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 IllegalIllegalIllegalIllegalCocaine is fully illegal in Afghanistan and drug trafficking and drug smuggling are sins and crimes that are punishable by death.
Flag of Argentina.svg  Argentina Decriminalized for private useIllegalIllegalIllegalCocaine is decriminalized for private and personal use or possession. The consumption and possession of fresh coca leaves for chewing and teas are legal. [1]
Flag of Armenia.svg  Armenia IllegalIllegalIllegalIllegalAll uses, sale, possession and use is fully illegal.
Flag of Albania.svg  Albania IllegalIllegalIllegalIllegalCocaine is effectively illegal and banned in Albania.
Flag of Australia (converted).svg  Australia Legal MedicallyLegal MedicallyLegal MedicallyLegal Medically

Cocaine is a Schedule 8 controlled substance in Australia, that which allows certain medical use of it, but otherwise it is outlawed (controlled). [2]

Flag of the Bahamas.svg  Bahamas IllegalIllegalIllegalIllegalPossession and use is illegal. [3]
Flag of Bangladesh.svg  Bangladesh IllegalIllegalIllegalIllegalAll kind of uses, selling, cultivation and transportation is illegal.
Bandera de Bolivia (Estado).svg  Bolivia IllegalIllegalIllegalLegalLimited 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. [4]
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 drugs 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. [5]
Flag of Canada (Pantone).svg  Canada Illegal, decriminalized in the Province of British ColumbiaLegal MedicallyLegal MedicallyLegal MedicallyPossession and use is illegal. [6] 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 [7] ) is decriminalized in the Province of British Columbia due to Health Canada mandate [8] [9]
Flag of Colombia.svg  Colombia Legal (up to 1 gram)IllegalIllegalLegalSince 1994, possession of 1 gram of cocaine has been legal for personal use. [10] [11] Sale remains illegal, but personal production or gifts of cocaine are permitted.
Flag of the Czech Republic.svg  Czech Republic Decriminalised (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. [12] [ citation needed ]
Flag of the People's Republic of China.svg  China IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal. [13]
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. [14]
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. [15]
Flag of India.svg  India IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal with a mandatory 10-year sentence. But its often upheld and wrongly assumed and no proof has been given that Freely Available in Local Shops in Cities. [16]
Flag of Ireland.svg  Ireland IllegalIllegalIllegalIllegalCocaine use, possession, sale, cultivation and transport is illegal.[ citation needed ]
Flag of Israel.svg  Israel IllegalIllegalIllegalIllegalEvery kind of use, possession, sale, transport and cultivation of coca leaves and even the chewing of coca leaves and brewing coca tea is fully illegal in Israel.
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. [17]
Flag of Jordan.svg  Jordan IllegalIllegalIllegalIllegalAll uses, possession, sale, cultivation, and production is fully illegal and forbidden even for medical or scientific reasons.
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. [18]
Flag of Mexico.svg  Mexico Legal (up to 1/2 Gram)IllegalIllegalIllegalThere is no penalty for carrying up to 1/2 a gram, however any amount over that is illegal. [19]
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. [20] [21]
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 3 months imprisonment and/or a fine of $500. [22] [23]
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. [24]
Flag of Norway.svg  Norway IllegalIllegalIllegalIllegalAll kind of uses, selling, cultivation and transportation is illegal. [25]
Flag of Pakistan.svg  Pakistan IllegalIllegalIllegalIllegalUse and possession of cocaine is illegal. [26]
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. [27]
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. It is important to note that if a person possess two or more kinds of drugs at the same time it is considered criminal offense. [28]
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. [29]
Flag of Saudi Arabia.svg  Saudi Arabia IllegalIllegalIllegalIllegalNarcotics user is 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 the United Nation recommendations treats narcotics addicts as patients who need treatment. [30]
Flag of Singapore.svg  Singapore IllegalIllegalIllegalIllegalTrafficking of over 3 grams is punishable by death. [31]
Flag of South Africa.svg  South Africa IllegalIllegalIllegalIllegalIt is a criminal offense to have cocaine in your possession. [32]
Flag of Spain.svg  Spain Decriminalized with a fineIllegalIllegalIllegalCocaine sales are strictly and fully outlawed, forbbiden, not allowed, controlled and 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. [33] [34] 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. [35]
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. [36]
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 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. It is now classed as a Class A drug, controlled by the Misuse of Drugs Act 1971. 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. [37] It is legal for medical use under Schedule 2 of The Misuse of Drugs Regulations 2001. [38]
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.
CountryPossessionSaleTransportCultivationNotes

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References

  1. "Law 23737". 2021-07-24.
  2. "Poisons Standard October 2015". Archived from the original on 2015-12-22. Retrieved 2015-12-13.
  3. "US men told to pay up or go to jail | The Tribune". tribune242.com. Retrieved 2016-05-15.
  4. 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.
  5. "LEI Nº 11.343, DE 23 DE AGOSTO DE 2006". Palácio do Planalto. Retrieved 2014-05-09.
  6. "Controlled Drugs and Substances Act". laws-lois.justice.gc.ca. Retrieved 2016-05-15.
  7. "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.
  8. "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.
  9. "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.
  10. 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.
  11. Murphy, Jarrett (2004-04-05). "Colombia sinks in sea of legal cocaine, heroin". CBS News . Retrieved 2009-08-09.
  12. "Czech Drug Laws". Prague Guide. 2015-11-29. Retrieved 2021-05-05.
  13. "Local laws and customs - China travel advice". GOV.UK. Retrieved 2021-03-31.
  14. "Cocaine Possession in Germany". Schlun & Elseven. Retrieved 2021-03-31.
  15. "Drug law in Greece". www.opengov.gr. Retrieved 2021-05-05.
  16. "Drug laws in India" (PDF). Retrieved 2021-05-05.
  17. "Japan Sega game sales halted after cocaine arrest". BBC News. 13 March 2019. Retrieved October 12, 2020.
  18. "Dangerous Drugs Act in Malaysia" (PDF). Retrieved 5 May 2021.
  19. "Heroin and cocaine now legal in Mexico in small doses | Americas | News | The Independent". independent.co.uk. 23 October 2011. Retrieved 2016-05-15.
  20. "HET OPPORTUNITEITSPRINCIPE / AFZIEN VAN STRAFVERVOLGING". Lwl.org. Archived from the original on 19 January 2008. Retrieved 9 April 2018.
  21. "Drugsverbod juridisch ontmaskeren?". Drugsbeleid.nl. Archived from the original on 28 April 2010. Retrieved 9 April 2018.
  22. "Misuse of Drugs Act 1975". New Zealand Legislation. Retrieved 2011-12-10.
  23. "Illicit drugs – offences and penalties". Police.govt.nz. Retrieved 9 April 2018.
  24. "MISCELLANEOUS OFFENCES ACT | the Complete Laws of Nigeria". Archived from the original on 2014-11-01. Retrieved 2014-10-22.
  25. "Drug laws in Norway" . Retrieved 2022-10-08.
  26. "Drug act in Pakistan" (PDF). Retrieved 2021-05-05.
  27. "Death penalty for 50g of seized illegal drugs? Sotto says, 'Hindi naman puwede 'yun'". GMA News. Retrieved 13 November 2020.
  28. "Overview of drug laws and legislative trends in Peru" . Retrieved 2014-04-12.
  29. Greenwald, Glenn; Peter Reuter; Tim Lynch (2009-04-03). "Lessons for Creating Fair and Successful Drug Policies" (PDF). Drug Decriminalization in Portugal. Cato Institute.
  30. https://www.moi.gov.sa/wps/portal/Home/sectors/narcoticscontrol/contents/!ut/p/z1/jZFBU4MwEIX_Si85ShYChXqLjgK2Mw46VMzFCUykcSihIYr996bqRdvS5rZvvpfdfYsZLjBr-YesuZGq5Y2tn9n0BVLfT1zfm8dBfgU0y-bLmXfjwjTAT9_AdUwTP1wARIs4gJQm-cMsIwQowewcPxx5FM70HwfY-PePXOO7U01sCvJts2EUs0q1RnwaXLRcV8rIqp_sJK0aBHvShGsEnbBBGil6Oysb7ZSG_wGg0S1QSpZJEmbefeT-AmN5n9rYbls3qvw5Lm1LEtWYafEqtNDOu7byypiuv0SAYBgGp1aqboRTqTWCQ5aV6m0cf0ncrfO8GLYEZHrByu3wBXqCBLs!/dz/d5/L0lHSkovd0RNQUprQUVnQSEhLzROVkUvZW4!/.{{cite web}}: Missing or empty |title= (help)
  31. "Drug Laws in Singapore: The Strictest on the Planet". TripSavvy. Retrieved 2021-05-05.
  32. "DRUGS AND DRUG TRAFFICKING ACT" (PDF). Justice.gov.za. Retrieved 9 April 2018.
  33. "Zurich is Europe's weekend cocaine capital". 10 March 2018.
  34. "Youth crime: More drug use, less dealing". 6 July 2018.
  35. "Swiss federal law on narcotics and psychotropic substances. Article 19b".
  36. "Thailand amends drug law to reduce penalties and ensure more proportionate sentencing".
  37. "Drugs penalties - GOV.UK". Gov.uk. Retrieved 9 April 2018.
  38. "Controlled drugs and drug dependence - bnf.nice.org.uk". bnf.nice.org.uk. Retrieved 17 May 2022.

Further reading