Written by: Josh Socket

October was a big month for Cannabis in North America. On October 6th, Joe Biden announced a pardon for all Federal offenses for simple cannabis possession. He also urged state counterparts to pardon simple cannabis possession offenses at the state level. October 17th marks the fourth anniversary of legalization in Canada. North America’s three countries—Canada, the USA, and Mexico are all at different levels of cannabis reform.

There are roughly 44 European countries, and each has its own laws and rights to govern cannabis as they see fit. Some are members of the EU and the UN. Depending on the size of their economies, European countries don’t necessarily need to comply with the EU and UN rulings. Unfortunately, many countries within the EU and UN are divided on cannabis legalization, which continues to keep European and international cannabis laws at a standstill.

Europe: A Patchwork of Cannabis Legislation

There is no unified European ruling on cannabis. Cannabis laws in Europe are a patchwork of laws. Much like its people, cultures, languages, and landscapes. Every European country has the right to define its own laws. In 2021, Malta completely legalized cannabis - making it the first country in Europe to legalize cannabis entirely. As of October 2022, Malta stands alone.

Europe’s cannabis laws can loosely fit into three categories. However, even within these three categories, many variances exist between their laws and overlapping.

These three categories are:

Countries with medical cannabis reform.
Countries with decriminalization reform.
Countries where cannabis remains illegal.

Not mentioned above is Malta because Malta has completely legalized cannabis.

Countries with varying degrees of medical reform not listed are Portugal, Romania, Slovenia, Sweden, Switzerland, The Netherlands, and Ukraine.

Medical Cannabis: No Two Are The Same

Each European country has its own definition and regulations for what constitutes medical cannabis. This includes how patients access medical cannabis and who authorizes their access. It also includes what sort of treatments are deemed worthy of prescription. Some countries, like Greece or Poland, have prescription systems and pharmacies where patients can purchase their medical cannabis.

Many countries limit medical cannabis products to pre-approved synthetics such as Sativex, Dronabinol, Nabilone, and other non-flower products. In addition, these countries continue to keep cannabis flowers, edibles and vape products illegal. Many countries also limit potency levels.

There are also countries where medical cannabis is legal in practice, but the number of patients being treated with cannabis is nearly non-existent.

Decriminalized: Still Illegal, The Punishments Aren’t As Harsh

It’s crucial to start this section with a statement: Decriminalization does not mean legalization. Instead, it means less harsh punishment.

There are roughly 16 European countries with varying degrees of decriminalization. These efforts have typically taken place to reduce harm around drug use. For example, Portugal decriminalized all drug use in 2001 to shift the emphasis from punishment to treatment. Norway has also decriminalized all drugs with a focus on treatment and rehabilitation.

Decriminalization does not mean significant possession, cultivation, purchase, sale, import, or export are legal. It means possession under a predefined amount will lead to warnings and fines. All European countries have different definitions of minor possession too. In Belgium, 3 grams is considered a “user amount.” Meanwhile, in Norway, small possession is deemed 15 grams.

Countries with decriminalized cannabis will still consider the amount possessed, potential intent, and the number of offenses when deciding how to proceed with your case.

Countries Where Cannabis is Strictly Illegal

There are roughly 40 countries with varying levels of illegality. There are some European countries like Russia, Finland, Hungary, and Serbia, where there are strictly enforced laws for anything involving cannabis. In these countries, even more, minor possession could lead to harsh fines and/or jail time.

These laws are influenced by public opinion, private interests, and government outlooks. As a result, not all laws reflect the views of the country’s citizens.

In some European countries, cannabis can still lead to prison time or serious fines while also having a medical market. For example, in Greece, without the proper medical prescription, one can earn anywhere between ten days and five years for cannabis possession. Ironically, Greece is also looking to expand into medical cannabis tourism.

The Malta, Germany, Luxembourg Conversation

In July 2022, representatives from Germany, Malta, Luxembourg, and Holland met to discuss legal adult use and oversight in the market. The four countries recognized that cannabis will be bought and sold regardless of legislation, and legalization would allow for quality and potency to be monitored. The Netherlands then opted not to take part.

These are formal steps to create a European regulatory solution that could be adopted across the continent. Germany’s economy is the largest in Europe, and many, like France and Spain, will follow Germany’s lead.

Many European countries face one issue when considering cannabis legalization: the EU Council Framework Decision – 2007/757/JHA – Article 2: This mandate dictates that member EU states must punish the production and sale of cannabis.

There are 27 member countries in the EU. Depending on a country’s position globally and in the EU, the EU ruling may prevent their legalization. On the other hand, having a larger population, economy, or influence in Europe could create legal leeway. Interestingly enough, Malta is a member of the EU. They’ve legalized despite the mandate. This could set an interesting precedent for other countries looking to legalize.

Hopefully, 2023 will start to see the Green Wave many have been waiting for. Of course, not every European country will legalize or even decriminalize, but the few that do will be pioneers—leading the way and inspiring others to follow suit.

Meanwhile, the industry in Canada, The United States, parts of Europe, Israel, Uruguay, and now Thailand is booming! Check out our job postings! And if you’re a cannabis company looking to up your staffing game anywhere in the world, don’t hesitate to check out our services!

European Cannabis Laws in 2022: A legalization patchwork-in-progress