Compiling this report has been an effort of: 100+ hours of reading, 50+ hours of extracting the crucial information, 25+ hours of fact-checking, and 15+ hours of writing. It’s been exhausting and rewarding to the fullest. With this report, my intention is to summarise the state of cannabis legislation in the leading nations of the world. I’ve structured this report to achieve the following goals: Allow you to compare nations based on specific aspects of cannabis legislation Allow you to understand an overview for each country, within 5 minutes reading Point you to original legal material rather than re-working it myself (and risking the loss of nuance) 5 Things I Wish To Declare Instead of re-working legislative commentary and legal language, I’ve included original sources. For every country, I’ve summarised the medical, recreational, industrial aspects of cannabis use. Countries differ in what they treat as non-psychotropic or non-narcotic cannabis, (based on limits of THC content). I’ve included this crucial detail in my comments. I’ve relied heavily on the two industry reports included in the sources. Both of these reports, however, are from 2020-21. In only one year from then, the global cannabis legislation has evolved significantly. My report captures these changes. You’ll need to understand the differences between terms such as illegal, decriminalised, and restricted. Illegal: categorically declared an act of civil or criminal offence in law. Decriminalised: struck down from a law that previously made an act an offence. Restricted: allowed by law but with restrictions. Cannabis Laws and Regulations in California, USA Intro The legal landscape for cannabis in the USA is as liberal as it is complicated. While federal law declares cannabis as a Schedule I drug, several states have legalized its medical and recreational use. The Rohrabacher–Farr amendment prohibits the federal prosecution of individuals who comply with state cannabis laws. This means state laws take precedence over federal laws. In California, medical cannabis has been legal since 1996. Recreational use was legalized in 2016. The state has been at the forefront in liberalizing cannabis policy and legislation. Understanding the trends in California may help readers anticipate the direction for many other states in the USA. Notes on Medical, Recreational, and Industrial Use Of Cannabis In California Medical Use In the USA, medical use of cannabis is allowed in 36 states. In California, medical users are allowed to grow cannabis for personal use, without limits. Non-medical users are allowed a limit of six plants per household. Medical users are exempt from the payment of certain taxes when they purchase cannabis and derivative products. Medical cannabis may be purchased only from licensed retail stores. Recreational Use Recreational use of cannabis is legalized in 18 USA states. Further, 13 states have decriminalized the recreational use of cannabis. On November 8, 2016, Proposition 64 – the Adult Use of Marijuana Act was passed and legalized recreational cannabis for adults over 21 years of age in California. Such adults are allowed to possess, process, transport, obtain, purchase, smoke, ingest, or give away without compensation, up to one ounce of dry cannabis (or 8 grams of concentrated cannabis) to adults of 21 years of age, or over. Industrial Use Industrial use of cannabis in California is widespread. The production and sale of edibles, vapor oils, flowers are allowed. The 2018 Farm Bill made CBD products legal in the USA (with a THC concentration of less than 0.2%). The FDA, however, didn’t grant blanket approval to all food items containing CBD. Such products remain vulnerable to scrutiny by the FDA, and the same situation prevails in California. Important Statutes and Regulations For Cannabis In California Business & Professions Code Health & Safety Code Governing Bodies for Cannabis in California Bureau of Cannabis Control California Department of Food and Agriculture California Department of Public Health 3 Things to Know Cannabis functions allowed in California Growing, possessing, and retailing cannabis, as well as industrial hemp, are allowed in California. Growers and suppliers need to register and apply for permits in California. Cannabis import and export provisions in California The export of cannabis across California’s state borders is prohibited. Hemp, however, is not subject to these restrictions. Crucial issues faced by the cannabis industry in California Black marketing of cannabis is the biggest problem in California. This means that buyers can pay a fraction of the cost they’d pay at the licensed retail store. For the enforcement authorities, this is a challenge. Raids and confiscations of property linked to unlicensed growth and sale of cannabis are common in California. Cannabis Laws and Regulations in Canada The use of cannabis is completely legal in Canada. Prohibition on the medical use of cannabis was lifted on 30th July 2001. Any restrictions that existed on recreational use were removed by the federal Cannabis Act, which came into effect on 17th October 2018. This made Canada the second nation in the world to completely decriminalize the possession and consumption of cannabis. There are no legal hurdles to growing cannabis and trading in derived products. The cannabis industry stood at 2.6 billion CAD in 2020 and is poised to grow to 8.6 billion CAD by 2026. Notes on Medical, Recreational, and Industrial Use Of Cannabis In Canada Medical Use Patients can access cannabis by: Purchasing from licensed sellers who are authorized by the federal government. Becoming registered producers with a permit to grow small quantities. Having someone else cultivate for them. Buying from retail outlets and online platforms, subject to territorial laws. Possession is limited to 150 grams or a month’s prescription, whichever is lower. Recreational Use Though the Cannabis Act has decriminalized the use and possession of cannabis. Rules vary among provinces. In Alberta, the minimum age for use is 18 while in Quebec it is 21. The Cannabis Act allows each household to grow four cannabis plants but Quebec does not allow it. Manitoba allows it to those with a medical license. Manitoba, New Brunswick, and many other provinces have no restriction on the amount that can be […]
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