Cannabis can be legal to grow at home but illegal to sell. A country may allow doctors to prescribe it while still penalising people who use it without a prescription. Even where adults can buy cannabis, visitors may be excluded from the system.
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This article is general information, not legal or medical advice. Cannabis laws differ by country and, in India, sit across central and state law and can change. For your specific situation, consult a qualified lawyer, and for any health use, a registered medical practitioner. Vijaya (cannabis leaf extract) is prescription-regulated in India and should only be used under medical supervision.
Key takeaways
- Legal does not mean the same thing twice. Home growing, possession, sale and tourist access are separate permissions, and a country can allow one while banning the others.
- Only Canada and Uruguay run nationwide regulated recreational sales. Most of the widely cited "legal" countries permit personal use or cultivation without public shops.
- India has not legalised recreational cannabis. The NDPS Act turns on the plant part: flowering tops and resin are covered, leaves and seeds without those tops are not.
- Bhang is a state matter, not a national exemption. A lawful sale in one state is not permission to carry it into another, and it does not authorise home growing.
- Hemp food, CBD oil and cannabis medicine are three different categories. An FSSAI hemp seed permission does not cover an extract.
Quick answer
Where is cannabis legal? Canada and Uruguay allow regulated recreational sales nationwide. Germany, Malta, Luxembourg, Czechia and South Africa permit some personal use or home cultivation, mostly without public shops. India permits neither general recreational use nor open sale: its law distinguishes cannabis flowering tops and resin, which are controlled, from leaves and seeds that are not accompanied by them.
Canada and Uruguay allow regulated recreational sales nationwide. Germany, Malta, Luxembourg, Czechia and South Africa permit certain forms of personal use or cultivation, with different restrictions. Their systems do not all include shops open to the public. The country chart below links to the rules behind each description.
India needs its own explanation. Its law treats cannabis flowers, resin and unaccompanied leaves differently. Medical and industrial permissions exist, but they do not amount to general recreational legalisation.
Recreational cannabis means cannabis used for non-medical purposes. Medical cannabis is accessed through a recognised treatment route, usually involving a prescription or medical authorisation. Using cannabis to relieve symptoms does not automatically qualify someone for the legal protections of a medical programme.
What each legal label actually allows
The first distinction to understand is what each legal label allows.
| Legal category | What it means | What it does not automatically allow |
|---|---|---|
| Recreational legalisation | Adults can carry out specified activities, such as possession, use or home growing, within legal limits. | Unrestricted sales, public smoking or access for tourists. |
| Medical access | Eligible patients can obtain specified products through an authorised treatment route. | Buying any cannabis product and calling it medicine. |
| Decriminalisation | Certain conduct no longer attracts criminal penalties. Administrative penalties may still apply. | A legal supply chain or permission to sell cannabis. |
| Tolerated sales | Authorities generally refrain from prosecuting sales that meet stated conditions. | Full legalisation of production and supply. |
| Pilot programme | Registered participants can obtain cannabis through an approved trial. | Access for everyone in the country. |
These distinctions appear in the approaches documented by the European Union Drugs Agency.
Where recreational cannabis is allowed
The countries below have national provisions allowing some form of adult recreational possession, use or cultivation. The limits shown are selected rules, rather than a complete account of each law.
| Country | What adults can do | How legal access works |
|---|---|---|
| Canada | Possess up to 30 grams of dried cannabis, or its equivalent, in public. Provincial and territorial rules also apply. | Buy through authorised retailers. Local rules govern matters including minimum age and home growing. Government of Canada |
| Uruguay | Access recreational cannabis through a regulated national system. | Registered eligible adults choose home cultivation, a membership club or participating pharmacies. Registration requires Uruguayan citizenship or permanent residence, so this is not an ordinary tourist retail market. IRCCA |
| Germany | Adults may possess up to 25 grams outside the home and 50 grams at home. Eligible residents may grow up to three plants. | Home cultivation and authorised non-profit cultivation associations. Residence requirements apply; the system does not provide general recreational shop sales. Federal Ministry of Health |
| Malta | Adults may possess up to 7 grams in public, keep up to 50 grams of dried cannabis at home and grow four plants per household. | Home cultivation and licensed non-profit associations. Tourists cannot join the associations. Public consumption remains prohibited. ARUC |
| Luxembourg | Adults may grow up to four plants per household and consume their home-grown cannabis in private. | Home cultivation. Public possession, acquisition, transport and consumption remain prohibited, with reduced penalties for certain offences involving up to 3 grams. Ministry of Justice |
| Czechia | From January 2026, qualifying adults in the 21-and-over age category may grow up to three plants and possess up to 100 grams at home or 25 grams outside it. | Limited personal cultivation and possession; the reform does not establish general recreational retail sales. Czech government briefing |
| South Africa | Adults have legal protection for private personal cannabis use and cultivation. | Private use provisions do not establish a recreational retail market. The justice ministry's February 2026 notice treated commercial cultivation, buying and selling as matters outside the Private Purposes Act. Department of Justice |
Permission to possess cannabis and permission to buy it are separate questions. Germany illustrates this clearly: an adult may lawfully possess a limited amount, while obtaining it through an association requires membership and residence eligibility.
Uruguay illustrates another difference. Its recreational cannabis is sold through participating pharmacies, but that does not make those purchases medical treatment. Registered recreational buyers are subject to purchase limits, including 10 grams over seven days and 40 grams over 30 days. IRCCA dispensing rules
Places that need a more careful explanation
Several countries are described as having legal cannabis even though their rules are narrower.
| Country or jurisdiction | More accurate description |
|---|---|
| United States | Medical and recreational permissions vary by state. Federal rules remain separate. The April 2026 reclassification of state-regulated medical cannabis did not create nationwide recreational legalisation. National Conference of State Legislatures |
| Netherlands | Coffee shop sales operate under a tolerance policy. A controlled supply experiment allows regulated production and sales in participating municipalities. These arrangements do not amount to unrestricted nationwide legalisation. Dutch government |
| Switzerland | Approved pilot trials provide non-medical cannabis to registered participants. They are limited research programmes, separate from medical prescribing. Federal Office of Public Health |
| Mexico | Court decisions have created a route to personal-use authorisations. COFEPRIS describes permissions covering activities such as cultivation, possession and transport for named holders. This should not be read as general permission for recreational shops. COFEPRIS |
| Georgia | A constitutional ruling removed penalties for cannabis consumption in specified circumstances. That ruling did not legalise cultivation or sales. Reporting on the court ruling |
| Portugal | Personal drug consumption and possession fall under a decriminalisation framework. They can still lead to administrative proceedings. Medical cannabis has a separate legal route. Portuguese legislation |
| Australian Capital Territory | Territory law provides limited exceptions for adult personal possession and cultivation. Commonwealth prohibitions also apply, and sales remain unlawful. These rules do not make recreational cannabis legal across Australia. ACT Policing |
| Thailand | Cannabis flower sales were restricted to medical prescribing in June 2025. Official visitor guidance requires a valid prescription issued in Thailand and limits dispensing to a medically necessary supply of no more than 30 days. Thai government |
Where medical cannabis is allowed
Medical access exists in more countries than recreational retail access. But medical cannabis being legal can describe very different systems.
Some countries allow prescribed cannabis flower. Others permit particular medicines, pharmacy preparations or imports for named patients. A programme may exist while access remains limited by prescribing rules, product availability or cost.
The following chart covers verified examples. It is not an exhaustive list of every country permitting a cannabis-derived medicine.
| Country | Medical access route |
|---|---|
| Canada | A healthcare practitioner can issue a medical document allowing a patient to register with a federally licensed supplier. Separate registration routes exist for medical cultivation. Health Canada |
| Czechia | Medical cannabis can be prescribed under rules governing eligible indications, prescribers and pharmacy preparation. State Institute for Drug Control |
| Netherlands | Medicinal cannabis is supplied through a system overseen by the Office of Medicinal Cannabis, with patient and prescribing guidance. Office of Medicinal Cannabis |
| United Kingdom | Specialist doctors can prescribe cannabis-based products under the applicable rules. NHS access is limited; specialist prescribing also exists outside the NHS. NHS England |
| Ireland | The Medical Cannabis Access Programme provides access to specified products for limited conditions under clinical supervision. Department of Health |
| Portugal | Cannabis medicines, preparations and substances can be prescribed and dispensed through pharmacies under the national framework. INFARMED |
| Italy | Doctors may prescribe medical cannabis for specified uses under national rules. Ministry of Health |
| Denmark | Doctors can prescribe products through the medicinal cannabis scheme, which became permanent on 1 January 2026. Danish Medicines Agency |
| Poland | Medical cannabis is available on prescription. Rules introduced in November 2024 generally require an in-person examination, with a limited exception for continuation of treatment. Patient Rights Ombudsman |
| Switzerland | Doctors can prescribe cannabis medicines without the previous exceptional authorisation from the federal health office. This change took effect in August 2022. Federal Office of Public Health |
| Australia | Access includes registered medicines and, for many unapproved products, the Special Access Scheme or Authorised Prescriber pathway. Therapeutic Goods Administration |
| New Zealand | Medicinal cannabis products are available on prescription, subject to product and import requirements. Ministry of Health |
| Israel | Patients can apply for medical cannabis permits through the health ministry's system and relevant specialist doctors. Ministry of Health |
| Thailand | Medical prescribing governs access to cannabis flower under the tightened rules introduced in 2025. Thai government |
| Argentina | Medical access includes medicinal products, authorised pharmacy preparations and approved controlled cultivation through REPROCANN. Ministry of Health |
| Brazil | Anvisa provides an authorisation route for patients to import cannabis-derived products for their own treatment. This is a defined medical access route, not permission to import any cannabis product. Anvisa |
| Peru | A national patient register, RENPUC, supports access to cannabis and its derivatives for medical and therapeutic use. Ministry of Health |
| United States | State medical programmes have different eligibility and product rules. Federal scheduling and state permission must be checked separately. National Conference of State Legislatures |
| India | Medical and scientific uses are permitted only within the applicable legal rules and authorisations. Licensed traditional medicines and authorised research do not create general access to cannabis flower. The India section below explains the distinctions. NDPS Act, Ministry of Ayush report |
What makes medical cannabis different?
The distinction concerns the treatment, product and legal access route. It does not mean medical cannabis is always a different plant or contains no THC.
THC can cause intoxication, including in prescribed products. CBD does not produce the same high, but it can cause side effects and interact with medicines. A medical label therefore does not mean a product is harmless. NHS guidance
| Question | Recreational use | Medical use |
|---|---|---|
| Why is it used? | For personal, non-medical purposes. | To treat or relieve a condition or symptom under clinical care. |
| Is clinical authorisation required? | Usually no, where adult use is permitted. | Usually a prescription, medical document or permit. |
| Who can obtain it? | Adults meeting local age and access requirements. | Patients meeting the relevant prescribing or programme requirements. |
| Which products are available? | Products permitted by the local adult-use rules. | Specified medicines or cannabis products permitted through the medical system. |
| Is effectiveness assessed? | Recreational access is not a medical approval. | Evidence varies by product and condition; some access schemes include unapproved medicines. |
Australia makes the last point explicit. Its regulator distinguishes registered medicines from unapproved medicinal cannabis accessed through special pathways. Permission to prescribe an unapproved product does not mean it has passed the same assessment as a registered medicine. TGA access guidance
Medical claims also need to name the condition and product. The NHS describes specific prescription uses involving certain severe epilepsies, chemotherapy-related nausea and vomiting, and multiple-sclerosis-related spasticity. That does not establish that every cannabis oil or flower product treats those conditions. NHS medical cannabis guidance
India: what is legal, and why the product matters
India has not generally legalised recreational cannabis. The main national law is the Narcotic Drugs and Psychotropic Substances Act, 1985, usually called the NDPS Act. Its definitions distinguish cannabis resin, flowering or fruiting tops, and seeds and leaves when they are not accompanied by those tops. Those distinctions explain why ganja, charas and bhang can be treated differently. NDPS Act, Section 2
| Product or activity | Position in India | What that means in practice |
|---|---|---|
| Ganja: flowering or fruiting tops | Included in the NDPS definition of cannabis. | There is no general permission to buy, possess or use it recreationally. |
| Charas and hashish: separated cannabis resin | Included in the NDPS definition, including concentrated preparations and resin known as hashish oil or liquid hashish. | These do not fall under the exclusion for unaccompanied leaves and seeds. |
| Leaves and seeds without the tops | Excluded from the Act's definition of ganja when not accompanied by flowering or fruiting tops. | This does not make every preparation made from them unrestricted or exempt cultivation from control. |
| Bhang made from cannabis leaves | Its production is outside the NDPS treatment of cannabis described in national policy, but state laws apply. | Sale and use depend on the state and the actual preparation. Adding controlled resin or tops changes the legal analysis. |
| Growing a cannabis plant at home | Cultivation is controlled separately under the NDPS Act. | Growing a plant for its leaves or for personal symptoms does not itself establish permission. |
| Hemp seeds, hemp seed oil and hemp seed flour as food | Permitted when they meet FSSAI standards and other applicable requirements. | Food permission does not authorise recreational cannabis flower or every product sold as cannabis oil. |
| Cannabis-based medicines | Medical use must comply with the relevant drug laws, licensing and authorisations. | A prescription or an Ayurvedic label alone does not legalise any cannabis product or source. |
The legal distinctions in this chart come from the NDPS Act, Sections 2, 8 and 10, the Department of Revenue's National Policy on NDPS, and FSSAI's hemp seed clarification.
Bhang is not a nationwide exemption for cannabis
The Department of Revenue's policy explains that bhang made from cannabis leaves is subject to state laws. A state may regulate its production and sale through its excise system. A lawful sale in one state should not be treated as permission to carry the preparation into another.
The leaves exemption also does not authorise home growing. The plant and the harvested material are dealt with separately. National policy explains that state governments can license cultivation for medical and scientific purposes under the NDPS framework. National Policy on NDPS
Medical cannabis and Ayurveda in India
Section 8 of the NDPS Act provides for medical and scientific uses when carried out in the manner and to the extent allowed by the Act, rules and relevant licences. It is a conditional legal route. Someone saying they need cannabis for pain does not, by itself, make possession lawful. NDPS Act
Cannabis-containing Ayurvedic, Siddha and Unani medicines also come under medicines regulation. The Ministry of Ayush's 2024–25 report records an order addressing illegal sales of ASU drugs containing bhang. This is one reason to check the actual medicine, manufacturer and licensing route rather than rely on the word Ayurvedic on a website. Ministry of Ayush annual report
For internal-use ASU medicines containing ingredients listed in Schedule E(1), the government requires a label stating that they must be taken under medical supervision. That requirement should not be confused with unrestricted consumer access. Government explanation of Rule 161
Hemp food, CBD oil and cannabis medicine are different products
FSSAI has established standards for hemp seeds and seed products, including hemp seed oil and flour. A food product meeting those standards is not automatically a medicinal cannabis product. Equally, permission to sell hemp seed oil does not establish that a CBD extract or THC-containing oil can be sold under the same permission. FSSAI clarification
For an Indian buyer, useful details include the plant material used, the full ingredient list, the product's regulatory category, the manufacturer's licence and any medical supervision requirements. An online listing or a claim that a product is natural cannot answer those questions.
Checking the rules for your own situation
For any country, check the activity you intend to carry out: obtaining cannabis, possessing it, growing it or using it in a particular place. If travelling with a prescribed product, check the destination's import rules separately. New Zealand, for example, has specific conditions for bringing medicinal cannabis into the country and prohibits patients from simply ordering it for delivery from overseas. New Zealand Ministry of Health
This article is general information, not legal or medical advice. Cannabis laws differ by country and, in India, sit across central and state law and can change. For your specific situation, consult a qualified lawyer, and for any health use, a registered medical practitioner. Vijaya (cannabis leaf extract) is prescription-regulated in India and should only be used under medical supervision.
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