Countries Where Drugs Are Decriminalized
Countries Where Drugs Are Decriminalized
Recreational drug use can be a morally gray area for many. Some people say the right to bodily autonomy is absolute, even to the extent that that right leads to self-harm. Others insist on a heavy-handed reinforcement of drug laws that have shown poor outcomes at best and victimized communities at worst.
While the U.S. continues to grapple with issues like legalization of cannabis, these countries decriminalized drug use for personal possession:
Antigua & Barbuda
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Antigua & Barbuda decriminalized recreational cannabis in 2018. Personal possession up to 15 grams does not carry a criminal penalty.
Argentina
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In 2009, Argentina’s Supreme Court declared that it was unconstitutional to prosecute citizens possessing drugs for personal use. The Arriola decision held: “Criminalizing an individual [for drug use] is undeniably inhumane, subjecting the person to a criminal process that will stigmatize him for the rest of his life and subject him, in some cases, to prison time.”
Armenia
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This former USSR country shifted its drug policy in 2008, choosing to decriminalize possession of small quantities of illicit substances. While jail time is no longer on the table for simple possession, a ~$400 fee or voluntary drug treatment may be levied towards users.
Australia
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All Australian states and territories have decriminalized personal drug use in practice, meaning police and courts use their discretion when enforcing drug laws. Three states (South Australia, Australian Capital Territory, Northern Australia) has decriminalized simple possession in law, levying a warning, education program or small fine.
Barbados
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Barbados legalized medical marijuana use in late 2019. A $200 fine may be applied for personal possession up to 14 grams. However, registered Rastafarians may use cannabis for spiritual practices under the country’s Sacramental Cannabis Bill, also in 2019.
Belize
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Belize established a legalized cannabis industry, allowing for its sale throughout the country. Details on other drug legalizations are fairly murky.
Bermuda
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Bermuda decriminalized personal possession of seven grams of cannabis in late 2017. Bermuda’s governor blocked full legalization in mid-2022. Medicinal cannabis remains legal in the country.
Bolivia
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Bolivia ended its War on Drugs some years ago, legalizing the coca leaf in particular. People caught “in possession of controlled substances in minimal quantities” may be referred for drug treatment or fined.
Chile
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Individuals in Chile caught with personal amounts of illicit drugs have been exempt from prosecution since 2005.
Colombia
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Colombia’s 1994 Constitutional Court ruling found that penalties for personal possession violated rights to free personal development. However, corrupt officers may still confiscate drugs or detain users for extortion.
Costa Rica
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In 2011, the Public Prosecutor’s Office instructed the Costa Rican courts to abandon cases of possession for personal use. The country also modified its prison sentencing for trafficking among women in vulnerable positions like poverty or acting as caretaker.
Croatia
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Croatia ruled in 2013 that possession of small drug quantities was now a misdemeanor, punishable by fine at the court’s discretion. Rehab can be completed in lieu of paying the fine.
Czech Republic
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The Czech Republic views recreational drug use as a health issue, not a criminal one. Possession offenses may incur fines up to $600, but no criminal record is created.
Ecuador
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Ecuador’s National Assembly passed a new criminal code (COIP), which took effect in 2014. This code decriminalized personal use possession for small amounts of narcotics.
Estonia
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Estonia determined in 2002 that small amounts of all illicit drugs for personal use weren’t a criminal offense anymore. Drug use is a misdemeanor, though participation in a “social program” acts as punishment more often than fines or detention.
Germany
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Germany decriminalized personal possession in the 1990’s, though different cities use varying thresholds to define a criminal amount of drugs. The country’s seen a declining drug use since 2000; it currently has lower rates of drug use than many other European countries.
Italy
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Italy decriminalized cannabis possession in 1993, separating it from “hard” drugs like cocaine. Penalty periods were also reduced for the more serious drugs, even introducing community service as an alternative to incarceration.
Jamaica
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A 2015 amendment decriminalized personal cannabis possession, resulting in a minor fine if caught with it. This eliminated about 15,000 annual court cases from the docket, dramatically reducing the legal burden. The same amendment also allows for some home cultivation. Other substances are still illegal.
Mexico
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The Mexican government enacted the narcomenudeo reforms in 2009 to reduce illicit activity by decriminalizing small amounts of cannabis and cocaine. As of 2021, adults can cultivate plants on their property for personal use.
Netherlands
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An early pioneer in decriminalization, the Netherlands officially put this practice into effect in the 1976. “Coffee shops” and lenient policies on injected drugs led to dramatic decreases in overall use compared to the rest of Europe.
Paraguay
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Paraguay’s Law 1340, passed in 1988, permits illicit drug possession for personal use. People caught with these substances must register with the government as a drug user in order to avoid prison.
Peru
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Peru decriminalized possession for personal use in 1991 and modified the policy in 2003. Individuals found with small amounts for immediate use are not punishable by law. Officers may still arrest people for possession if suspected of exceeding the limit.
Poland
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Former president Bronisław Komorowski amended Poland’s drug laws in 2011, effectively decriminalizing personal drug use by letting prosecutors decline to prosecute offenders. In practice, the ill-defined “small quantity” of drugs leads to erratic prosecution rates, making the whole system unpredictable.
Portugal
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Portugal decriminalized personal drug possession in 2001, citing substance abuse as a health disorder instead of a criminal act. People who misuse drugs are registered with the police and voluntarily referred to treatment centers.
South Africa
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South Africa announced to the world that the war on drugs had failed, moving towards a human-rights based approach in 2020. They decriminalized private adult consumption of cannabis the previous year.
Spain
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According to Spain’s National Police Spokesman Rafael Jimenez, “If you are consuming any drugs in private, you are not breaking any law. And then if you are caught taking drugs in public places, this is an administrative, not a criminal offense.”
Switzerland
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Switzerland began its decriminalization efforts in 1994, beginning with heroin assisted treatment (HAT) to drop AIDS-related deaths. Since then, the country decriminalized drug use and possession for personal use, replacing prosecution with harm-reduction programs.
Uruguay
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Possession for personal use has never been a crime in Uruguay. It became the first country worldwide to legalize recreational cannabis in 2013, allowing legal acquisition through home cultivation, social clubs, and Uruguayan pharmacies.
The Top 17 Countries for Healthcare
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We’ve partnered with the Legatum Institute, a renowned nonprofit research firm, to find the best healthcare in the world. These countries make up the top 10% of health systems worldwide. Where will the U.S. land on this list?
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Brett Andrews is an expat influencer and co-founder of Expatsi, a company that's helped thousands of expats on their moving abroad journeys. Brett and his partner Jen developed the Expatsi Test to recommend countries to move to, based on factors like budget, visa type, spoken languages, healthcare rankings, and more. In a former life, he worked as a software developer, IT support specialist, and college educator. When he's not working, Brett loves watching exploring new countries, reading unusual books, and pondering the wisdom of The Big Lebowski.
