Table 1.
Mapping of Existing and Pending Recreational and Medicinal Cannabis Policies
| Country | Legislation | Recreational | Medicinal | Regulatory authority | Notes |
|---|---|---|---|---|---|
| Algeria | Law No. 04-18 of December 25, 2004, on prevention and repression of illicit use and trafficking of narcotics and psychotropic substances97 | Illegal98 (Article 12) | Illegal | National Anti-Drugs and Drug Addiction Office, Algerian Ministry of Justice | The basis of the legal response to drug use is preventive and treatment measures.84 Sanctions only enforced upon the refusal of treatment (Article 9)99 |
| Angola | Law on trafficking and consumption of narcotic drugs, psychotropic substances, and precursors—Law No. 3/99, of 6 August100 | Illegal101 (Article 18) | Illegal | National Directorate for Medicines | |
| Benin | Act No. 97-025 on the control of drugs and precursors, 1997102 | Illegal (Article 8) | Illegal | Central Office for Repression of Illicit Trafficking of Drugs and Precursors18 | No formal alternatives to incarceration, exemptions maybe granted for minors or first time offenders103 |
| Botswana | Illicit traffic in narcotic drugs and psychotropic substances bill, 2018.104 Medicines and Related Substances Act, 2013105 |
Illegal (Sections 4–6 of narcotic drugs and psychotropic substances bill) | Illegal | Medicines Regulatory Authority105 | |
| Burkina Faso | Law No. 017/99/AN, 1999106 | Illegal | Illegal | National Committee to Combat Drug Abuse (CNLD) | Inter-ministerial committees are designated to oversee and support implementation103 |
| Burundi | No framework found | Illegal28,26 | Illegal26 |
|
|
| Cabo Verde | Law No. 78/IV/93 (1993) and Law No. 92/92 (1992)103,107 | Illegal (Article 1 of Law No. 92/92) | Illegal | Coordinating Commission to Combat Drugs18 | Defendants may seek treatment and a financial penalty in exchange for incarceration103 |
| Cameroona | Law No. 97-August 19, 1997, relative to the control of drugs, psychotropic substances, and precursors and on mutual assistance in material traffic of narcotic drugs, psychotropic substances, and precursors108 | Illegal | Illegal | Anti-Drug National Committee | |
| PENDING: Framework not found | In 2001, reports of the intention to import Canadian medicinal cannabis for HIV/AIDS patients were made.109 The government registered an official request in 2002 to become a medicinal cannabis producer and exporter110 | ||||
| Central African Republic | Law No. 01.011 adopting the harmonized law relating to the control of drugs, extradition, and mutual legal assistance in the matter of illicit trafficking in narcotic drugs and psychotropic substances 111 | Illegal | Illegal | National Police (Sûreté Nationale) | |
| Chad | No framework found | Illegal26 | Illegal |
|
|
| Comoros | No framework found | Illegal112 | Illegal |
|
|
| Côte D'ivoire | Law No. 88-686, 1988, on the suppression of trafficking and illicit use of narcotic drugs103 | Illegal (Article 8) | Illegal | Police Directorate on Narcotics and Drugs | The Inter-ministerial Committee for the Fight against Drugs (CILAD) monitors impacts of legislation113 |
| Democratic Republic of the Congo | No framework found | Illegal | Illegal | Capital punishment is applied to certain offences28 | |
| Djibouti | Law No. 171/AN/81 on psychotropic substances114 | Illegal | Illegal | Directorate of Drugs and Pharmacy | The drug law system makes use of constitutional and Sharia law. Under Sharia law, cannabis is categorized as ‘mukhaddirat,’ referring to a substance that numbs the senses and slows the user, but use is justifiable for medicinal purposes115 |
| Egypt | Act No. 122 of 1989 amending Law No. 182 of 1960, control of trade of narcotics and regulation of substances116 | Illegal117 | Illegal | Egyptian ANGA118,119 | Punishment for possession, use, or cultivation for any reason is imprisonment of between 3 and 15 years and a fine.116,118,119 Alternatives to prison include voluntary treatment served for at least 6 months and no longer than 3 years or the sentenced sanction period—whichever is less (Article 37)120 |
| PENDING: framework not found | Decriminalized |
|
|
In 2018, legislation was put forward, proposing that repeat offenders be referred to 3–6 months of treatment121 | |
| Equatorial Guinea | No framework found | Illegal26 |
|
|
|
| Eritrea | Penal Code of the State of Eritrea, 201534 | Illegal (Article 395) | Illegal |
|
Differences made between selling and buying for personal use, with possession being considered a “less serious” offence122 |
| Ethiopia | Drug Administration and Control Proclamation No. 176/1999123 The Criminal Code of the Federal Democratic Republic of Ethiopia, 2004123 |
Illegal124,125 | Illegal |
|
|
| Eswatinia | The Opium and Habit—Forming Drug Act 192226 Medicines and Related Substances Control Act, 2016 (Act 9 of 2016)26 |
Illegal126 | Illegal | Medicines Regulatory Authority in conjunction with the Royal Swaziland Police Service's Drug Unit | Currently, cannabis use and cultivation for any purpose are illegal and there is no medical cannabis regulatory framework26 |
| PENDING: The production of cannabis for medicinal and scientific use regulations, 2019127 |
|
Legal | Drug Administration and Control Authority, Ethiopian Federal Police ANS | Pending legislation aims to decriminalize medicinal cannabis use and cultivation127 | |
| Gabon | No framework found | Illegal26 |
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|
|
| The Republic of Gambia | Drug Control Act, 2003 (as amended)103 Medicines and Related Products Act, 2014128 |
Illegal | Illegal | DLEAG | Government plans are underway integrate treatment programs into the existing legislature.103 Drug Control (Amendment) Act 2014, Section 35, in relation to first-time offenders offers leniency according to amount • 0.1–150 g: fine and/or imprisonment of between 6 months and 1 year • 151–500 g: fine and/or imprisonment of between one and 2 years • above 500 g: fine and/or imprisonment of between 2 and 3 years129 |
| Ghana | Narcotics Control Commission Bill of 2017 (NCC)130 | Decriminalized | Illegal | Narcotics Control Commission (NACOC) in collaboration with the Prosecuting Unit of the Ghana Police Service and the Attorney General Department131,27 | Civil penalties, i.e., fines will be issued to offenders or if necessary, treatment referrals. Failure to pay fines, translates into a 15-month jail sentence131,27 |
| Guinea | Criminal Code of the Republic of Guinea132; Decree D/2011/016/PRG/SSG, 2011.103 Decree No. 066/PRG/SSG/94 on the creation, powers and functions of the Central Anti-Narcotics Office. Decree No. 067/PRG/SGG (1994) on the Creation and Functions of the Inter-Ministerial Committee responsible for the fight against drugs |
Illegal | Illegal | Central Anti-Narcotics Office (OCAD)18 | Provisions for related offences are made in a number of decrees in the Penal Code27,132 Inter-ministerial committees are involved in the overseeing of current policy.103 There are no protocols regarding treatment27 |
| Guinea-Bissau | Legislation on narcotic drugs (Decree-Law No. 2-B, of 28 October 1993103,133 | Illegal (Article 20) | Illegal | NDLEA18 | According to substance, distinctions are made concerning sentencing: • cannabis oil, sentencing of 2 months to a year • derivative other than cannabis oil, a sentencing of 1–6 months133 |
| Kenya | The Narcotic Drugs And Psychotropic Substances (Control) Act No. 4, 1994134 | Illegal135 | Illegal | ANU | Cannabis for personal consumption punishable by 10–20 years of imprisonment and cultivation punishable by a pre-determined fine or three times the cannabis market value and/or 20 years of imprisonment134 |
| Lesothoa | Drugs of Abuse Act 2008136; The Medicines Control and Medical Devices Control Bill 2018 Act No. 5 Drug of Abuse (Cannabis) Regulations Act of 2018137 |
Illegal138 | Illegal | Narcotics Bureau | Any mode of use is punishable by a minimum of 5 years in prison or a fine (Section 9, Drugs of Abuse Act) The Drug of Abuse (Cannabis) Regulations Act of 2018 allows for medicinal cannabis cultivation Lesotho Narcotics Bureau approved permit holders can cultivate flowerings, extract active pharmaceutical ingredients, and produce medicines; Export and import medicinal cannabis products38 |
| Liberia | Controlled Drugs and Substances Act/Drugs Enforcement Agency Act, 2014, in conjunction with Penal Law36; Medicines and Health Products Regulatory Authority Act, 2010139 |
Illegal36 | Illegal | NDLEA18,36 | Security and health parliamentary committees serve as proximal mechanisms for drug control.103 Use is chargeable with 1-year imprisonment and/or a fine. Aggravating circumstances, e.g., use in a public institution may incur greater penalties.140 Courts can request an individual to submit to treatment9 |
| Libya | Law No. 7 of 1990 on Drugs and Psychotropic Substances (as amended)120 | Illegal | Illegal | Libyan Anti-Narcotics and Psychotropic Substances Agency | Offenders maybe remanded to a treatment facility for 6 months to 1 year A distinction is indicated between possession and actual use, although both are punishable with a 2-year prison sentence84 |
| Madagascar | Law No. 97-039 on The Control of Narcotic Drugs, Psychotropic Substances, and Precursors141 | Illegal (Article 140) | Illegal | The National Gendarmerie's Anti-narcotics Office142 | Article 411: Unlawful purchase, possession, or growing for personal consumption are punished as follows: • cannabis plant, including oil: 3 months to a year imprisonment and a fine • derivatives other than oil: 2–6 months of imprisonment and/or a fine Exemptions made in cases of minors or first-time offenders142,143 |
| Malawia | Dangerous Drugs Act (1994)144 Cannabis Regulation Act, 2020145 |
Illegal146 | Legal | Pharmacy, Medicines and Poisons Board | The law excludes the use of any seed crushed or processed to prevent germination; or the fixed oil obtained from the seed. Medicinal cannabis products are available to “Qualified patients” (individuals with specific medical conditions and recommendation for use) with Valid rIC obtained from the CRA.42 Cannabis Regulation Act, 2020, also legalizes medicinal cannabis cultivation |
| Mali | Law No. 01-078, 2001 on the control of drugs and precursors103 | Illegal | Illegal | Central Office of Narcotics-(OCS)55,31 | Illegal use and cultivation are sanctioned by 6 months to 3 years and 5–10 years of imprisonment, respectively, and/or a fine.27 Sentences maybe forgone for detoxification programs.103 A specialized committee monitors drug control, policies, and proposed legislation27 |
| Mauritania | Law No. 93-37, 1993103 | Illegal | Illegal147 | National Office for the Fight Against Drugs and Psychotropic Substances18 | Use is punishable with a 2-year maximum prison sentence and a fine. Standard penalties will not be applied when a user has been “successfully subjected to a cure”103 |
| Mauritius | The Dangerous Drugs Act, 1986 (as amended)64 | Illegal | Illegal | Pharmacy Board, Ministry of Health, and Quality of Life, Mauritius Police Force's Anti-Drug and Smuggling Unit | The 2000 Dangerous Drugs Act sanctions drug use with maximum 2 years of imprisonment and/or a fine148 |
| Moroccoa | Law No. 1-73-282 of May 21, 1974, on the suppression of drug use and drug prevention47 The Criminal Code of Morocco PENDING51: Framework not found |
Illegal | Illegal | Central Unit to Fight Drugs (UCLAD) | Possession or use is liable to imprisonment of between 2 months and 1 year and/or a fine.60 Article 8 of the Law on the Suppression of Drug use sets out the possibility of treatment,149 i.e., mandated medical detoxification (with a 15-day follow-up drug screening)103 National Commission on Narcotic Drugs addresses policy and coordination matters150 The Parti Authenticité et Modernité (PAM) and Rifan Deputies of the Istiqlal Party in 2013 formally proposed medical cannabis use legislation, but hashish production is not mentioned.4,61 A national agency is to be established to oversee supplying of pharmaceutical companies, seed importation, and distribution51 |
| Mozambique | Regulations for the Practice of Pharmacy, 1941,151 | Illegal151,152 | Illegal | Pharmaceutical Department, Ministry of Health | |
| PENDING: Anteprojecto de Revisão da Lei No. 3/9728 | Decriminalized (Article 36) | Legal (Article 34) |
|
Would allow only authorized possession and cultivation of small amounts | |
| Namibia | Combating of the Abuse of Drugs Bill, 2006,153 Medicines and Related Substances Control Act, 2003154 |
Illegal155 | Illegal | Medicines Regulatory Council | Section 17 of the Medicines and Related Substances Control Act, 2003, applications can be made to have cannabis or extracts of such registered as medicine.156 Use and possession are punishable with between 20 and 40 years of imprisonment and/or a fine. Cultivation is punishable with 20 years for a first conviction and at least 30 years for subsequent convictions153 |
| Niger | Ordinance No. 99-42, 1999103 | Illegal | Illegal | Coordination Centre to Combat Drugs (CCLAD) | Addicts maybe court ordered to undergo treatment, education, or rehabilitation. (Article 115)103 |
| Nigeria | The Dangerous Drugs Ordinance of 1935157 The Indian Hemp Decree No. 19 of 1966 (as amended)158 NDLEA Act No. 48 of 1989 (as amended)159 |
Illegal157,160 | Illegal158 | NDLEA161 | Possession and cultivation are punishable under the Indian Hemp Act with the later receiving imprisonment for at least 21 years158 The Indian Hemp Act of 1975 abolished the death penalty and reduced use and possession charges to 6 months of prison and/or a fine.19 Minors can undergo court-ordered treatment as an alternative103,161,162 |
| Republic of Congo | No framework found | Illegal26,163 | Illegal26 |
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|
| Rwandaa | Law No. 03/2012 of February 15, 2012, governing narcotic drugs, psychotropic substances, and precursors in Rwanda,164 in conjunction with the N° 01/2012/OL of 02/05/2012 Organic Law instituting the penal code |
Illegal | Illegal | RNP, ANU | As of October 2020, guidelines for cultivating, processing, and export of medicinal cannabis solely for foreign markets were approved165 |
| São Tomé and Príncipe | No framework found | Illegal26,166 | Illegal26,166 |
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|
| Senegal | Law No. 97-18, 1997,103 Drug Code (Code des Drogues)37 |
Illegal | Illegal | Central Office for the Suppression of Illicit Drug Trafficking (OCRTIS) | |
| Seychellesa | Misuse of Drugs Act, 2016167 Misuse of Drugs (Cannabidiol-based products for medical purposes) Regulations, 2020168 |
Decriminalized | Legal | NDEA | The law makes a distinction between a user and a dependent person with the latter the objective being to make treatment accessible. Patients must present the following: • a “qualifying medical condition • a prescription issued by medical practitioner; as approved by Public Health Authority, Seychelles Medical and Dental Council and the Health Care Agency.169 Unsanctioned use of medicinal cannabis, is punishable by imprisonment no longer than 6 months and a fine |
| Sierra Leonea | The National Drugs Control Act, 2008,103 Pharmacy and Drugs Act, 2001,170 Guideline for the Cultivation and Processing of Medical Cannabis (2019)171 |
Illegal172 | Illegal | NDLEA | Section 50 of the Pharmacy and Drugs Act, 2001, legalizes cultivation of cannabis for medicinal purposes |
| Somalia | Act No. 46 of March 3, 1970, concerning the production of, trade in, and use of narcotic drugs173 | Illegal | Illegal | Central Narcotics Bureau | |
| South Africaa | Medicines and Related Substances Act (Act 101 of 1965)174 Guidelines on the Cultivation of Cannabis and Manufacture of Cannabis-Related Pharmaceutical Products for Medicinal and Research Purposes |
Decriminalized | Legal | South African Police Service's Narcotics Bureau (SANAB) | A 2018 Constitutional Court ruling decriminalized adult use, possession, or cultivation of cannabis in private for personal consumption,175,44,176 allowing the amendment of provisions of Medicines and Related Substances Act No. 101 of 1965 and the Drugs and Drug Trafficking Act No. 140 of 199260 |
| PENDING: Cannabis for private purposes bill, 2020177 | South Africa Health Products Regulatory Authority | The Cannabis for Private Purposes Bill, 2020, proposes as follows: Public consumption is illegal and liable to 2 years of imprisonment.178,179 Patients require valid prescriptions from a licensed practitioner to access medicinal products for the following eligible conditions: • Severe muscle spasms or pain in patients with multiple sclerosis; • Severe nausea, vomiting, or wasting arising from cancer, HIV/AIDS; • Severe epileptic seizures where other treatment options have failed or have intolerable side effects; • Severe chronic pain conditions45,94,180–182 |
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| South Sudan | Drug and Food Control Authority Act, 2012183 The Penal Code Act, 2008184 |
Illegal | Illegal | SSNPS | |
| Sudan | Narcotic Drugs and Psychotropic Substances Act, 1994 | Illegal | Illegal. (Article 20-1) | SPF | Use and cultivation are punished by no longer than 5 years of imprisonment and a fine; charges are terminated for undergoing voluntarily treatment (between 6 months and 2 years)84 |
| Togo | Drug Control Law No. 98-008, 1998103 | Illegal | Illegal | Central Office for the Suppression of Illicit Drug Trafficking and Money Laundering18 | Possession and cultivation of small quantities are punishable with lesser penalties. The penalty for cultivation and production of cannabis oil is 2 months to 1 year; 6 months for any other plant derivative and/or a fine.185 Treatment is alternatively offered instead of prison103 |
| Tunisia |
Law No. 92-52 of May 18, 1992 on Narcotic drugs (as amended)84 Law No. 2017-39 dated May 8, 2017, amending Law No. 92-52 dated May 18, 1992, related to narcotics186 |
Illegal | Illegal | National Narcotics Bureau (Bureau National des Stupéfiants)95 | Actual or attempted consumption or possession sanctioned by imprisonment of between 1 and 5 years and a fine.84 Cultivation can receive a 6–10-year sentence with a fine9 Law No. 2017-39 states article 53 of the penal code is not implemented regarding narcotics infringements,186 giving judges the right to reduce related penalties.147,187,188 The Narcotics Commission, an auxiliary body in policy implementation, has the authority to compel addicts to undergo treatment95 |
| Uganda | The Narcotic Drugs and Psychotropic Substances (Control) Act, 2015189 | Illegal116 | Illegal | NDA | Possession and use are liable to a fine and/or 1–5 years of imprisonment.26 The Act empowers the Minister of Health to establish rehabilitation centers83 |
| United Republic of Tanzania | The Drug Control and Enforcement Act (CAP. 95), 2016,190 The Tanzania Food, Drugs And Cosmetics Act (CAP. 219)191 |
Illegal | Illegal | DCEA | Possession or use is punishable with 1–5 years of imprisonment, or a hefty fine for small amounts. Small quantities are classified as follows: • cannabis plant <50 g • cannabis resin or oil <5 g The onus falls on the individual to prove intent not being for sale or distribution for larger quantities190 Engagement in cultivation (which includes gathering) is liable to imprisonment of not <30 years. Related activities may be conducted only on the account of government192 |
| Zambiaa | Narcotic Drugs and Psychotropic Substances Act, 1993,193 The Dangerous Drugs Act, 1965194 |
Illegal123 | Legal (Section 18 Narcotic Drugs and Psychotropic Substances Act Cap 96) | Drug Enforcement Commission | Use is recognized in cases of chronic pain, nausea caused by treatments such as chemotherapy, epilepsy, glaucoma, and sclerosis symptoms.87 Cultivation is legal solely on the basis of medicinal use and not on a commercial scale195 |
| Zimbabwea | Chapter 15:02 Dangerous Drugs Act (as amended) in conjunction with the Criminal Law (Codification and Reform) Act [Chapter 9:23] Act 23/2004 Statutory Instrument 62 of 2018. [CAP. 15:02] Dangerous Drugs (Production of Cannabis for Medicinal and Scientific Use) Regulations, 2018196,197 |
Illegal.41,199 | Illegal | Ministry of Health and Child Welfare and the ZRP41,199 | Statutory Instrument 62 of 2018: Authorized individuals can cultivate and produce medicinal cannabis products40 |
Information not available.
a
Countries with medicinal cannabis-specific provisions.
ANGA, Anti-Narcotics General Administration; ANS, Anti-Narcotics Service; ANU, Anti-Narcotics Unit; CCLAD, Coordination Centre to Combat Drugs; CILAD, Committee for the Fight against Drugs; CNLD, National Committee to Combat Drug Abuse; CRA, Cannabis Regulatory Authority; DCEA, Drug Control and Enforcement Authority; DLEAG, Drug Law Enforcement Agency of the Gambia; NACOC, Nation Control Commission; NCC, Narcotics Control Commission; NDA, National Drug Authority; NDEA, National Drugs Enforcement Agency; NDLEA, National Drug Law Enforcement Agency; OCAD, Central Anti-Narcotics Office; OCRTIS, Central Office for the Suppression of Illicit Drug Trafficking; OCS, Central Office of Narcotics; PAM, Modernity and Authenticity Party; rIC, registry Identification Cards; RNP, Rwanda National Police; SANAB, South African Police Service's Narcotics Bureau; SPF, Sudan Police Force; SSNPS, South Sudan National Police Service; UCLAD, Central Unit to Fight Drugs; ZRP, Zimbabwe Republic Police.