Marijuana and cannnabis seeds US state and federal laws
Marijuana laws in countries outside European Union
Australia
In the Australian Capital Territory, possession of up to 25 grams, or two plants, is not a criminal offence but carries a $100 fine. In South Australia possession of small quantities of cannabis is decriminalised attracting fines similar to a parking ticket. However, penalties for cultivation of marijuana have become harsher since the widespread advent of large scale indoor crops in South Australia. There is much confusion on the subject, with many people believing that possession of a certain amount is legal. In Western Australia, possession of up to two plants is accepted for private use, excess of the latter can face fines of over $150. In New South Wales and Tasmania, cannabis use is illegal and attracts fines. In Queensland it is a criminal offence to be in possession of any amount of cannabis, people charged must face court and can be convicted. Possession of cannabis or any schedule 1 or 2 drug specified in the Drugs Misuse Regulation 1987 carries a maximum prison sentence of 15 years in Queensland, however jail terms for minor possessions are very rare. Possession of smoking utensils or anything used to smoke cannabis is also a criminal offence in Queensland.
Bangladesh
Cannabis has grown throughout the Bengal region, which is currently split between Bangladesh and the Indian state of West Bengal. In both parts of Bengal, cannabis (Bengali language: gãja or ganja) has been widely used for centuries. Cannabis was banned in Northern Bangladesh in 1984.
Canada
- A July 13, 2007 decision in Ontario Provincial court has ruled that criminal possession laws for cannabis are unconstitutional (R. v. Long). However, Toronto police spokesman Mark Pugash said that nothing will change about how the police deal with marijuana possession for the time being.
- Possession of cannabis is legal in Canada according to Justice Edmonson of the Ontario Court of Justice in R. v. Bodnar/Hall/Spasic - "there is no offence known to law which the accused have committed."
- Marijuana was first banned in Canada in 1923 under the Opium and Drug Act. Since 1997 marijuana has been covered by the Controlled Drugs and Substances Act.
- The Special Senate Committee on Illegal Drugs reviewed Canada's current anti-drug policies and legislation and reported in September 2002. The Committee said that marijuana is not a gateway drug and should be treated more like tobacco or alcohol than like harder drugs.
- The House of Commons Special Committee on the Non-Medical Use of Drugs looked at an overall drug strategy for Canada and issued their report in December 2002. The House committee said that while marijuana is unhealthy, the current criminal penalties for possession and use of small amounts of cannabis are disproportionately harsh. They recommended that the Canadian Ministers of Justice and of Health come up with a strategy to decriminalize the possession and cultivation of not more than thirty grams (about an ounce) of cannabis for personal use.
- Various estimates peg this country's cannabis trade at considerably more than $7 billion in annual sales--twice as much as pig farming brings in, and almost three times more than wheat does. Even the mighty cattle industry, at $5.2 billion a year in revenue, lags behind the marijuana business for sheer size. Just as importantly, the report points out, every dollar reaped by government regulation of the pot industry would be a dollar taken away from the criminal gangs that run the industry today. We'd save billions more by eliminating the staggering costs of a losing war. In 2001, Auditor General Sheila Fraser said the federal government was spending close to $500 million a year fighting the drug trade. Roughly 95 per cent of that goes to enforcement and policing, and two-thirds of the country's 50,000 annual drug arrests are for cannabis offences.
In October 2007, Prime Minister Harper announced a new National Anti-Drug Strategy. A proposed Bill would have dealers facing one-year mandatory prison sentences if they’re operating for organized crime purposes, or if violence is involved. Dealers would also face a two-year mandatory jail sentence if they’re selling to youth, or dealing drugs near a school or an area normally frequented by youth. Additionally, people in Canada who run a large marijuana grow operation of at least 500 plants would risk facing a mandatory two-year jail term. Maximum penalties for producing cannabis would increase from 7 to 14 years.
Perhaps the biggest proposed policy change is mandatory six-month sentencing for those growing as little as one marijuana plant for the purposes of trafficking. If the Bill passes, this is certain to be felt by small-time distributors who are not linked to the ring of organized crime, and who usually face no more than a fine if caught.
Currently the Conservative Government holds a minority in Parliament, so the Bill would require support of at least one other political party before it can become law. Previous attempts by past Liberal Governments in the late 1990s and early 2000s to decriminalize marijuana for personal use have failed to become law - this is a distinct policy contrast from the current minority Conservatives who aspire to a more US-style 'War on Drugs'.
Hong Kong
Cannabis is regulated under section 9 of Hong Kong's Chapter 134 Dangerous Drugs Ordinance. Cultivation and dealing with cannabis plant is illegal and a fine of $100,000 and to imprisonment for 15 years can be laid by the court. Anyone who supplies the substance without prescription can be fined $10,000 HKD. The penalty for trafficking or manufacturing the substance is a $5,000,000 (HKD) fine and life imprisonment. Possession of the substance for consumption without license from the Department of Health is illegal with a $1,000,000 fine and/or 7 years of jail time.
Mexico
On April 29, 2006, the Congress of Mexico passed a bill decriminalizing possession of small amounts of drugs intended for recreational use (up to 5g for marijuana). The new bill was hoped to relieve cartel-related crime as well as reduce drug-related arrests. A possibly unintended consequence would have been increased tourism. The move caused many in the US government to question Mexico's commitment to the "War on Drugs." However, President Fox sent the legislation back, asking that the decriminalization be removed. This action showed the U.S. government's influence over the Mexican Government's decisions, sparking broad controversy over the bill.
Russia
Consumption and possession of up to 6 grams (dry weight) of cannabis is punishable by fine or arrest for up to 15 days (KoAP 6.9). Growing in any amount is punishable by prison term (UK 231). Possession of more than 6 grams is punishable by prison term (UK 228).
New Zealand
Possession of any amount of cannabis is illegal in New Zealand and can result in a fine of up to $500 or even a 3-month prison sentence (though the latter is rarely used). Anyone caught in possession of more than 28 grams of cannabis or 100 cannabis joints is classed as a dealer unless s/he can prove they are not. Cannabis is a class C drug in New Zealand, of which the penalty for dealing can result in a maximum prison sentence of 14 years under the New Zealand Misuse Of Drugs Act 1975. There have been many public campaigns to decriminalise Cannabis but so far none have succeeded. It is generally accepted that the usage rate is high and possession in small quantities may not often be prosecuted. In some cases first offences may not always result in convictions.
Two political parties have a clear stance on the liberalisation of cannabis use. The Green Party of Aotearoa New Zealand has a policy that calls for a legal age limit on usage of 18 years of age, no penalty on its use for those over 18 years of age, a limit defined in law on growing cannabis for personal use and a ban on commercial cultivation. The Aotearoa Legalise Cannabis Party advocate legalisation of "cannabis for recreational, spiritual, medicinal and industrial purposes".
Switzerland
Cannabis is classified as an illegal narcotic in Switzerland. The production, possession, consumption and sale of illegal narcotics, even for personal use, is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.
The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people (or 7% of young people from 15 to 39) are believed to regularly use cannabis. Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis, yielding more than 100 tons of narcotics per year. The produce is sold mostly on the street and (in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics, are the target of irregular police crackdowns in some cities, while in others they are tolerated to some degree. Overall, enforcement varies substantially depending on the canton. Some tolerate limited public consumption while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.
The penalties imposed in practice also vary among cantons to a certain degree. The 2007 penalty guidelines adopted by the Bernese Judges' Association provide as follows:[54]
| Infraction | Penalty |
|---|---|
| Consumption of soft drugs such as cannabis in particularly light cases (taking into account factors such as quantity consumed, frequency of consumption, addiction, prior convictions, etc.) | No penalty. However, as with any infraction, procedural fees and costs may be imposed, and any illegal drugs and associated equipment will be confiscated. |
| Consumption of soft drugs in normal cases (first infraction, or minor quantity, or brief period of consumption) | Fine of CHF 100 or more, depending on the accused's financial circumstances. |
| Consumption of soft drugs, repeated infractions | Increasing fine or monetary penalty, depending on the severity of the infraction and the accused's financial circumstances. |
| Trade in soft drugs, up to 100 g | Monetary penalty of 1–5 daily rates. The daily rate is set by the court and usually amounts to roughly one thirtieth of the accused's monthly income. |
| Trade in soft drugs, 100 g to 1 kg | Monetary penalty of 5–30 daily rates. |
| Trade in soft drugs, 1 kg or more | Monetary penalty of more than 30 daily rates. |
An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004. As a reaction, a popular initiative that would amend the constitution to decriminalize cannabis has been introduced; it is scheduled for a national referendum in November 2008.
Turkey
Cultivation of cannabis is strictly controlled by government in Turkey. Non-drug usage of cannabis is a common practice in Aegean region of Turkey. Cannabis seeds are processed to remove the psychoactive effects, and used as a spice in many different foods, especially in different breads and other bakery. Usage of cannabis as a drug is forbidden in Turkey, but carrying small amounts of cannabis is fined, while drug trafficking is punished in long term prisonment.
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