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Read more about cannabis legalization. In which countries in Europe is cannabis legal? In which countries is it not? What does the future hold for the European cannabis market?
In short: Recreational cannabis sales remain illegal across Europe. Malta became the first EU country to permit home growing of up to six plants and possession of seven grams, approved in December 2021. Dutch coffeeshops, 591 of them in 2014, are only tolerated under strict prosecution guidelines. Germany has declared intent but has no legalisation plan in place.
| First EU country to legalise recreational use | Malta, December 2021 |
|---|---|
| Home growing allowed in Malta | Up to 6 plants |
| Personal possession allowed in Malta | 7 grams |
| Sale of cannabis in Malta | Still prohibited; social clubs permitted |
| Coffeeshops in the Netherlands | 591 in 2014, almost a third in Amsterdam |
| Reported recreational use in some EU countries | Up to 1 in 10 adults |
Legal status of cannabis in the European Union (as of 25 September 2026)
- The EU has no single cannabis law: it sets a common framework for hemp farming, trade and drug trafficking, while recreational use is regulated by each Member State.
- CBD lawfully produced in one Member State may in principle be sold in another; a national ban is allowed only if it is suitable to protect public health and does not go beyond what is necessary. The Court held that such CBD is not a narcotic drug under the 1961 Single Convention (Articles 34 and 36 TFEU, Case C-663/18 Kanavape, paras 76 and 96).
- Industrial hemp qualifies for CAP direct payments only if the THC content of the variety does not exceed 0.3 % (Art. 4(4) Regulation (EU) 2021/2115); THC control methods are set by the Commission (Art. 60(4)(a) Regulation (EU) 2021/2116).
- Member States may restrict how hemp is grown, for example ban indoor hydroponic cultivation, if the restriction is suitable and proportionate for protecting public health (Case C-793/22 Biohemp Concept, 4 October 2024).
- Member States must make intentional unlawful cultivation of cannabis plants and drug trafficking a criminal offence (Art. 2(1)(b) Framework Decision 2004/757/JHA, as quoted in Case C-271/23).
- Rules on recreational cannabis differ widely: Germany allows adults to possess up to 25 g in public, 50 g at home and three plants (§ 3 and § 9 KCanG), while in Czechia personal use becomes a criminal offence only above 5 plants, 200 g at home or 50 g elsewhere, and plants with up to 1 % THC are excluded (§ 285 Czech Criminal Code).
“Články 34 a 36 SFEU musí být vykládány v tom smyslu, že brání vnitrostátní právní úpravě, která zakazuje uvádět na trh CBD, který je legálně vyprodukován v jiném členském státě, v případě, že je extrahován z celé rostliny cannabis sativa, a nikoli pouze z jejích vláken a semen, ledaže je tato právní úprava s to zaručit naplnění cíle ochrany veřejného zdraví a nepřekračuje meze toho, co je k dosažení tohoto cíle nezbytné.”
[Translation: “Articles 34 and 36 TFEU must be interpreted as precluding national legislation which prohibits the marketing of CBD lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose.”]
This overview is based on legislation and case law in the legal database Europaius. It is not legal advice.
Cannabis is becoming increasingly popular in Europe. Studies have found that up to one in ten adults in some EU countries use cannabis recreationally. In addition, governments are increasingly voting to decriminalise the drug and several countries are even seeking full legalisation. So what is the situation with cannabis in Europe? Where is cannabis legal and where is it not? And what does the future hold for the European cannabis market?
The legality of cannabis in European countries
As with any other addictive substance, it is important to know the laws and regulations before you consider consuming it. You should familiarise yourself with the list below before you consider using cannabis in the European countries mentioned.
Use of cannabis for medicinal purposes
Recreational use of cannabis remains illegal
No government in Europe supports the legalisation of the sale of cannabis for recreational use and all countries have prison sentences for illegal sales. In the last few years, several bills have been proposed to national parliaments, as well as several initiatives in regions or cities, but these have been rejected at national level.
Coffee shops in the Netherlands
Coffee shops serve as cannabis outlets in the Netherlands and started to appear in the 1970s. In 2014, there were 591 coffeeshops in the Netherlands, almost a third of them in Amsterdam.
Sales and personal possession are punishable by imprisonment under Dutch law. Coffeeshops are tolerated provided they comply with strict criteria published in a directive from the public prosecutor's office.
Which European countries could legalise cannabis in 2022?
The idea of legalising cannabis has emerged relatively recently in Europe, although every European country has a long history of promoting legalisation.
In some European countries, the medical cannabis market is well established. Access to medicinal cannabis in Europe has helped to spread knowledge about cannabis among many people and has highlighted the medicinal effects of the plant. However, the stigma of cannabis is still widespread in European society.
In December 2021, the Maltese government allowed its citizens to grow up to six plants at home, hold seven grams and allow citizens to form social cannabis clubs. Although sales are still prohibited, this achievement represents an important cornerstone for the cannabis market in Europe. With Malta becoming the first EU country to legalise recreational cannabis, many are wondering which European country will be the next to legalise cannabis for recreational use.
Following the legalisation in Malta, the enthusiasm for legalising recreational cannabis shifted to Germany when the new coalition government announced its intention to legalise recreational cannabis. However, at the current stage there is no plan for legalisation. No proposals have yet been made to regulate and create a market for cannabis in Germany.
It is too early to say when and how the German coalition government will legalise cannabis. However, legalisation would mark a major turning point for the cannabis industry in Europe. As the first European country to fully legalise cannabis, it will be in a strong position to dominate an important early stage of cannabis supply in Europe. It will attract a lot of investment, new companies and new jobs.
Interested in learning more about cannabis legalisation? Visit our blog where there are hundreds of articles related to cannabis legalization in the Czech Republic or other countries.