NORML's List: there may have been some changes since they last updated this.
The following is a listing of drug laws and general policy of the fifteen members of the European Community and Switzerland. Each description attempts to define: (1) the official drug laws on the books regarding use, possession, acquisition, and trafficking; (2) whether the country makes a legal distinction between cannabis and other drugs; (3) general penalties for drug offenses; and (4) enforcement procedures used in dealing with cannabis laws (also see Appendix B). The information provided was obtained in English from the Commission of the European Community and the European Monitoring Centre for Drugs and Drug Addiction. Whenever possible, individual embassies and consulates were contacted for additional assistance.
Austria
There is no reference in Austrian law to illicit drug consumption. Possession and acquisition of small quantities of drugs for personal use are punishable offenses depending on the policy of individual Federal states. The quantity of drugs involved largely determines the severity of the penalty. In cases where the offender is willing to undergo treatment, the courts may allow to charges to be provisionally set aside. Trafficking penalties in Austria are stiff: 5 years for basic offense, 1-15 years for smugglers of large quantities, and 20 years for gang leaders.
Reports are withdrawn in cases involving a first-time cannabis offense. Afterwards, penalties are defined according to the quantity involved, and can range anywhere from a fine to 6 months imprisonment.
Belgium
Belgian law makes no distinction between hard and soft drugs. Instead, the law makes a distinction between personal and collective use of drugs. Drug use is not a criminal offense when it is an individual, but it is an offense when used collectively. Group use carries a penalty of three months to five years in prison and/or a fine of 1,000 to 100,000 Bfrs. Acquisition and possession of drugs is an offense, which carries the same penalty as collective drug use. No distinction is made between possession for personal use and possession for trafficking. So, in theory, it is possible to have a small quantity of drugs for personal use and be charged with a trafficking offense. The penalty for trafficking is three months to five years imprisonment and a fine of 1,000 to 10,000 Bfs. However, the reality of the situation is not as staunch. Belgium has become more lenient in their law enforcement practices which is consistent with the general trend in Europe towards a more liberal drug policy.
In April of 1998, Belgian officials decided to relax the enforcement of prohibitionist laws regarding cannabis. Belgian laws have not changed. It remains illegal to possess and/or collectively consume marijuana, but the government has declared that cases of private possession and consumption will be the lowest priority of law enforcement.
Denmark
Denmark's legislation regarding drugs makes no distinction between hard and soft drugs, and drug use directly is not an offense. Acquisition of drugs is a criminal offense, and, the law makes no distinction between personal use and large scale trafficking, the latter subject to a penalty of up to six years imprisonment. In reality, the courts rarely view small amounts as "acquisition" and generally do not invoke severe penalties possible under the law. There are three categories of possession: for personal use, simple, and large scale. Possession for personal use is not an offense. If convicted, simple possession, meaning smaller amounts of less harmful drugs, can result in six years in prison. Large-scale possession of dangerous drugs can sentence one to up to ten years in prison.
Although cannabis is categorized in Danish law with cocaine, heroin, and other highly addictive substances (in accordance with 1961 UN Convention), a directive from the Chief Prosecutor "provides for particularly lenient treatment of local trafficking in [cannabis] or possession with a view to use." The tendency of the courts' action for possession for personal use is most often a warning or a fine. Possession of small quantities of cannabis normally results in just a warning and confiscation of the substance.
France
No distinction exists between hard and soft drugs in French law. In theory, all drug use is a criminal offense imposing a penalty of two months to one year in jail in addition to a fine of FF 500 to FF 15, 000. The application of the law, in actuality, is flexible. In most cases involving small amounts of drugs, the French courts can decide simply to issue a warning or impose a compulsory therapy order in lieu of prosecution. Drug possession, acquisition and/or trafficking is a criminal offense punishable anywhere from two to ten years in prison, as the law makes no distinction between small and large quantities. However, when the courts find a person obtaining drugs for personal use it is rare that the person is prosecuted under these guidelines and the charge is usually reduced to simple drug use.
In 1978, a circular from the Minister of Justice instructed prosecution dealing with cases of illicit use of cannabis (leaf or resin, with the exception of cannabis oil), to restrict action to a formal warning and recommendation that the user seek help from an institution providing psychological or educative support. The circular effectively decriminalized the use of cannabis leaf and resin in France. A later provision in 1987 extended the warning to the use of all narcotic drugs, with the exception to those people who exhibit symptoms of abuse. In abuse cases treatment can be made compulsory.
Finland
Drug use, possession, acquisition, and trafficking are all criminal offenses in Finland. In application of penalties, no distinction is made between drugs; however, Finnish law contains the concept of "very dangerous drug" (meaning narcotics) which pose a serious health risk. Cases involving drug violations are generally examined based on the specific circumstances surrounding the offense. Often prosecutors will withdraw from proceedings or waive punishment when there is a small quantity involved and the offender voluntarily undergoes treatment. Trafficking in any drug results in anywhere from 2-10 years imprisonment.
Cannabis offenses in Finland are generally punishable by a fine or a maximum of 2 years imprisonment.
Germany
There is no distinction between hard and soft drugs in German law. Drug use itself is not a criminal offense, however acquisition of drugs is a crime, regardless of the amount acquired, resulting in one month to four years imprisonment and an "appropriate" fine. In practice, the courts often waive prosecution if drugs are obtained for personal use. The amount which qualifies as acquisition with a view to personal use is left to the court's discretion. Possession for personal use can carry a penalty of up to four years, depending on the type of drug possessed and the degree of risk involved are factors taken into account by the courts. For a first offense with a small quantity of cannabis, the courts may not impose a penalty. Subjectively, the court decides what is considered "small." There is no amount or weight assignment given to a "small" amount nor a "significant" amount. The judge's interpretation, given each cases's circumstance, is the definition. Severity of the punishment is also dependent upon the controlling political party in the state where the offense occurs. In general, northern states are less conservative and tend to issue lesser punishment.
Germany's Supreme Court overturned its federal laws outlawing cannabis in April of 1994. This Supreme Court decision is in contrast with the legislation on drugs. Therefore, the legislation is still in effect, but low priority is given to prosecuting people in possession of cannabis for personal use.
Greece
Greek law makes no distinction between hard and soft drugs, although an interesting distinction that the law does make is between addicts and non-addicts. Drug use is only an offense when the user is a non-addict. Addicts obtaining drugs for personal use are compelled to treatment. An addict is defined as "any person who, having succumbed to the habit of drug use, is incapable of overcoming it without the help of specialized therapy." A specialist is enlisted by the court to draw up a report on anyone accused of or claiming to be an addict. Dependent users cannot be criminally prosecuted, but they are mandated to treatment for up to one year at a detoxification center. Non-addicts acquiring drugs for personal use is a crime punishable by two to five years of prison. The length of the sentence depends on the amount of drugs obtained and/or possessed. Possession by non-addicts with a view to use is not a specific offense, but it is covered indirectly under the laws of acquisition. Trafficking through negligence results in up to one year imprisonment while trafficking given aggravating circumstances carries a penalty of up to eight years in prison.
Ireland
Under Irish law, the acquisition and use of drugs, other than opium, is not a criminal offense. Although drug use is not illegal, possession of drugs is an offense generally carrying a penalty of a up to L1000 fine. Ireland does make a distinction between cannabis products and other drugs, and penalties are significantly higher for offenses involving 'hard drugs' than with cannabis products. A distinction is also made between the trafficking of cannabis as opposed to other drugs, however Irish law does not distinguish between personal and large scale trafficking of cannabis. A large-scale conviction could result in up to a seven years prison sentence and L1500 fine.
Italy
Drug legislation in Italy makes a distinction between hard and soft drugs. Drug use is not an offense, but acquisition and possession of drugs are offenses. The law bases maximum limits for possession on a reference dose calculated from the user's average daily intake of the drug.
Cannabis and cannabis products are classified as a Schedule II drug under Italian law. Following the established maximum limits for possession, possession of 1.5 grams of cannabis leaf or .5 grams of resin may result in simply a warning or administrative penalty (suspension of drivers license for example). Possessing larger amounts than the established daily dose or repeat offenses are penalized with a progressive scale of sanctions. Obtaining a drug for personal use is distinct from acquisition for a third party. The former (provided the amount is consistent with the indicated reference dose) may be only a minor offense, while the latter could be interpreted as trafficking and subject to more severe penalties. The penalty for trafficking in cannabis and other soft drugs is up to six years imprisonment and a fine of Lit 10 million-150 million.
Luxembourg
No distinction is made between hard and soft drugs in Luxembourg's legislation. Drug use is treated as a criminal offense. Individual use and/or acquisition is penalized with three months to three years and a fine of Lfrs. 2501 to Lfrs. 100,000. Group use or a repeat offense increases the punishment to upwards of six years in jail and/or fine of Lfrs 5,000 to 50,000,000. In practice, in certain cases only a warning is issued. All other cases are followed through with criminal proceedings. Court authorities have the right to order blood and urine tests where a drug offense is suspected. Refusal to submit to these tests carries a heavy fine and/or imprisonment. In practice, if possession is for personal use, a warning is normally issued if the case involves a small quantity and no aggravating circumstances are present. Trafficking in drugs can result in anywhere from one to five years imprisonment and/or a fine of Ffrs 5,000-50,000,000.
Netherlands
In the Netherlands, drug use is not a criminal offense. Acquisition of drugs, for personal use, is not a criminal offense. The law does specify possession as an offense, but the law is not enforced, and criminal action is never perused. Dutch drug policy makes a distinction between drugs that entail an unacceptable risk ('hard drugs' such as heroin, cocaine, and LSD) and hemp products ('soft drugs' such as marijuana and hashish). Possession, trafficking, and production are criminal offenses in the case of all drugs except for medicinal, scientific, and instructional purposes. However, the Public Prosecution service has created guidelines giving first priority to the import and export of hard drugs and the lowest priority to investigating and prosecuting offenses involving small quantities of soft or hard drugs for personal use.
Cannabis use is largely tolerated in the Netherlands. Small quantities of cannabis products may be purchased from retail dealers known as 'coffee shops' and consumed on the premises. The 'coffee shop rules' (enacted in 1991) allow individual municipalities to decide its level of tolerance to cannabis use. Provisions of the rules forbid advertising, sale to minors, and limit the amount of cannabis permitted to be sold at one time. Licensed coffee shop owners are also subject to state taxes and can be held responsible for any misconduct by their patrons.
Portugal
Drug laws in Portugal make no distinction between hard and soft drugs. Drug use is not an offense, but possession and acquisition of drugs are criminal offenses. The sentencing for these offenses varies depending if the court finds the user to be an addict or a non-addict. If the court finds the offender to be an addict dependent on obtaining the drug for personal use, medical treatment may be substituted for criminal sanctions. For recreational users, the maximum punishment for possession and/or acquisition has been traditionally three months in prison with an additional 90 days redeemable through a fine. In practice however, Portuguese officials may decide to waive the penalty in lieu of a reprimand if the drug use is accepted as having only been occasional. Trafficking in illicit drugs can carry a penalty of six to twelve years imprisonment and/or a fine of Esc 50,000-5,000,000.
On April 22, 1999, the Portuguese government announced a decision from the council of ministers to decriminalize the use and possession of drugs for personal use. This plan abolishes the three month imprisonment rendered as punishment for these offenses, and emphasizes harm-reduction strategies as an alternate means of control. Decriminalization does not mean that possession and use are not sanctioned, however penalties have been reduced to fines, community service, and/or revocation of driver licenses for minor drug offenders.
Spain
Spanish law differentiates between hard and soft drugs. Neither use nor possession of any drugs with a view to use are subject to penalty. The only criminal offenses under Spanish drug laws are manufacture, cultivation, trafficking, or incitement to use.
The use of cannabis is not a criminal offense directly, or indirectly. The acquisition of cannabis is not an offense, and possession for personal use is not an offense. However, if a judge decides that cannabis or cannabis products are possessed for trafficking, then the penalty is from three years to six years in jail and a fine of Pts. 500,000-50,000,000.
Sweden
All drug use, possession, acquisition, and trafficking are crimes and are punishable under Swedish law. Setting up a contact between a dealer and consumer is also punishable by law. The police also hold the right to confiscate any articles used for drug abuse or manufacture (paraphernalia). Crimes are divided into three degrees: minor, simple, and aggravated. Minor offenses carry a penalty of up to six months imprisonment; simple offenses up to three years, and aggravated at least two years and up to ten years in prison. The quantity and type of drug involved, rather than the activity, determines the grading of the offense.
Cannabis use is explicitly forbidden in Sweden. Offenses are defined according to the amount involved and punishable by fine. In some cases the fine can be exchanged for counseling.
Switzerland
Switzerland has been reassessing its drug policy in recent years moving away from criminal sanctions and more toward "harm reduction" strategies. Technically drug use, possession, and acquisition are prohibited under Swiss law; however, enforcement of the law varies greatly between the thirteen cantons who share different degrees of tolerance toward drug behavior.
New legislation is presently being enacted to better deal with the increasing cannabis consumption in Switzerland. In August of 1999, the Swiss Federal Department of Health issued a report proposing a formal policy of cannabis decriminalization. Director Thomas Zeltner stated, "we remain in the lead for innovative approaches addressing drug-related issues." Further, "the consumption of cannabis can't be avoided through prohibition." states the Swiss Department of the Interior.
The proposal states, "cannabis does relatively little damage to health" and under some circumstances "can have a therapeutic effect."
Cannabis is seen as a widely used recreational drug enjoyed by broad sections of the Swiss population. While a proposal is currently afoot to amend the Swiss Narcotics Act to exempt cannabis users from prosecution, most localities have already essentially decriminalized the consumer. The concern now lies with licensing and regulation of the cannabis market, similar to what has been done with the 'coffee shop policies' in the Netherlands.
United Kingdom
In the United Kingdom, use of drugs, other than opium, is not an offense. Possession and acquisition of drugs is an offense, and the UK divides drugs into three categories for the purpose of law enforcement. There are no special provisions exempting drug addicts from criminal responsibility.
Cannabis and cannabis resin are grouped into Category B. The penalty for possession and/or acquisition of a Category B substance is a summary offense of six months' imprisonment and/or a fine of L400, or upon indictment up to five years in prison. In practice, the courts usually impose a fine in cases involving cannabis products. Trafficking (also to include personal cultivation) carries a possible twelve months in prison and/or L400 fine.
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