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Offences and defences

Cannabis in Europe: what is actually permitted, country by country

by Massimo Romano3 min readupdated 2026-08-05
European institutional architecture
Direct answer

There is no European cannabis law. There are national regimes that now differ more than at any point in the last fifty years — from statutory permission in Germany to criminal liability for consumption itself in Sweden. The one thing they all share is that none of them applies across a border.

Where the main regimes stand

CountryPositionNote
GermanyStatutory permission within thresholds since April 202425 g in public, 50 g at home, three plants
MaltaLegislated: limited possession and cultivationNon-profit associations, public consumption banned
LuxembourgHome cultivation and personal possession permittedNo commercial retail
Czech RepublicSmall quantities a minor offence; reform advancingSupply fully criminal
NetherlandsTolerance policy in licensed premisesNot legalisation; hard drugs prosecuted
PortugalPersonal use an administrative matterSubstances still seized; supply criminal
SpainPrivate consumption unsanctioned; public is administrativeAssociations legally contested
Italy, FrancePossession prosecutedWith different routes for minor cases
SwedenConsumption itself is a criminal offenceThe strictest regime in the Union

The rule that overrides all of it

Carrying cannabis across any European border is a criminal offence at both ends. It is an export where you leave and an importation where you arrive, and importation is treated far more seriously than possession in every system on this list — including the permissive ones.

Two further points follow and both catch people. Buying lawfully in one country does not make the possession lawful in the next. And a quantity that is within a permitted bracket at home can be a serious charge on arrival, because the receiving country applies its own thresholds to the whole amount.

Permission is not access

The permissive regimes were built for residents and they say so. Germany requires six months of habitual residence before joining a cultivation association; Malta's associations are for residents; Luxembourg permits home cultivation, which a visitor by definition does not have. The Netherlands is the only place where a visitor can lawfully buy, and even there the limits are narrow and several municipalities have restricted access.

So the position for a traveller is consistent almost everywhere: possession may be permitted, acquisition is not, and the gap between the two is where the cases come from.

Driving is a separate question everywhere

Every country on this list treats driving after use under different rules from possession, and the limits are low. Cannabis being lawful to hold does not make it lawful to drive, and in several systems detection alone is sufficient — the Italian position, which changed in 2024, is in the guide on drug driving.

Medical prescriptions

A prescription valid in one country is not automatically valid in another, and cannabis-based medicines are among the most restricted. Travelling with them requires the documentation each country demands, obtained before departure rather than explained afterwards.

Frequently asked questions

Is cannabis legal in Europe?

There is no European rule. Germany, Malta and Luxembourg have legislated within thresholds, the Netherlands tolerates in licensed premises, Portugal decriminalised personal use, and Sweden prosecutes consumption itself.

Can I take it from one country to another?

No. It is an export at one end and an importation at the other, and importation is treated far more seriously than possession in every system.

Can a tourist buy in Germany or Malta?

No. Both require residence for association membership. The Netherlands is the only place a visitor can lawfully buy, within narrow limits.

Does a lawful purchase protect me in the next country?

No. The receiving country applies its own thresholds to the whole quantity, and a permitted amount at home can be a serious charge on arrival.

If a case has arisen

Which country, which quantity and whether a border was crossed decide everything. First contact is free and covered by professional privilege, at any hour.

Reachable 24 hours

Tell me what has happened

First contact is free and covered by professional privilege, at any hour including nights and holidays.

Bar of Naples, admission no. 14553 · Rome · Milan · Naples

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