Frequently asked questions (FAQ): Cannabis laws in Europe

Cannabis is Europe’s most commonly consumed illicit drug and also the substance associated with the most drug law offences in the region.

This Frequently asked questions (FAQ) on cannabis laws in Europe, aims to answer questions commonly raised  in discussions about cannabis legislation. While the primary focus is on the use of cannabis for recreational purposes, relevant legislation for other uses, including medical and commercial cannabis-derived products such as cosmetics, wellness products and foods, is included in order to provide the necessary context for various policy initiatives.

Last revised: 21 April 2026

Background and context

Cannabis is Europe’s most commonly consumed illicit drug and also the substance associated with the most drug law offences in the region. It is conservatively estimated that over 27 % of all adults in the European Union (EU) aged 15–64 have used cannabis at least once during their lifetime, while nearly 20 % of those in the 15–24 age group are estimated to have used it in the last year. There were an estimated 1.5 million drug law offences reported in the European Union in 2020. With approximately 642 000 reported offences in 2020, cannabis accounted for more than three quarters of the use or possession offences in which the drug was known. About 93 000 cannabis supply offences were reported in 2020, accounting for over half of all drug supply offences.

While these figures give an indication of the scale of public health and criminal justice system challenges related to this drug, the estimated rates of use, size of the illegal market and nature of policy responses to cannabis vary considerably across countries in Europe. Rapid changes have been taking place in this field, including the creation of legal recreational cannabis markets in the Americas, and, in many parts of the world, the emergence of new forms of the drug and the introduction into commercial markets of products containing material that has been derived from the cannabis plant. These changes underline the importance of monitoring and evaluation data to understand the potential health and social impacts of these developments and to support evidence-based drug policymaking.

Since 2014, the supply and use of cannabis for recreational purposes, as opposed to medical or industrial purposes, have been legalised in many American states, as well as in Uruguay since 2012 and in Canada since 2018. This has led to an increase in media and public discussions about the laws and regulatory frameworks that prohibit or, under some circumstances, may permit cannabis use and supply in Europe. Policy models for cannabis supply adopted by jurisdictions in the Americas are diverse and include private commercial sales, state-managed sales, non-profit communal cultivation (such as cannabis social clubs) and personal cultivation, among other approaches. The impact of these regulatory models is being closely monitored, following concerns that they may lead to increases in cannabis use and related harms. Meanwhile, many in favour of legalisation have argued that a regulated supply of the drug may in fact mitigate some of the social and health harms related to cannabis use and illegal cannabis markets.

This is all happening at a time when scientific understanding regarding the effects of cannabis potency on mental health (e.g. psychosis, anxiety and cannabis use disorders) is still evolving. Overall, use of higher potency cannabis has been associated with an increased risk of mental health problems. At the same time reports continue to emerge regarding natural cannabis products purchased as illegal cannabis being adulterated with synthetic cannabinoids, some of which are highly potent and have been linked to poisonings and deaths.

Competing claims, in the context of policy changes that have occurred in various parts of the world on an issue about which the public and political debate is highly polarised, have underscored the importance of carefully considered and rigorously implemented policy evaluation frameworks. Such frameworks are crucial to informing evidence-based assessments that consider how well and to what extent a policy has been implemented, whether its objectives have been achieved and whether it has had any unintended effects.

In the European Union, important developments are also taking place in cannabis policy. In December 2021, Malta passed a law that permitted the limited growing of cannabis at home and in registered non-profit growing clubs, as well as its use in private homes. An Authority for Responsible Use of Cannabis to coordinate implementation has also been established. The system of limited cannabis distribution that has existed in the Netherlands since the 1970s has seen further developments, with the recent establishment of a ‘closed coffeeshop supply circuit’. This pilot project aims to assess the possibility of regulating a quality-controlled supply of cannabis to coffeeshops and to study the effects of such a regulated supply chain on crime, safety, public nuisance and public health. Currently, while sales of cannabis from coffeeshops are tolerated, the shops themselves must obtain their supplies from the illicit market.

Meanwhile, governments in Czechia, Germany, Luxembourg and the non-EU country Switzerland have announced plans for the regulated supply of cannabis for recreational use. Switzerland started pilot trials of legal cannabis sales in early 2023. Germany is planning to permit home growing and non-profit clubs, and Luxembourg is planning to permit home growing; both countries expect a system of sales to be developed later. Czechia has stated the intention to establish a regulated and taxed distribution system for recreational use.

The last decade has seen considerable research into potential medicinal uses of cannabis. Some cannabis-derived medicinal products are now authorised for specific therapeutic indications in the European Union. Programmes for permitting the medical use of cannabis preparations have also been implemented for certain medical conditions in some EU Member States. These programmes are usually highly controlled to reduce the risk of cannabis being diverted onto the illicit market.

Since 2016, there has been considerable commercial promotion of cannabis products that contain low amounts of tetrahydrocannabinol (THC), the cannabinoid most associated with cannabis intoxication. In addition, products are being marketed that purportedly contain cannabidiol (CBD), a cannabinoid that is now promoted as having many potential health benefits, although for most conditions the currently available evidence base is limited, making it difficult to judge the veracity of these claims. The therapeutic use of cannabis preparations in state-approved programmes and the proliferation of commercial sales of low-THC cannabis products in some countries only serves to further complicate an already challenging policy landscape.

These developments have influenced action at the international level. A 2018 critical review by the World Health Organization (WHO) Expert Committee on Drug Dependence, focusing on cannabis and related substances and their effects, led to a vote in December 2020 at the United Nations (UN) Commission on Narcotic Drugs on the reclassification of these substances under international law. On the occasion of this vote, the EU Member States declared that ‘The EU stands together to support scientific progress in relation to cannabinoids, also with regard to possible medical use, while opposing the trivialisation of their non-medical use that represents a health risk’ (EEAS, 2020). While cannabis and related substances remain controlled under Schedule I of the 1961 Convention, one of the WHO’s recommendations on reclassification was approved, removing cannabis from Schedule IV of the UN Single Convention on Narcotic Drugs. This schedule lists the drugs that are considered most dangerous and of little or no therapeutic benefit.

The speed and scale of cannabis policy change and the potential impact of these policies on public health and safety, has prompted the EUDA to publish this report, which outlines key issues related to cannabis legislation, including an overview of current policies and laws at the EU level and in individual Member States. The topic of synthetic cannabinoids, and in particular the rise in illicit marketing and use of these substances, is not addressed here, as it is covered in detail in a module of the European Drug Markets Report (See also the EUDA topics hub on new psychoactive substances).

How this FAQ is structured

Note for the reader

This FAQ is intended for a broad audience and provides brief answers to some of the most frequently asked questions that arise in discussions on cannabis legislation. While its primary focus is on the use of cannabis for recreational purposes, relevant legislation concerning other uses is also included in order to provide necessary context for various policy initiatives.

Readers should note that, although every effort has been made to ensure the accuracy of the information presented, this is a rapidly evolving area. As a result, some answers may not fully reflect the most recent legislative developments.

List of figures and text boxes in this FAQ

Figures and text boxes available in this publication may be found below.

Figures

• Figure 1. Penalties in law for drug offences in European countries
• Figure 2. Penalties in law for consumption of cannabis in European countries
• Figure 3. Penalties in laws: the possibility of incarceration for possession of cannabis for personal use (minor first offence)
• Figure 4. Cannabis use before and after changes in legislation in selected countries: use in the previous 12 months among young adults (age 15–34)
• Figure 5. Comparison of reported drug offences, convictions and application of statutory alternatives to punishment in Austria, 2009–2019
• Figure 6. Drug law offences related to possession or use: type of ruling for administrative offences, by year, 2009–2019
• Figure 7. Sentences for supply of a given quantity of cannabis resin in EU Member States
• Figure 8. Cannabis and cannabinoids for medical or therapeutic purposes: some examples
• Figure 9. Flow chart for the classification of new cannabis varieties into types

Text boxes

• Determining THCA and THC content in cannabis products
• Overview of the UN drug conventions
• Example: Cannabis use offences in Europe
• Example: Custodial and non-custodial approaches to drug possession for personal use
• Key definitions
• Example: alternatives to coercive sanctions in Europe
• Example: Penalties and limits to cultivation for personal use
• Example: ‘Drug use in group’ as a supply offence
• Driving under the influence: definition
• How to plan for, or evaluate, changing cannabis laws
• Examples of cannabis-derived medicinal products in Europe

More resources

Each section contains links to relevant additional resources. These resources and some more general resources related to cannabis and laws may be found below.

• Determining THCA and THC content in cannabis products.
• International drug control conventions.
• WHO Expert Committee on Drug Dependence, Critical review of cannabis and associated substances.
• Cannabis control and the right to privacy, EMCDDA Cannabis drug policy news, 3 January 2019.
• Penalties at a glance, EMCDDA Topics overview, 18 November 2022.
• Drug trafficking penalties across the European Union: a survey of expert opinion, EMCDDA, 2017.
• Drug law offence statistics, EMCDDA Statistical bulletin, 2022.
• Treatment demand, EMCDDA Statistical Bulletin, 2022.
• Study on alternatives to coercive sanctions as response to drug law offences and drug-related crimes, European Commission, 2016.
• Legal approaches to drugs and driving, EMCDDA Topics overview.
• Cannabis and driving: questions and answers for policymaking, EMCDDA and Canadian Centre on Substance Use and Addiction, 2018.
• Cannabis and driving, International Council on Alcohol, Drugs and Traffic Safety, 2023.
• Evaluating drug policy: a seven-step guide to support the commissioning and managing of evaluations, EMCDDA, 2017.
• Monitoring and evaluating changes in cannabis policies: insights from the Americas. EMCDDA, 2020.
• Low-THC cannabis products in Europe, EMCDDA, 2020.
• THC sampling procedure: Commission Delegated Regulation (EU) No 639/2014.
• Tobacco Products Directive 2014/40/EU.
• European Commission, EU cosmetics regulations.
• Food safety in the European Union, European Union.
• Scientific report on ‘Acute human exposure assessment to THC’, EFSA, November 2019. Statement on cannabidiol as a novel food: data gaps and uncertainties, EFSA Journal, June 2022.
• EU Plant variety database.
• Medical use of cannabis and cannabinoids: questions and answers for policymaking, EMCDDA, 2018.
• A summary of reviews of evidence on the efficacy and safety of medical use of cannabis and cannabinoids, background paper by Wayne Hall, 2018.
• For further information on the EU regulatory framework see:
• European Medicines Agency, About us, What we do.
• European Commission, Authorisation procedures: The centralised procedure.
• WHO Expert Committee on Drug Dependence, Critical review of cannabis and associated substances.
• EU Community Plant Variety Office.
• EU Intellectual Property Office.

References

All references used in this publication may be found below.

• Abuhasira, R., Schleider, L. B.-L., Mechoulam, R. and Novack, V. (2018), ‘Epidemiological characteristics, safety and efficacy of medical cannabis in the elderly’, European Journal of Internal Medicine 49, pp. 44–50.
• Bramness, J. G., Dom, G., Gual, A., Mann, K. and Wurst, F. M. (2018), ‘A survey on the medical use of cannabis in Europe: a position paper’, European Addiction Research 24, pp. 201–205.
• Canadian Pharmacists Association (no date), How to help patients find a safe and effective dose: Cannabis for Medical Purposes.
• Casajuana Kögel, C., Balcells-Olivero, M. M., López-Pelayo, H., Miquel, L., Teixidó, L., Colom, J., Nutt, D. J., Rehm, J. and Gual, A. (2017), ‘The Standard Joint Unit’, Drug and Alcohol Dependence 176, pp. 109–116.
• Committee on Herbal Medicinal Products (2021), Compilation of terms and definitions for cannabis-derived medicinal products, European Medicines Agency, Amsterdam.
• Cooper, Z. D. and Abrams, D. I. (2019), ‘Considering abuse liability and neurocognitive effects of cannabis and cannabis-derived products when assessing analgesic efficacy: a comprehensive review of randomised-controlled studies’, American Journal of Drug and Alcohol Abuse 45(6), pp. 580–595.
• EEAS (European External Action Service) (2020), ‘EU votes at the UN Commission on Narcotic Drugs to ensure most relevant international control for cannabis and cannabis-related substances’, Delegation of the European Union to the International Organisations in Vienna, 2 December.
• EIHA (European Industrial Hemp Association) (2021), Reasonable regulation of cannabidiol (CBD) in food, supplements, medicine and cosmetics, Brussels.
• EMA (European Medicines Agency) (no date), About us, what we do.
• EMCDDA (2011), Annual report 2011: the state of the drugs problem in Europe, Publications Office of the European Union, Luxembourg.
• European Monitoring Centre for Drugs and Drug Addiction (2017a), Drug trafficking penalties across the European Union: a survey of expert opinion, Technical report.
• EMCDDA (2017b), Evaluating drug policy: a seven-step guide to support the commissioning and managing of evaluations, Publications Office of the European Union, Luxembourg.
• EMCDDA (2020a), Low-THC cannabis products in Europe, Publications Office of the European Union, Luxembourg.
• EMCDDA (2020b), Monitoring and evaluating changes in cannabis policies: insights from the Americas, Technical report, Publications Office of the European Union, Luxembourg.
• EMCDDA (2022), European drug report: trends and developments 2022, Publications Office of the European Union, Luxembourg.
• EMCDDA and Europol (2019), EU drug markets report 2019, Publications Office of the European Union, Luxembourg.
• ENCOD (2011), Code of conduct for European cannabis social clubs, ENCOD, Antwerp.
• European Commission (2022), Impact of drugs on communities, Flash Eurobarometer 493.
• European Commission (no date), Hemp, accessed on 12 May 2023.
• Federal Office of Public Health (2023), Pilot trials with cannabis, accessed on 12 May 2023.
• Freeman, T. P. and Lorenzetti, V. (2020), ‘“Standard THC units”: a proposal to standardize dose across all cannabis products and methods of administration’, Addiction 115, pp. 1207–1216, doi:10.1111/add.14842.
• Freeman, T. P., Craft, S., Wilson, J., Stylianou, S., ElSohly, M., Di Forti, M. and Lynskey, M. T. (2021), ‘Changes in delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD) concentrations in cannabis over time: systematic review and meta-analysis’, Addiction 116, pp. 1000–1010, doi:10.1111/add.15253.
• Giese, M., Lewis, M., Giese, L. and Smith, K. (2015), ‘Development and validation of a reliable and robust method for the analysis of cannabinoids and terpenes in cannabis’, Journal of AOAC International 98(6), pp. 1503–1522.
• Government of the Netherlands (no date), Controlled cannabis supply chain experiment, accessed on 12 May 2023.
• Hall, W. (2018), A summary of reviews of evidence on the efficacy and safety of medical use of cannabis and cannabinoids, EMCDDA, Luxembourg.
• Hughes, B., Matias, J. and Griffiths, P. (2018), ‘Inconsistencies in the assumptions linking punitive sanctions and use of cannabis and new psychoactive substances in Europe’, Addiction 113(12), pp. 2155–2157.
• Hughes, B., Vandam, L., Mounteney, J. and Griffiths, P. (2021), ‘Regulatory approaches to cannabidiol in the European Union: are market developments sowing the seeds of confusion?’, Addiction 117(1), pp. 3–4.
• International Narcotics Control Board (INCB) (2022), Report of the International Narcotics Control Board for 2021, United Nations, Vienna.
• Krcevski-Skvarc, N., Wells, C. and Hauser, W. (2018), ‘Availability and approval of cannabis-based medicines for chronic pain management and palliative/supportive care in Europe: a survey of the status in the chapters of the European Pain Federation’, European Journal of Pain 22, pp. 440–454.
• Mennes, R., Schoonbeek, I., van der Molen, J. and Bieleman, B. (2019), Coffeeshops in Nederland 2018, Breuer & Intraval, Utrecht/Den Haag.
• NIH (National Institutes of Health) (2021), Establishment of a standard THC unit to be used in research, Notice of Information, Notice Number NOT‑DA‑21–049.
• Norwinski, E. J., Pippins, R., Tsang, L., Willcocks, J. and Williams, A. (2019), EU regulation of CBD in foods and cosmetics, Advisory, Arnold & Porter.
• Pardal, M., Decorte, T., Bone, M., Parés, Ò. and Johansson, J. (2022), ‘Mapping cannabis social clubs in Europe’, European Journal of Criminology 19(5), pp. 1016–1039, doi:10.1177/1477370820941392.
• Ramaekers, J. G., Mason, N. L., Kloft, L. and Theunissen, E. L. (2021), ‘The why behind the high: determinants of neurocognition during acute cannabis exposure’, Nature Reviews Neuroscience 22, pp. 439–454.
• Rogeberg, O. and Elvik, R. (2016), ‘The effects of cannabis intoxication on motor vehicle collision revisited and revised’, Addiction 111, pp. 1348–1359.
• United Nations (1961), Single Convention on Narcotic Drugs, United Nations, New York.
• United Nations (1971), Convention on Psychotropic Substances, United Nations, New York.
• United Nations (1988), Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, United Nations, New York.
• WODC (2009), Evaluation of the Dutch national drug policy, Trimbos‑instituut, Utrecht/Den Haag.