Legal status of hemp

Hemp containing psychoactive substances ( tetrahydrocannabinol ), as well as drugs from it, have different legal status in different countries: from a complete ban to a complete legalization or permission to grow a certain amount and / or acquire small doses for personal use.

Thailand

In Thailand, the storage, cultivation, use and transportation of hemp is illegal. These actions may result in imprisonment and / or fine.

Prescribed punishment ^[1] :

• For the production, import or export of hemp - From 2-15 years in prison and a fine of 200,000 - 1,500,000 baht.
• For distribution or storage for the purpose of distribution - From 2-10 years in prison and / or a fine in the amount of 40,000 to 200,000 baht. If the amount exceeds 10 kilograms, the term is extended to 15 years and the fine to 200,000 - 1,500,000 baht.
• For the storage of hemp - imprisonment for a term not exceeding 5 years, and / or a fine not exceeding 100,000 baht.
• For use - imprisonment for a term not exceeding 1 year, and a fine not exceeding 100,000 - 1,000,000 baht.

Ukraine

Distribution (sale) and storage of marijuana in Ukraine is illegal. Cannabis, cannabis resin, cannabis extracts and tinctures are included in the list of "Particularly dangerous narcotic drugs, the circulation of which is prohibited." Storage of up to 5 grams provides for administrative liability, more than 5 grams - criminal prosecution. ^[2]

Full legalization

Uruguay

Uruguay became the first country in the world to fully legalize marijuana. On December 10, 2013, the Senate of Uruguay approved a bill that completely decriminalizes the cultivation, sale, purchase and use of marijuana. This was preceded by the approval of this law by the lower house of the Parliament of Uruguay at the end of 2012. A state monopoly has been introduced for the sale of cannabis. Only persons over 18 years of age who have previously registered in a special database will be able to buy it. They will be able to purchase up to 40 grams of marijuana per month in pharmacies with a special license, or grow up to six bushes of plants at home. Uruguayan President Jose Mujica also supported this law. He believes that the law will deprive the drug dealers of their income, and the consumption of hard drugs will decrease ^[3] .

In May 2014, a draft law was published regulating the sale of hemp to the population. According to the project, the retail price of marijuana in licensed pharmacies should not exceed $ 1 per gram ^{[4] [5]} . The British weekly The Economist praised the actions of the Uruguayan government ^[6] :

This is truly a sensible innovation that squeezes crime out of the market and allows the government to focus on the fight against more serious crimes. If other countries follow this example and legalization also affects other drugs, then the damage that drugs cause to the world will be radically reduced.

Original text

This is a change so obviously sensible, squeezing out the crooks and allowing the authorities to concentrate on graver crimes <...> If others followed suit, and other narcotics were included, the damage such drugs wreak on the world would be drastically reduced.

USA

As of November 2016, more than 25 US states ( Alaska , Arizona , Arkansas , Vermont , Washington , Hawaii , Delaware , Illinois , Colorado , Connecticut , Massachusetts , Michigan . Montana , Maine , Nevada , New Hampshire , New Jersey , New Mexico , Oregon , Rhode Island , North Dakota , Florida ) allowed the use of marijuana for medicinal purposes ^{[3] [7] [8]} . On January 1, 2018, the following US states and territories were fully legalized for both medical and recreational use of hemp: Alaska, Washington, California , Colorado, Massachusetts, Maine, Nevada, Oregon, and the District of Columbia ^[9] . Moreover, under federal law, marijuana is a prohibited substance. Thus, the use of marijuana is prohibited in those states and territories of the United States where laws on legalization have not yet been passed.

Background

In January 2014, according to a referendum, Colorado fully legalized cannabis for both medical and recreational purposes. The projected sales volume for 2014 is about $ 1 billion ^{[10] [11] [12]} . Under the new law, cannabis will be sold at the same rates as alcohol and will be subject to the same tax. See also below.  .

In November 2016, residents of four more North American states - California, Massachusetts, Nevada and Maine - voted to legalize marijuana for recreational purposes ^[13] . The positive vote in California, the most populous state in the United States, with 12% of the country's population, gives hope to supporters of the legalization of marijuana that the United States government will be forced to begin steps to legalize it at the federal level ^[8] .

Immediately after the entry into force of the law on legalization in the state of Nevada (July 1, 2017), the booming demand for hemp exceeded all expectations of suppliers. The state tax administration has declared a statement of emergency to take special measures to develop the retail network of marijuana sales and facilitate registration of the latter. According to estimates , in the first four days of free trade, sales in Nevada amounted to $ 3 million, and tax revenues amounted to $ 1 million ^[14] .

On January 1, 2018, the law on the legalization of the use of marijuana for recreational purposes came into force in the largest state of the USA - California ^[15] . The law allows citizens over the age of 21 to carry up to 31 g (1 ounce ) of marijuana, as well as grow up to six hemp plants at home. Marijuana use is prohibited in public places ^{[16] [approx. 1]} .

According to opinion polls, the number of supporters of free trade in marijuana is approximately 60% of the US population, and this figure is constantly increasing ^[17] .

Canada

On June 19, 2018, Canada passed a law authorizing marijuana use throughout the country. In accordance with the new law, starting from October 17, 2018 ^[18] , residents are allowed to purchase and use marijuana ^{[approx. 2] [19]} .

Local authorities have 12 weeks to establish the rules and conditions for the sale of cannabis on their territory. Adult citizens will be allowed to carry up to 30 grams of dried marijuana ^{[approx. 3] [19]} .

Canada became the first G-7 country to fully legalize the use of cannabis for recreational purposes throughout the country ^[19] .

Partial Legalization

Among countries where marijuana circulation is limited, the Netherlands (see also: Opium Law , Coffeeshop ), North Korea ^[20] , Czech Republic , Georgia ^[21] , USA Colorado ^[22] , Washington ^{[22] [23]} , Oregon and Alaska, Spain , Portugal , Austria . In one of Copenhagen’s districts, marijuana and hashish are readily available for sale, although prohibited by Danish law ^[3] .

Medical marijuana use is permitted in Croatia ^[24] , Israel , Poland, Greece, and 20 US states .

In Russia, the law "On Narcotic Drugs and Psychotropic Substances" is in force. Also, narcotic drugs relate to articles 228-233 of the Criminal Code of the Russian Federation . In Russia, marijuana belongs to the I list of prohibited substances (substances withdrawn from civil circulation without exception).

Marijuana-based drug use is an administrative offense punishable by a fine. In accordance with applicable law, a crime may be the acquisition, storage, transportation, manufacture, processing of narcotic substances without a marketing objective. The decisive factor is size - size is illegal, starting with the so-called. “Significant size” (until January 1, 2013 - large size). A significant size is approved by the Government of the Russian Federation and from January 1, 2013 is 6 grams (after drying to constant weight at a temperature of +110 to +115 degrees Celsius) for marijuana ( cannabis ) and 2 g for hashish ^[25] . Until February 7, 2006, there was also the concept of an average “dose”, and the large size was 20 grams (“average dose” of 2 g times 10).

The use of narcotic substances as prescribed by a doctor is not a criminal offense. However, a person engaged in the production, marketing, transfer of narcotic substances, as well as inciting others to use, is subject to criminal liability. Gratuitous transfer (gift) is also a sale ^[26] .

The use of drugs without a doctor’s prescription in the Russian Federation is punishable by a fine or administrative arrest (Article 6.9 of the Code of Administrative Offenses ), similar to sowing and cultivating less than 20 hemp plants.

In April 2018, the authorities of St. Petersburg for the first time agreed on a march for the legalization of marijuana ^[27] , but subsequently the approval was canceled ^[28] .

On January 25, 2019, the Ministry of Health of the Russian Federation proposed amending the Decree of the Government of the Russian Federation of June 22, 2009 No. 508 “On approval of state quotas within which narcotic drugs and psychotropic substances are produced, stored and imported (exported)” in part setting quotas for narcotic drugs hashish (anasha, cannabis resin), cannabis (marijuana), cannabis oil (hash oil) ", namely: set the size of quotas to 50 g of hash oil, 300 g of hashish and 1.1 kg of marijuana for Oz on the territory of the country and the further conduct of "scientific research and testing, including the study of abuse potential."

One of the first initiators of the hemp ban in the beginning of the 20th century in the USA was the head of timber processing companies because making hemp paper is much cheaper than wood, as hemp is an annual plant and the amount of fiber obtained per hectare per year is significant exceeds the same indicator in the forest. It is now more profitable to cut down already grown forests than to cultivate hemp, which raises concerns about the environmental damage. But due to the illegal status of TGC-containing varieties, licensing has been tightened and ongoing checks are being conducted, which prevents such enterprises from being competitive.

In 1938, despite the protests of many doctors, Cannabis was withdrawn from use in the United States. This happened as a result of a large-scale anti-hemp campaign launched by William Randolph Hurst and Dupont Pharmaceutical Corporation ^{[29] [30]} . The latter acted from a business perspective, since only medicine can be patented; a hemp patent cannot be obtained.

On March 30, 1961, the United Nations adopted the Unified Convention on Narcotic Drugs, as a result of which “cannabis, cannabis resin, and cannabis extracts and tinctures” were included in Schedule I of the list of narcotic drugs . The convention obliged countries to tighten control over the cultivation of cannabis, recommended that countries completely ban its cultivation, seize and destroy the illicit plantings of cannabis. The convention planned to completely stop the use of cannabis, except for medical and scientific purposes, within 25 years from the date of signing. The cultivation of industrial cannabis varieties for fiber or seed production was not covered by the convention. ^[31]

USA

In the United States, in the second half of the 19th and beginning of the 20th centuries, hemp preparations used to treat migraines , stomach ulcers, and other diseases were sold without restriction. Americans became acquainted with the psychoactive properties of cannabis thanks to Mexican immigrants. Cannabis is particularly popular among jazz musicians. In the early 1930s. several major lobbying campaigns were conducted, and the US Congress in 1937, contrary to the recommendations of the American Medical Association , passed a law levying such high taxes on marijuana trade that its use was effectively banned. Despite attempts to change the legal status of cannabis, it, along with hard drugs and powerful hallucinogens , is included in the federal list of dangerous and therapeutically useless substances. ^[32]

USSR

A direct ban on the illegal sowing or cultivation of Indian hemp was introduced by article 225 of the RSFSR Criminal Code of 1960 ^[33] , while hemp continued to occupy a significant place in the total agricultural production ^[34] . In subsequent editions of this article, southern Manchu, southern Chui, southern archon and southern Krasnodar hemp were also banned for cultivation. In addition, article 225.1 prohibited any illegal cultivation of hemp, regardless of variety. ^[35]

December 14, 1963 "The Single Convention on Narcotic Drugs of 1961" was ratified by the Presidium of the Supreme Soviet of the USSR with reservations made at the time of signing the convention ^[31] .

There are organizations in the United States and other countries that support the idea of ​​legalizing marijuana. One of the oldest is NORML (National Marijuana Law Reform Organization), founded in 1970. She advocates the abolition of criminal penalties for the storage and consumption of marijuana by adults, including for its cultivation for their own consumption. NORML has facilitated referenda in several states that have resulted in marijuana decriminalized in these states.

Other groups advocating legalization or against harassing consumers are CIRC in France, Ale Yarok in Israel Law Enforcement Against Prohibition , Students for Sensible Drug Policy , Drug Policy Alliance , Marijuana Policy Project , Coalition for Rescheduling Cannabis .

At the international level, a transnational radical party has advocated for the decriminalization of cannabis, which has published a petition calling for a review of UN conventions . A similar petition was published in Russia by the Radical Party.

In September 2012, the Fimea Pharmaceutical Safety and Development Agency in Finland decided to legalize medical cannabis to relieve pain in patients with multiple sclerosis , as its medical use was steadily increasing (in 2008-2010, about 10 were issued permits, in 2011 Fimea issued 48 permits, and in 2012 - 62 permissions) ^[36] . In November 2012, a marijuana-based spray was legalized for medical use. The drug is intended for patients suffering from multiple sclerosis , as well as muscle spasms ^[37] .

• Cannabis smoking
• Recreational use of psychoactive substances
• Legalization of drugs
• Hemp in Thailand
• Drug policy

Notes

1. ↑ According to current estimates, the illegal marijuana market in California is approximately $ 5 billion. The expected tax revenue from legalization is approximately $ 1 billion per year. ( Recreational cannabis use becomes legal in California , BBC, 01/01/2018)
2. ↑ According to estimates, in 2015, Canadians spent about 6 billion Canadian dollars (4.5 billion US dollars ) on the purchase of illegal marijuana - about the same as the country's inhabitants spent on wine .
3. ↑ The minimum age for cannabis purchase is set at 18 years, but some provinces raised it to 19 years.

Footnotes

• Criminal Code of the Russian Federation. Section 228.
• Criminal Code of the Russian Federation. Section 228.1
• Criminal Code of the Russian Federation. Article 228.2.
• Criminal Code of the Russian Federation. Section 230.
• Criminal Code of the Russian Federation. Section 231.
• “Legalization of marijuana: Mexico is studying the world experience” , BBC , 01/27/2016
• Like they smoke marijuana in Colorado ... legally (neopr.) . Russian service of the BBC. Date of treatment January 2, 2014.