Legality of marijuana in Europe
Cannabis or marijana is getting more and more popular not just as illegal drug but also as medicine. Some countries adapted to that trend.
Cannabis is the most widely used illicit drug within the European Union, where its distribution, cultivation, possession, and consumption are generally prohibited.
The regulatory framework set by the EU, in conjunction with the United Nations' 1961 Single Convention on Narcotic Drugs, imposes strict bans on the commercial sale of cannabis for recreational use. Despite that, there has been a significant shift in recent years regarding the medicinal use of cannabis.
Over 20 European countries have enacted legislation permitting the use of cannabis for medical purposes, recognizing its potential therapeutic benefits for patients suffering from various conditions.
Legality of marijuana in Europe
These legal changes reflect a growing acknowledgment of the medical potential of cannabis, leading to the development of regulated programs that ensure patients can access cannabis-based treatments under medical supervision. This indicates a new approach to cannabis policy within the EU, balancing the prohibition of recreational use with a cautious, controlled acceptance of its medical applications. The ongoing legislative developments and the increasing acceptance of medicinal cannabis highlight a significant shift in the European approach to cannabis, emphasizing patient care and medical research while maintaining strict controls over non-medical use.
Some countries wishing to pursue policy change have opted for a non-profit model. Another model implemented in Switzerland and the Netherlands and proposed in Germany and the Czech Republic is the pilot program approach that provides limited access to regulated cannabis sales while closely monitoring the impact on public health through scientific studies.
The medical use of cannabis in Europe is guided by the EU Parliament's resolution 2018/2775 of February 13, 2019, which aims to clearly distinguish between "medical cannabis" and "cannabis-based medicines." The latter refers to products that have undergone clinical trials and have been evaluated by regulatory authorities for approval. According to the Parliament resolution, only cannabis-based medicinal products should be considered for safe and controlled medical use.
In recent years, the business of medicinal products containing cannabis-derived substances has seen significant growth in Europe, driven by the numerous beneficial pharmacological properties of Cannabis sativa. According to the European Industrial Pharmacists Group (EIPG), the global medical cannabis market is experiencing a rapid expansion, with a compound annual growth rate (CAGR) of 36% from 2017 to 2024. Germany is the leading country in this market, boasting an impressive CAGR of 49.5%. European countries that legalized medical marijuana
While more than 20 European countries have now introduced some form of legislation to permit the medicinal use of cannabis, Germany was the first major player to announce its intentions to legalize it in 2022, fully joining Malta and Luxembourg, which legalized recreational use in 2021 and 2023. Meanwhile, the Netherlands, previously known for its lenient stance on cannabis, has adopted a stricter approach in recent years to deter cannabis tourism.
Malta and Luxembourg have legalized cannabis for adult use. Switzerland and the Netherlands have implemented pilot programs for regulated cannabis supply. Germany and the Czech Republic are considering legalization. Meanwhile, Spain, Portugal, Italy, Belgium, Austria, Croatia, Estonia, and Slovenia have decriminalized cannabis possession to varying extents.
How to get medical marijuana in Europe?
It is important to know that marijuana is illegal, but medical marijuana is legal, and you need a doctor's approval and prescription to get it legally.
Cannabis-based products are allowed in many European countries, but each country has its regulations and laws governing their use.
In the Schengen area, you can obtain a prescription for medical cannabis and travel with it if necessary. However, getting a prescription from your doctor can be challenging, possibly due to a lack of knowledge about marijuana or medical cannabis among healthcare professionals.
Even the definition of 'medical cannabis' is not fully agreed and terminology has grey areas. CBD is a chemical substance found in cannabis that has medical benefits. It is the key ingredient of approved medical cannabis drugs for children and adults with a rare form of epilepsy. CBD oils and supplements are also offered to consumers over the counter, but the efficacy of weaker consumer preparations is unproven.
Legalization of cannabis in Germany in 2024
Germany emerged as the largest EU country to legalize recreational cannabis amidst strong opposition from political and medical circles. As per the initial phase of the contentious law, individuals aged 18 and above can now possess up to 25 grams of dried cannabis and cultivate up to three marijuana plants at home. These changes position Germany among the most progressive nations in Europe regarding cannabis legislation.
A Cannabis Agency (Cannabisagentur) was created in 2017 as a part of the local regulatory Agency, the German Federal Institute for Drugs and Medical Devices (BfArM), in parallel with the coming into force of the Cannabis as Medicine Act.
The Agency has selected, by a tender procedure, three companies that are allowed to cultivate cannabis in Germany (Aphria RX GmbH, Aurora Produktions GmbH, and Demecan GmbH) for a total production of approximately 2600 kg per year. BfArM started in July 2021 the state sale of medical cannabis from German cultivation, maintaining also open the possibility of importing the plant for medical use.
