Medicine:Legal status of cocaine

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Short description: Worldwide legal status of cocaine


The legal status of cocaine varies worldwide. Even though many countries have banned the sale of cocaine for recreational use, some have legalized it for possession, personal use, transportation, and cultivation, while some have decriminalized it for certain uses. It is necessary to distinguish cocaine from coca leaves or the plant itself!

List by country

Country Possession Sale Transport Cultivation Notes
 Afghanistan Illegal Illegal Illegal Illegal Cocaine is fully illegal in Afghanistan and drug trafficking and drug smuggling are sins and crimes that are punishable by death.
 Argentina Decriminalized for private use Illegal Illegal Illegal Cocaine is decriminalized for private and personal use or possession. The consumption and possession of fresh coca leaves for chewing and teas are legal.[1]
 Armenia Illegal Illegal Illegal Illegal All uses, sale, possession and use is fully illegal.
 Albania Illegal Illegal Illegal Illegal Cocaine is effectively illegal and banned in Albania.
 Australia Legal Medically Legal Medically Legal Medically Legal Medically

Cocaine is a Schedule 8 controlled substance in Australia, that which allows certain medical use of it, but otherwise it is outlawed (controlled).[2]

 Bahamas Illegal Illegal Illegal Illegal Possession and use is illegal.[3]
 Bangladesh Illegal Illegal Illegal Illegal All kind of uses, selling, cultivation and transportation is illegal.
 Bolivia Illegal Illegal Illegal Legal Limited private cultivation of coca is legal in Bolivia, where chewing the leaves and drinking coca tea are considered cultural practices, in particular in the mountainous regions, processed cocaine is forbidden.[4]
 Brazil Decriminalized for private use Illegal Illegal Illegal Public consumption and selling of cocaine are considered crimes. Punishments for public consumption include a warning about the drugs effects, community service (5 to 10 months), and educational courses or programs. Punishment for the selling of cocaine is 5 to 15 years of jail, a R$500–1,500 fine and course or program attendance. The decision on which purpose the apprehended drug had is based on judge decision.[5]
 Canada Illegal, decriminalized in the Province of British Columbia Legal Medically Legal Medically Legal Medically Possession and use is illegal.[6] Consumption, possession, purchasing and trading of cocaine is outlawed, cocaine remains as a Schedule I controlled substance. Effective January 31, 2023 possession up to 2.5 grams of cocaine, opioids, methamphetamine and MDMA by adults (age 18 and over, excluding members of the Canadian Armed Forces unless otherwise authorized[7]) is decriminalized in the Province of British Columbia due to Health Canada mandate[8][9]
 Colombia Legal (up to 1 gram) Illegal Illegal Legal Since 1994, possession of 1 gram of cocaine has been legal for personal use.[10][11] Sale remains illegal, but personal production or gifts of cocaine are permitted.
 China Illegal Illegal Illegal Illegal Use and possession of cocaine is illegal.[12]
 Germany Legal Medically, Decriminalized Illegal Illegal Illegal Possession of cocaine without a medical prescription is illegal. Small amounts for personal consumption may go unpunished for first-time or non-regular offenders, however this varies by state. Usually revocation of a driving license will follow from confiscation of any drug except marijuana, since drug users are considered a road hazard.[13]
 Greece Decriminalized for private use Legal only for medical reasons and with license by government Illegal Illegal Use, possession and cultivation of class B drugs is illegal in Greece except for medical reasons. Personal use might be decriminalized. Use in public is also illegal.[14]
 India Illegal Illegal Illegal Illegal Use and possession of cocaine is illegal with a mandatory 10-year sentence. But its often upheld and wrongly assumed and no proof has been given that Freely Available in Local Shops in Cities.[15]
 Israel Illegal Illegal Illegal Illegal Every kind of use, possession, sale, transport and cultivation of coca leaves and even the chewing of coca leaves and brewing coca tea is fully illegal in Israel.
 Italy Decriminalized Illegal Illegal Illegal Cocaine possession and consumption in special and overall in small and tiny amounts is decrimalized but the sale, the trade, the deal,the growing, the production and the transportation of cocaine are considered felonies in Italy.
 Japan Illegal Illegal Illegal Illegal Penalty for cocaine consumption: maximum of 7 years in jail.[16]
 Jordan Illegal Illegal Illegal Illegal All uses, possession, sale, cultivation, and production is fully illegal and forbidden even for medical or scientific reasons.
 Malaysia Illegal Illegal Illegal Illegal Use and possession of cocaine is illegal.[17]
 Mexico Legal (up to 1/2 Gram) Illegal Illegal Illegal There is no penalty for carrying up to 1/2 a gram, however any amount over that is illegal.[18]
 Netherlands Unenforced (small amounts) Illegal Illegal Illegal Cocaine is considered an illegal hard-drug. Possession, production and trade are not allowed as stated in the Opium Law of 1928. Although technically illegal, possession of less than half a gram usually goes unpunished.[19][20]
 New Zealand Illegal Illegal Illegal Illegal Cocaine is a Class A drug. The coca leaf and preparations of cocaine containing no more than 0.1% cocaine base, in such a way that the cocaine cannot be recovered, are both classified as Class C, and are punishable with 3 months imprisonment and/or a fine of $500.[21][22]
 Nigeria Illegal Illegal Illegal Illegal It is illegal to import, manufacture, process, plant or grow, export, transport, traffic, sell, buy, expose for sale, smoke, inhale, inject, possess or deal with cocaine.[23]
 Norway Illegal Illegal Illegal Illegal All kind of uses, selling, cultivation and transportation is illegal.[24]
 Pakistan Illegal Illegal Illegal Illegal Use and possession of cocaine is illegal.[25]
 Philippines Illegal Illegal Illegal Illegal Use and possession of cocaine is illegal. Possession of cocaine is explicitly named as an illegal substance under the Comprehensive Dangerous Drugs Act of 2002. The possession 10 grams or more of cocaine or cocaine hydrochloride is punishable by up to life imprisonment.[26]
 Peru Legal (up to 2 grams of cocaine or 5 grams of cocaine-freebase) Illegal Illegal Legal (Coca Plants) Cultivation of coca plants is legal, and coca leaves are sold openly on markets. Similarly to Bolivia, chewing leaves and drinking coca tea are cultural practices. Possession of up to 2 grams of cocaine or up to 5 grams of coca paste is legal for personal use in Peru per Article 299 of the Peruvian Penal Code. It is important to note that if a person possess two or more kinds of drugs at the same time it is considered criminal offense.[27]
 Singapore Illegal Illegal Illegal Illegal Trafficking of over 3 grams is punishable by death.[28]
 South Africa Illegal Illegal Illegal Illegal It is a criminal offense to have cocaine in your possession.[29]
 Spain Decriminalized with a fine Illegal Illegal Illegal Cocaine sales are strictly and fully outlawed, forbbiden, not allowed, controlled and illegal, but private use and personal cocaine consumption is decriminalized with a spot fine and is not a crime nor a felony.
  Switzerland Possession of small amounts decriminalized Illegal Illegal Illegal Traffickers of cocaine are sentenced with jail. Personal use is punished with a fine, contrary to common belief possession of up to 18 grams is not legal. According to a recent study, 5 Swiss cities (St Gallen, Bern, Zurich, Basel and Geneva) were listed among top 10 European cities for cocaine use.[30][31] Personal consumption and possession of small amounts, or sharing with adults free of charge is not liable to prosecution based on the Swiss federal law. [32]
 Sweden Illegal Illegal Illegal Illegal Sweden is known and infamous for having a zero tolerance policy regarding drug trafficking and drug abuse.
 Thailand Illegal Illegal Illegal Illegal Thailand is very strict on drugs and it is very common to be stopped, searched and asked to give urine samples on the street, especially in Bangkok. Being caught with intent to sell is punishable by 10 years to life in prison. Consumption for personal use is 1 – 10 years in prison or a fine, or both.[33]
 Ukraine Illegal Illegal Illegal Illegal Public drug consumption is outlawed and punishable by prison time or with jail punishment but private consumption of drugs is not enforced and is not crime.
 United Arab Emirates Illegal Illegal Illegal Illegal Cocaine trafficking is punishable by the capital punishment and drug consumption is punishable with four years in prison in the UAE.
 United Kingdom Illegal Illegal Illegal Illegal Cocaine was first made illegal by the Dangerous Drugs Act 1920. It is now classed as a Class A drug, controlled by the Misuse of Drugs Act 1971. Possession carries a punishment of up to 7 years in prison, an unlimited fine or both. Supply and production carries a punishment of up to life in prison, an unlimited fine or both.[34] It is legal for medical use under Schedule 2 of The Misuse of Drugs Regulations 2001.[35]
 United States Legal Medically, decriminalized in the state of Oregon Legal Medically Legal Medically Legal Medically Cocaine is a Schedule II drug under the Controlled Substances Act. It remains legal for medical use. While personal use has been decriminalized in Oregon state, cocaine sales and dispensaries are still illegal.
Country Possession Sale Transport Cultivation Notes

References

  1. "Law 23737". 2021-07-24. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/138/texact.htm. 
  2. "Poisons Standard October 2015". https://www.comlaw.gov.au/Details/F2015L01534/Html/Text. 
  3. "US men told to pay up or go to jail | The Tribune". tribune242.com. http://www.tribune242.com/news/2014/apr/15/us-men-told-pay-or-go-jail/. 
  4. Ledebur, Kathryn; Farthing, Linda; Grisaffi, Thomas (7 September 2020). "Bolivia reverses years of progress with new draconian cocaine policy, supported by the EU" (in en). http://theconversation.com/bolivia-reverses-years-of-progress-with-new-draconian-cocaine-policy-supported-by-the-eu-144386. 
  5. "LEI Nº 11.343, DE 23 DE AGOSTO DE 2006.". Palácio do Planalto. http://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm. 
  6. "Controlled Drugs and Substances Act". laws-lois.justice.gc.ca. http://laws-lois.justice.gc.ca/eng/acts/C-38.8/FullText.html. 
  7. "QR&O: Volume II – Division 2 - Service Offences and Courts Martial - Chapter 103 – Service Offences:National Defence". Department of National Defence (Canada). June 20, 2022. https://www.canada.ca/en/department-national-defence/corporate/policies-standards/queens-regulations-orders/vol-2-disciplinary/ch-103-service-offences.html. 
  8. "B.C. receives exemption to decriminalize possession of some illegal drugs for personal use: Health Canada". Health Canada. January 6, 2023. https://www.canada.ca/en/health-canada/news/2022/05/bc-receives-exemption-to-decriminalize-possession-of-some-illegal-drugs-for-personal-use.html. 
  9. "Exemption from Controlled Drugs and Substances Act: Personal possession of small amounts of certain illegal drugs in British Columbia (January 31, 2023 to January 31, 2026): Health Canada". Health Canada. February 1, 2023. https://www.canada.ca/en/health-canada/services/health-concerns/controlled-substances-precursor-chemicals/policy-regulations/policy-documents/exemption-personal-possession-small-amounts-certain-illegal-drugs-british-columbia.html. 
  10. Housego, Kim (2004-04-05). "As addiction rises, Colombia weighs rolling back decade-old drug legalization". The San Diego Union-Tribune. Associated Press. http://www.signonsandiego.com/news/world/20040405-0915-legalizeddrugs.html. 
  11. Murphy, Jarrett (2004-04-05). "Colombia sinks in sea of legal cocaine, heroin". CBS News. http://www.cbsnews.com/stories/2004/04/05/world/main610293.shtml. 
  12. "Local laws and customs - China travel advice" (in en). https://www.gov.uk/foreign-travel-advice/china/local-laws-and-customs. 
  13. "Cocaine Possession in Germany" (in en). https://se-legal.de/criminal-defense-lawyer/cocaine-possession-in-germany/?lang=en. 
  14. "Drug law in Greece". http://www.opengov.gr/ministryofjustice/?p=1332. 
  15. "Drug laws in India". https://idhdp.com/media/400258/idpc-briefing-paper_drug-policy-in-india.pdf. 
  16. "Japan Sega game sales halted after cocaine arrest". BBC News. 13 March 2019. https://www.bbc.com/news/technology-47553857. 
  17. "Dangerous Drugs Act in Malaysia". https://www.pharmacy.gov.my/v2/sites/default/files/document-upload/dangerous-drugs-act-1952.pdf. 
  18. "Heroin and cocaine now legal in Mexico – in small doses | Americas | News | The Independent". independent.co.uk. 23 October 2011. https://www.independent.co.uk/news/world/americas/heroin-and-cocaine-now-legal-in-mexico-ndash-in-small-doses-1776792.html. 
  19. "HET OPPORTUNITEITSPRINCIPE / AFZIEN VAN STRAFVERVOLGING". http://www.lwl.org/LWL/Jugend/KoopSucht/nl/Repression/index_html#b. 
  20. "Drugsverbod juridisch ontmaskeren?". http://www.drugsbeleid.nl/nederlands/projecten/drugsverbod_juridisch_ontmaskeren.htm. 
  21. "Misuse of Drugs Act 1975". New Zealand Legislation. http://www.legislation.govt.nz/act/public/1975/0116/latest/DLM436101.html. 
  22. "Illicit drugs – offences and penalties". http://www.police.govt.nz/advice/drugs-and-alcohol/illicit-drugs-offences-and-penalties. 
  23. "MISCELLANEOUS OFFENCES ACT | the Complete Laws of Nigeria". http://www.placng.org/lawsofnigeria/node/193. 
  24. "Drug laws in Norway". https://lovdata.no/dokument/SF/forskrift/2013-02-14-199. 
  25. "Drug act in Pakistan". https://www.dra.gov.pk/docs/TheDrugsAct1976111115F.pdf. 
  26. "Death penalty for 50g of seized illegal drugs? Sotto says, 'Hindi naman puwede 'yun'" (in en). GMA News. https://www.gmanetwork.com/news/news/nation/749010/death-penalty-for-50g-of-seized-illegal-drugs-sotto-says-hindi-naman-puwede-yun/story/. 
  27. "Overview of drug laws and legislative trends in Peru". http://www.druglawreform.info/en/country-information/peru/item/207-peru?pop=1&tmpl=component&print=1. 
  28. "Drug Laws in Singapore: The Strictest on the Planet" (in en). https://www.tripsavvy.com/drug-laws-in-singapore-1629780. 
  29. "DRUGS AND DRUG TRAFFICKING ACT". http://www.justice.gov.za/legislation/acts/1992-140.pdf. 
  30. "Zurich is Europe's weekend cocaine capital". 10 March 2018. https://www.swissinfo.ch/eng/society/science-saturday_zurich-is-europe-s-weekend-cocaine-capital/43961046. 
  31. "Youth crime: More drug use, less dealing". 6 July 2018. http://www.swissinfo.ch/eng/criminal-convictions_youth-crime--more-drug-use--less-dealing/44241418. 
  32. "Swiss federal law on narcotics and psychotropic substances. Article 19b.". https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/de. 
  33. "Thailand amends drug law to reduce penalties and ensure more proportionate sentencing". https://idpc.net/blog/2017/02/thailand-amends-drug-law-to-reduce-penalties-and-ensure-more-proportionate-sentencing. 
  34. "Drugs penalties - GOV.UK". https://www.gov.uk/penalties-drug-possession-dealing. 
  35. "Controlled drugs and drug dependence - bnf.nice.org.uk". https://bnf.nice.org.uk/guidance/controlled-drugs-and-drug-dependence.html#:~:text=Schedule%202%20includes%20opiates%20(e.g.,for%20medicinal%20use%20in%20humans.. 

Further reading