Which are the main European countries where cannabis is legal?
Within the European Union, only three countries have, to date, legalised cannabis for recreational use. These are Malta, Luxembourg, and Germany. What about France, the Nordic countries, or Eastern Europe? What policies are currently in place, and what options are being considered in relation to this important issue, both from an economic and a public health perspective?
Legalisation, tolerance, and decriminalisation are very different things
Before mapping out the cannabis landscape across Europe, we consider it essential to clarify a few key concepts. Tolerated does not mean legal.
Legalisation is when the State regulates and authorises
When cannabis is legalised, it implies that the State officially recognises individuals’ right to possess and consume it (and sometimes, even to cultivate it). Generally, however, certain restrictions are imposed (permitted possession limits, prohibition of public consumption, and so forth).
This is the case, for example, in Germany. There, an adult may possess up to 25 grams in a public space and cultivate three plants at home. Should they fail to comply with the rules in place during a check, the individual concerned may face fines.
Furthermore, the sale of cannabis remains subject to certain restrictions. For instance, cannabis may only be purchased through licensed “cannabis clubs” holding all the necessary authorisations.
Decriminalisation and tolerance are two forms of middle ground
What about decriminalisation or tolerance? Neither of these implies that cannabis is legal. However, they do mean that criminal prosecution is dropped against small-scale consumers. Moreover, production and sale remain unauthorised.
This creates a rather paradoxical situation. Take Portugal as an example. Cannabis is prohibited there. However, possession of up to 25 grams carries virtually no sanction beyond a fine (no custodial sentence).
The Netherlands presents a similar picture. The country is well known for its “coffee shops”, establishments where people go to purchase and consume cannabis for recreational purposes. This has been the case for many years, despite the practice being, in itself, illegal. The authorities tolerate it and do not prosecute.
Which European countries have legalised recreational cannabis?
In Europe, three countries have officially legalised the use of cannabis for recreational purposes. These are Malta, Luxembourg, and Germany.
Malta
Malta may not be the most well-known European country, but in terms of cannabis, it is the most progressive (not to say a true pioneer). Valletta legalised recreational cannabis as early as December 2021.
Not everything is permitted, however. Indeed, certain restrictions have been imposed. For instance, adults may possess up to seven grams and cultivate up to four plants at home.
Furthermore, sales are reserved for Cannabis Clubs that are licensed, non-profit associative spaces. This legalisation also applies exclusively to Maltese nationals and residents. Tourists are excluded from the scheme.
Luxembourg
It was in 2023 that Luxembourg announced the legalisation of cannabis. The law is not particularly permissive, however, with rather strict restrictions imposed on consumers. Possession of cannabis is limited to three grams per person in public spaces, and it is not possible to cultivate more than four plants at home.
As in Malta, tourists are excluded from the scheme. This decision aims to limit cannabis tourism, which generates nuisance and, at times, disorder… something residents of Amsterdam regularly highlight.
Finally, and perhaps more surprisingly, cannabis is not really sold commercially. Indeed, this model is based more on self-production. There are no cannabis clubs, dispensaries, or similar establishments. Each person produces what they consume.
Germany
It was in April 2024 that Germany announced its intention to legalise cannabis. The law is far more ambitious than those of the two European countries mentioned above. There, a person may possess 25 grams in public and 50 grams at home. The number of plants permitted for personal cultivation is limited to three.
Furthermore, cannabis is sold exclusively through Cannabis Social Clubs, which are private, licensed associative spaces. Only members of these clubs may purchase cannabis there, with a limit of 500 members per club.
Countries that have begun reforms
Other European states are in the process of working towards legalising cannabis. This is notably the case for the Czech Republic, Switzerland, and the Netherlands.
The Czech Republic
Fifteen years after the decriminalisation of cannabis, the Czech Republic has taken a further step. It is now possible for an individual to possess up to 100 grams at home and 25 grams in public spaces. A person may also cultivate up to three cannabis plants at home.
The sale of cannabis, meanwhile, remains strictly regulated. For instance, cannabis containing more than 1% THC remains prohibited in shops. This is a model closely aligned with the Luxembourg approach, which favours self-production.
Switzerland
Since 2021, Switzerland has adopted a unique approach, the idea being to test in order to understand. Seven testing phases were launched across the country’s main cities (Zurich, Basel, Berne, Lausanne, and Geneva), with the aim of enabling discreet and legal supply.
The results have been remarkable, with the black market collapsing by nearly 90% in the federal capital. Armed with these findings, Parliament is reportedly working on developing legislation for the country as a whole.
Which European countries have the most restrictive legislation?
At the opposite end of the spectrum from countries that are testing and legalising in the most considered manner, are those European nations where the threshold of tolerance is close to zero. This is the case in Hungary, Bulgaria, and Slovakia. Legislation there is highly restrictive, and possession of even a few grams can result in a heavy fine and a custodial sentence.
France also ranks among the most restrictive countries in this regard despite being one of the European countries with the highest per capita cannabis consumption. A consumer caught using in public may be fined up to €200. No structural reform is officially on the government’s agenda at this time.