalized in the Province of British Columbia due to Health Canada mandate [13] [14]
Flag of Colombia.svg  Colombia Legal (up to 1 gram)IllegalIllegalLegalSince 1994, possession of 1 gram of cocaine has been legal for personal use. [15] [16] Sale remains illegal, but personal production or gifts of cocaine are permitted.
Flag of the Czech Republic.svg  Czech Republic Decriminalized (up to 1 gram)IllegalIllegalIllegalPossession of up to 1 gram for personal use is punishable by fine of up to 15000 CZK according to act 167/1998 §39, possession of higher amount is illegal according to Criminal code with up to 2-year sentence. Trafficking is punishable by 2–18 years in prison, depending on the scale and other circumstances. [17] [ citation needed ]
Flag of the People's Republic of China.svg  China IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [18]
Flag of Chile.svg  Chile IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [19]
Flag of Denmark.svg  Denmark IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [20]
Flag of Finland.svg  Finland IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [21]
Flag of Germany.svg  Germany Legal Medically, DecriminalizedIllegalIllegalIllegalPossession of cocaine without a medical prescription is illegal. Small amounts for personal consumption may go unpunished for first-time or non-regular offenders, however this varies by state. Usually revocation of a driving license will follow from confiscation of any drug except marijuana, since drug users are considered a road hazard. [22]
Flag of Greece.svg  Greece Decriminalized for private useLegal only for medical reasons and with license by governmentIllegalIllegalUse, possession and cultivation of class B drugs is illegal in Greece except for medical reasons. Personal use might be decriminalized. Use in public is also illegal. [23]
Flag of India.svg  India IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [24]
Flag of Ireland.svg  Ireland IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [25]
Flag of Israel.svg  Israel IllegalIllegalIllegalIllegalAll use, sale, possession, transportation, and cultivation of cocaine is illegal. [26]
Flag of Italy.svg  Italy DecriminalizedIllegalIllegalIllegalCocaine possession and consumption in special and overall in small and tiny amounts is decrimalized but the sale, the trade, the deal,the growing, the production and the transportation of cocaine are considered felonies in Italy.
Flag of Japan.svg  Japan IllegalIllegalIllegalIllegalPenalty for cocaine consumption: maximum of 7 years in jail. [27]
Flag of Jordan.svg  Jordan IllegalIllegalIllegalIllegalAll uses, possession, sale, cultivation, and production is fully illegal and forbidden even for medical or scientific reasons, drug trafficking and drug sales are punishable by death penalty
Flag of Luxembourg.svg  Luxembourg IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal.[ citation needed ]
Flag of Malaysia.svg  Malaysia IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal and is punishable by death [28]
Flag of Mexico.svg  Mexico Legal (up to 1/2 Gram)IllegalIllegalIllegalThere is no penalty for carrying up to 1/2 gram, [29] however any amount over that is illegal and can be punished by the law. The death penalty was abolished in Mexico for all crimes on 15 March 2005.
Flag of the Netherlands.svg  Netherlands Unenforced (small amounts)IllegalIllegalIllegalCocaine is considered an illegal hard-drug. Possession, production and trade are not allowed as stated in the Opium Law of 1928. Although technically illegal, possession of less than half a gram usually goes unpunished. [30] [31]
Flag of New Zealand.svg  New Zealand IllegalIllegalIllegalIllegalCocaine is a Class A drug. The coca leaf and preparations of cocaine containing no more than 0.1% cocaine base, in such a way that the cocaine cannot be recovered, are both classified as Class C, and are punishable with three months imprisonment or a fine of $500. [32] [33]
Flag of Nigeria.svg  Nigeria IllegalIllegalIllegalIllegalIt is illegal to import, manufacture, process, plant or grow, export, transport, traffic, sell, buy, expose for sale, smoke, inhale, inject, possess or deal with cocaine. [34]
Flag of Norway.svg  Norway IllegalIllegalIllegalIllegalAll kind of uses, selling, cultivation and transportation is illegal. [35]
Flag of North Korea.svg  North Korea IllegalIllegalIllegalIllegal

Use and possession of cocaine is illegal. [ citation needed ]

Flag of Pakistan.svg  Pakistan IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal. [36]
Flag of Palestine.svg  Palestine UnenforcedUnenforcedUnenforcedUnenforced

in the West Bank, which is ruled by the Palestinian authority, cocaine is fully illegal.[ citation needed ] In the Gaza Strip, which is ruled by Hamas an internationally recognized terrorist organization cocaine is not legal but is neither illegal. It is rather unenforced, as all recreational drugs, this is due that both Terrorism and Drug Trafficking as too Drugs are criminal activities and are illegal worldwide.

Flag of the Philippines.svg  Philippines IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal. Possession of cocaine is explicitly named as an illegal substance under the Comprehensive Dangerous Drugs Act of 2002. The possession 10 grams or more of cocaine or cocaine hydrochloride is punishable by up to life imprisonment. [37]
Flag of Peru.svg  Peru Legal (up to 2 grams of cocaine or 5 grams of cocaine-freebase)IllegalIllegalLegal (Coca Plants)Cultivation of coca plants is legal, and coca leaves are sold openly on markets. Similarly to Bolivia, chewing leaves and drinking coca tea are cultural practices. Possession of up to 2 grams of cocaine or up to 5 grams of coca paste is legal for personal use in Peru per Article 299 of the Peruvian Penal Code. If a person possess two or more kinds of drugs at the same time, it is considered criminal offense. [38]
Flag of Portugal.svg  Portugal Decriminalized up to 2 gramsIllegalIllegalIllegalPersonal use of cocaine is decriminalized. Drug abuse is dealt with by administrative and medical intervention. Trafficking is illegal. [39]
Flag of Romania.svg  Romania Legal MedicallyIllegalIllegalIllegalAll activities associated with cocaine (with the exception of possession for medicinal purposes [40] ) are illegal in Romania, per Law 143/2000. [41]
Flag of Saudi Arabia.svg  Saudi Arabia IllegalIllegalIllegalIllegalDrug Trafficking is punishable by death, with drug consumption including alcohol punishable with sentences of 2–4 years in prison. narcotics users are jailed for two years and punished according to the judge's decision. If the offender is a foreigner, he is deported from the Kingdom. A narcotics user who enrolls in a treatment Programme is not questioned, but admitted into a specialised hospital. Saudi law in accordance with United Nation recommendations treats narcotic addicts as patients who need treatment. [42]
Flag of Singapore.svg  Singapore IllegalIllegalIllegalIllegalTrafficking of over 3 grams is punishable by death. [43]
Flag of South Africa.svg  South Africa IllegalIllegalIllegalIllegalIt is a criminal offense to have cocaine in your possession. [44]
Flag of Syria.svg  Syria Illegal but unenforced due the Syrian civil warIllegal but unenforcedIllegal but unenforcedIllegal but unenforced

Cocaine is illegal in Syria, however due to the Syrian civil war is rarely controlled, and its sale, production, possession, and consumption is rarely punished. The Assad regime was known for being heavily funded by Syrian drug cartels.

Flag of Spain.svg  Spain Decriminalized with a fineIllegalIllegalIllegalCocaine sales are strictly illegal, but private use and personal cocaine consumption is decriminalized with a spot fine and is not a crime nor a felony.
Flag of Switzerland (Pantone).svg   Switzerland Possession of small amounts decriminalizedIllegalIllegalIllegalTraffickers of cocaine are sentenced with jail. Personal use is punished with a fine, contrary to common belief possession of up to 18 grams is not legal. According to a recent study, 5 Swiss cities (St Gallen, Bern, Zurich, Basel and Geneva) were listed among top 10 European cities for cocaine use. [45] [46] Personal consumption and possession of small amounts, or sharing with adults free of charge is not liable to prosecution based on the Swiss federal law. [47]
Flag of Sweden.svg  Sweden IllegalIllegalIllegalIllegalSweden is known and infamous for having a zero tolerance policy regarding drug trafficking and drug abuse.
Flag of Thailand.svg  Thailand IllegalIllegalIllegalIllegalThailand is very strict on drugs and it is very common to be stopped, searched and asked to give urine samples on the street, especially in Bangkok. Being caught with intent to sell is punishable by 10 years to life in prison. Consumption for personal use is 1 – 10 years in prison or a fine, or both. [48]
Flag of Ukraine.svg  Ukraine IllegalIllegalIllegalIllegalPublic drug consumption is outlawed and punishable by prison time or with jail punishment but private consumption of drugs is not enforced and is not a crime.
Flag of the United Arab Emirates.svg  United Arab Emirates IllegalIllegalIllegalIllegalCocaine trafficking is punishable by the capital punishment and drug consumption is punishable with four years in prison in the UAE.
Flag of the United Kingdom.svg  United Kingdom IllegalIllegalIllegalIllegalCocaine was first made illegal by the Dangerous Drugs Act 1920 (10 & 11 Geo. 5. c. 46). It is now classed as a Class A drug, controlled by the Misuse of Drugs Act 1971 (c. 38). Possession carries a punishment of up to 7 years in prison, an unlimited fine or both. Supply and production carries a punishment of up to life in prison, an unlimited fine or both. [49] It is legal for medical use under schedule 2 of the Misuse of Drugs Regulations 2001 (SI 2001/3998). [50]
Flag of the United States.svg  United States Legal MedicallyLegal MedicallyLegal MedicallyLegal MedicallyCocaine is a Schedule II drug under the Controlled Substances Act. It remains legal for medical use however the recreational use of cocaine and the drug possession is a severe felony at federal level and the sales and dispensaries of cocaine are still illegal but could be legalized in a future.
Flag of Venezuela.svg  Venezuela IllegalIllegalIllegalIllegalCocaine is fully illegal in Venezuela and is punished by extrajudicial executions, and all activities associated with cocaine are illegal including the sale, the bought, the possession, the growing and the consumption, the Venezuelan government of Nicolás Maduro has an state-sponsored drug cartel known as the Cartel de los Soles which operates with absolute impunity due that the government has state immunity.
CountryPossessionSaleTransportCultivationNotes

References

  1. Narcotic Drugs Law No. 23.737, 1989, (Argentina) https://www.oas.org/ext/Portals/33/Files/MLA/arg_mla_ley_en.pdf
  2. Rodriguez-Ferrand, Graciela (July 2016). "Decriminalization of Narcotics: Argentina". maint.loc.gov. Retrieved 2025-02-10.
  3. Law of the Republic of Armenia on Narcotic Drugs and Psychotropic Substances, 2002, c. 1 (Armenia). https://sherloc.unodc.org/cld/uploads/res/document/law-on-narcotic-drugs-and-psychotropic-substances_html/Law_on_Narcotic_Drugs_and_Psychotropic_Substances.pdf
  4. "Narcotics and Psychotropic Substances and Human Trafficking". dogana.gov.al. Retrieved 2025-02-10.
  5. “Drug Possession.” Victoria Legal Aid. Victoria, Australia, November 1, 2024. https://www.legalaid.vic.gov.au/drug-possession.
  6. Mercer, Phil. “Australian Territory Decriminalizes Small Quantities of Hard Drugs.” Voice of America. Voice of America, October 28, 2023. https://www.voanews.com/a/australian-territory-decriminalizes-small-quantities-of-hard-drugs/7330970.html.
  7. Dangerous Drug Acts, 2017, chap. 228 (Bhamas). https://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2000/2000-0043/2000-0043.pdf
  8. Narcotics Control Act, 2018, chap. 3 (Bangladesh). http://legislativediv.portal.gov.bd/sites/default/files/files/legislativediv.portal.gov.bd/page/5a6bca14_6a2e_44e4_b155_c8147d1edd65/27.%20Narcotics%20Control%20Act%2C%202018.pdf
  9. Ledebur, Kathryn; Farthing, Linda; Grisaffi, Thomas (7 September 2020). "Bolivia reverses years of progress with new draconian cocaine policy, supported by the EU". The Conversation. Retrieved 2021-03-31.
  10. "LEI Nº 11.343, DE 23 DE AGOSTO DE 2006". Palácio do Planalto. Retrieved 2014-05-09.
  11. "Controlled Drugs and Substances Act". laws-lois.justice.gc.ca. Retrieved 2016-05-15.
  12. "QR&O: Volume II – Division 2 - Service Offences and Courts Martial - Chapter 103 – Service Offences:National Defence". Department of National Defence (Canada). June 20, 2022. Retrieved 2022-06-20.
  13. "B.C. receives exemption to decriminalize possession of some illegal drugs for personal use: Health Canada". Health Canada. January 6, 2023. Retrieved 2023-01-06.
  14. "Exemption from Controlled Drugs and Substances Act: Personal possession of small amounts of certain illegal drugs in British Columbia (January 31, 2023 to January 31, 2026): Health Canada". Health Canada. February 1, 2023. Retrieved 2023-02-01.
  15. Housego, Kim (2004-04-05). "As addiction rises, Colombia weighs rolling back decade-old drug legalization". The San Diego Union-Tribune . Associated Press. Retrieved 2009-08-09.
  16. Murphy, Jarrett (2004-04-05). "Colombia sinks in sea of legal cocaine, heroin". CBS News . Archived from the original on April 5, 2004. Retrieved 2009-08-09.
  17. "Czech Drug Laws". Prague Guide. 2015-11-29. Retrieved 2021-05-05.
  18. Anti-Drug Law of the People's Republic of China, 2007 (China). http://www.npc.gov.cn/zgrdw/englishnpc/Law/2009-02/20/content_1471610.htm
  19. Decree 416, 2017, (Chile). https://www.bcn.cl/leychile/navegar?idNorma=1107457&idParte=9830180&idVersion=2017-09-02
  20. "List of euphoriant substances subject to control in Denmark". laegemiddelstyrelsen.dk. 14 June 2018. Retrieved 8 June 2024.
  21. Narcotics Act 373, 2008, (Finland) https://www.finlex.fi/fi/laki/ajantasa/2008/20080373
  22. "Cocaine Possession in Germany". Schlun & Elseven. Retrieved 2021-03-31.
  23. "Drug law in Greece". www.opengov.gr. Retrieved 2021-05-05.
  24. The Narcotic Drugs and Psychotropic Substances Act, 1985, chap. 3, (India). https://www.indiacode.nic.in/bitstream/123456789/18974/1/narcotic-drugs-and-psychotropic-substances-act-1985.pdf
  25. Misuse of Drugs Act, 1977, (Ireland). https://www.irishstatutebook.ie/eli/1977/act/12/enacted/en/print#sec2
  26. Dangerous Drugs Ordinance, 1989, (Israel). https://sherloc.unodc.org/cld/uploads/res/document/isr/dangerous-drugs-ordinance-5733_html/israel-Dangerous_Drugs_Ordinance73.pdf
  27. "Japan Sega game sales halted after cocaine arrest". BBC News. 13 March 2019. Retrieved October 12, 2020.
  28. "Dangerous Drugs Act in Malaysia" (PDF). Retrieved 5 May 2021.
  29. "Heroin and cocaine now legal in Mexico in small doses | Americas | News | The Independent". independent.co.uk. 23 October 2011. Retrieved 2016-05-15.
  30. "HET OPPORTUNITEITSPRINCIPE / AFZIEN VAN STRAFVERVOLGING". Lwl.org. Archived from the original on 19 January 2008. Retrieved 9 April 2018.
  31. "Drugsverbod juridisch ontmaskeren?". Drugsbeleid.nl. Archived from the original on 28 April 2010. Retrieved 9 April 2018.
  32. "Misuse of Drugs Act 1975". New Zealand Legislation. Retrieved 2011-12-10.
  33. "Illicit drugs – offences and penalties". Police.govt.nz. Retrieved 9 April 2018.
  34. "MISCELLANEOUS OFFENCES ACT | the Complete Laws of Nigeria". Archived from the original on 2014-11-01. Retrieved 2014-10-22.
  35. "Drug laws in Norway" . Retrieved 2022-10-08.
  36. "Drug act in Pakistan" (PDF). Retrieved 2021-05-05.
  37. "Death penalty for 50g of seized illegal drugs? Sotto says, 'Hindi naman puwede 'yun'". GMA News. Retrieved 13 November 2020.
  38. "Overview of drug laws and legislative trends in Peru" . Retrieved 2014-04-12.
  39. Greenwald, Glenn; Peter Reuter; Tim Lynch (2009-04-03). "Lessons for Creating Fair and Successful Drug Policies" (PDF). Drug Decriminalization in Portugal. Cato Institute.
  40. "LEGE (A) 339 29/11/2005 - Portal Legislativ". legislatie.just.ro. Retrieved 2024-08-29.
  41. "LEGE 143 26/07/2000 - Portal Legislativ". legislatie.just.ro. Retrieved 2024-08-29.
  42. "Narcotics Control".
  43. "Drug Laws in Singapore: The Strictest on the Planet". TripSavvy. Archived from the original on 2021-05-06. Retrieved 2021-05-05.
  44. "DRUGS AND DRUG TRAFFICKING ACT" (PDF). Justice.gov.za. Retrieved 9 April 2018.
  45. "Zurich is Europe's weekend cocaine capital". 10 March 2018.
  46. "Youth crime: More drug use, less dealing". 6 July 2018.
  47. "Swiss federal law on narcotics and psychotropic substances. Article 19b".
  48. "Thailand amends drug law to reduce penalties and ensure more proportionate sentencing".
  49. "Drugs penalties - GOV.UK". Gov.uk. Retrieved 9 April 2018.
  50. "Controlled drugs and drug dependence - bnf.nice.org.uk". bnf.nice.org.uk. Retrieved 17 May 2022.

Further reading