NORML Annual Conference, February 3-5, 2000

Author: Joel Auster

*15 members of the European Union plus Switzerland

Preambule - From the EMCDDA Report, 1998

Cannabis is one of the most controversial policy issues in EU countries. Although it is a classified narcotic drug placed under control by the United Nations and by all Member States, the measures adopted to control it vary considerably. While aIl Member States' drug laws involve severe measures against trafficking in cannabis, there are significant differences for 'personal use' consumption or possession, which themselves are defined and regulated in different ways from one country to another.·Some countries or regions tolerate some forms of cannabis possession and consumption.·Some countries apply less severe penalties when cannabis is involved in the offence.·Even in countries where the formal legislation is severe concerning penalisation for cannabis offences (for instance in Member States which do flot differentiate between drugs), there are increasingly pragmatic approaches to the implementation of drug legislation.

As most legislations adopt either a punitive or clinical perspective for dealing with drug use offences, the concept of 'recreational use' is not generally recognised and poses practical difficulties for the implementation of criminal justice policy.

LEGAL COMPARATIVE TABLE

Updated January 2000

Classification Legend

DU : Depenalization/tolerance of use/consumption (small amounts generally), i.e. "use is not an offense"

DP : Depenalization/tolerance of possession/detention (small amounts generally)

RU : Distinctions between "regular users" and "occasional users" in prosecutions and sentences

SD : Dictinction between "soft" and "hard" drugs (i.e., cannabis not classified in the same category as heroin or other hard drugs)

LC : Legalization schemes for dealing and private consumption

L? : Country which would be ready to adopt some kind of "controled legalization" schemes

P? : Country that seems to move towards more prohibition

(..) : Tendancy towards...

Country	Classes	Details
Austria	DU - DP	Withdrawal of reports in case of first consumption of cannabis. Penalties are defined also according to the quantity of drug involved; petty crimes (small quantity) fine and/or up ta six months' imprisonment.
Belgium	DU - DP RU	Possession and cultivation for personal use less likely to be punished. To use in public, incite use, sell or traffic remain serious offences.
Denmark	DU	No formal distinction between drugs. A first offence results in entry in Central Criminal Register. Subsequent offences resuit in fines or penalties. Recommendation of cautions for possession of small quantities.
Finland	(RU)  (SD)	Use sentenced with a fine, or a maximum of 2 years' imprisonment. In the application of penalties no distinction is made between drugs (however, Finnish Law contains the concept of 'very dangerous drug', which may cause death by overdose or senious damage to health).
France	RU P?	No legal distinction between drugs, the use of which can result in a fine and/or up to one year imprisonment. Medical treatment and social care for heavy cannabis users, acceptance of treatment being an alternative to penalties. Warning for first offence of cannabis use, if use is occasional and the user socially integrated. In practise, police can keep in custody for 4 days (instead of 2 for other crimes) someone found with small quantities of cannabis, officialy to prevent networked-trafficking.
Germany	DU DP RU	Possession of small quantities for personal use is a criminal offence, but will not be prosecuted/punished as long as the person is not a regular user and that there is no harm to third persons. Landers' Attorneys determine what is a "small amount" that would not lead to punishment: - Schleswig-Holstein: 30 g - Hessen and Northrhine-Westfalia: 10 g to 30 g - Hamburg: "the volume of one match-box" or 10 g - Berlin, Bremen, Saarland: 10 g - Bavaria, Baden-Wurttemberg: 6 g.
Greece	DP RU	No distinction made between 'soft'and 'hard' drugs. It is considered that use can result in psychological and/or physical dependence, acts as a 'gateway drug' and a risk to society.
Ireland	RU SD	Distinction made between possession for personal use and possession with intent to supply. Fines for possession of cannabis for personal use for flrst or second offences.
Italy	DU - DP SD	A 1993 referundum has confirmed 1970s laws that officially depenalized consumption. Warning for first offence of possession for personal use. Subsequent offences having the purposes of personal use result in administrative sanctions (suspension of driving licence, gun licence or passport). A new law may distinct non-regular commerce and organized traficking
Luxembourg	(RU)	No distinction between soft and hard drugs, but courts distinguish between: a) users who can receive a single warning (in case of very first time) or treatment (consumption not usually prosecuted); b) dealers who are pursued with repressive measures.
Nederlands	DU - DP SD LC - L?	Possession and sale of up to 5 g is generally not investigated. Possession up to 30 g is a minor offence, with a maximum sentence of one month's imprisonment and/or fine. Some guidelines specify terms and conditions for sale, possession and use. Special licences to public places (coffe-shops) that can sell up to 5 g per time per user.
Portugal	(RU)	Each drug has an official daily dose limit. Possession is criminal offence since a 1993 law (before it was tolerated). If proven it is for personal use and the person is an occasional user small quantities may be punished less severely, even if it is registered in the criminal record. If quantity above three times the average daily permitted : punished more severely
Spain	DU - DP SD P?	Possession and use in public places is sanctioned by administrative measures. Distinction is made between drugs which cause serious health problems and those that do not, for cultivation and dealing.
Sweden	(DU)	Possession and use of cannabis are prohibited. Penalties are defined according to the quantities involved. Use of cannabis is sentenced with a fine. On a voluntany basis the fine could be exchanged for counselling.
Switzerland	(DU - DP)	Federal Law (LStup, revised in 1995) makes little distinctions between drugs in function of their health risks. LStup states that detention is like consumption -- except for "small amounts". Punished from a 3-days to a 3-years jail sentences or fines. Law enforcement and prosecutions depend on local powers (Cantons). German-speaking cantons are less strict, Frenc-speaking one more restrictive.
UK	DU (DP)  SD	Distinction made between drugs (cannabis is a class B drug, heroin and MDMA a class A one). Possession of carries a maximum prison sentence of 5 years and/on an unlimited fine. Supply of cannabis carries a maximum sentence of 14 years and/or an unlimited fine. Courts may also apply caution, probation or community service. A January 2000 report by a conservative think-tank proposed to depenalize cannabis and MDMA. Possession of cannabis should never attract a prison sentence, but should instead be subject to fines or other penalties.

Authors: Jerome Thorel / Joel T. Auster

Sources :
1. European Monitoring Center for Drugs and Drug Addiction (EMCDDA). Compilation of 1997, 98 and 99 reports.
2. "Tableau résumé des législations européennes en matière de toxicomanie", Observatoire français des drogues et de la toxicomanie (OFDT), internal survey, November 1998 (unnamed author).
3. "Drug Use : Scientific and technological conntributions to the assessment of policy options on drug use and related problems". Workshop of 23-24 April, 1998, organized by the Scientific and Technological Options Assessment (STOA) of the European Parliament.
4. Drugtext database on cannabis legislations, edited by the Foundation on Drug Policy and Human Rights (FDPHR), Amsterdam.
5. Personal thanks to Maitre Francis CABALLERO, lawyer in Paris, France, legal expert on drug policy; Doctor Lorentz BÖLLINGER, Dean, Legal Department, University of Bremen, Board Member of the FDPHR and of the Association for Cannabis in Medecine (ACM), Köln, Germany.

Personal collection of figures and facts, January 2000.