Countries that have fully legalised marijuana use - and the systems that govern them

The Rastafari Society of Kenya appeared before the High Court today, November 19, 2025, to renew their battle for the legalisation of marijuana.

In a petition challenging the constitutionality of the Narcotic Drugs and Psychotropic Substances Control Act, the Society argues that the current prohibition violates their freedom of worship and right to privacy.

They contend that for the Rastafari faith, cannabis, referred to as a 'sacrament' in their petition, is not a narcotic for recreational abuse, but a tool for spiritual connection.

Kenyan law classifies the plant alongside hard drugs, treating possession as a criminal offence, carrying a fine of not less than Sh20 million or a prison term of at least 15 years. 

However, across the globe, several governments have moved beyond debate to enact full legalisation, replacing criminal penalties with regulated systems for adult use.

These are the countries that have successfully legalised marijuana.

Uruguay

Uruguay became the first country in the world to fully legalise the recreational use, sale, and cultivation of marijuana on a national level.

The government passed the legislation on December 10, 2013, aiming to wrest the market from illegal cartels.

Under this system, citizens and permanent residents aged 18 and older must register with the government to access cannabis through one of three mutually exclusive methods.

First, individuals can purchase up to 40 grams per month from licensed pharmacies. The price was originally set by the government at approximately $1 (Sh129) per gram to undercut the black market.

Second, individuals may join a cannabis club, which can have up to 45 members and cultivate up to 99 plants annually.

Third, registered households are permitted to grow up to six plants for personal consumption, with a harvest cap of 480 grams per year.

Public consumption is generally treated similarly to tobacco smoking.

Canada

Canada became the first G7 nation to legalise cannabis federally with the enactment of the Cannabis Act on October 17, 2018.

The legislation allows adults aged 18 or 19 (depending on the province) to purchase, possess, and cultivate cannabis.

Adults are legally permitted to possess up to 30 grams of dried cannabis in public.

The law allows households to grow up to four plants for personal use, although some provinces like Quebec and Manitoba have enforced stricter bans on home cultivation.

Sales are conducted through a mix of government-run retail stores and licensed private dispensaries.

The industry is strictly regulated by Health Canada, with stringent requirements for packaging and labelling to deter youth access.

Since legalisation, the illegal market share has significantly declined, and the sector has contributed billions to the national economy.

South Africa

South Africa stands as the primary African nation to codify the legalisation of cannabis for private use.

The Constitutional Court ruled in 2018 that banning private consumption was unconstitutional.

This ruling was formally solidified when President Cyril Ramaphosa signed the Cannabis for Private Purposes Act into law on May 28, 2024.

This legislation permits adults to cultivate, possess, and consume cannabis in private settings.

It establishes limits for personal possession, allowing up to 600 grams of dried cannabis per person or 1,200 grams per household with two or more adults.

However, the law strictly prohibits the buying and selling of cannabis.

Consequently, while a Kenyan visiting South Africa could legally be gifted cannabis for private use, purchasing it remains a criminal offence.

Public consumption is also illegal.

Germany

Germany enacted the Cannabis Act on April 1, 2024, representing a significant shift in European drug policy.

The law legalises possession and home cultivation for adults aged 18 and over but stops short of establishing a full commercial market like Canada or Uruguay.

Adults in Germany can legally possess up to 25 grams of cannabis in public spaces and up to 50 grams in their private residences.

Home cultivation is limited to three live plants per household.

Rather than commercial shops, the government introduced ‘Cannabis Social Clubs’ effective July 1, 2024.

These non-profit associations, capped at 500 members, can collectively grow and distribute cannabis to their members for a fee.

Public consumption is banned near schools, playgrounds, and sports facilities.

Malta

Malta became the first member of the European Union to legalise recreational cannabis on December 14, 2021.

The legislation focuses on harm reduction and curbing the illegal market without creating a commercial industry.

Adults aged 18 and over can legally carry up to seven grams of cannabis in public.

Possession of between seven and 28 grams is not a criminal offence but is subject to an administrative penalty of up to €100 (Sh13,600).

Households are permitted to grow up to four plants, provided they are not visible to the public, and store up to 50 grams of dried product.

Distribution occurs through non-profit organisations approved by the Authority for the Responsible Use of Cannabis, rather than retail outlets.

Smoking in public remains illegal and carries a fine of €235 (Sh32,000).

Luxembourg

Luxembourg legalised the private cultivation and consumption of cannabis on July 21, 2023.

The government adopted a cautious approach, permitting adults to grow up to four plants per household, regardless of the number of residents.

The cultivation must take place at the individual's place of residence, and the plants must not be visible from the public street.

While consumption at home is legal, possessing, transporting, or purchasing cannabis in public remains prohibited.

However, the law decriminalised public possession of small amounts; carrying under three grams now attracts a reduced fine of €145 (Sh19,700), replacing previous criminal proceedings.

The state has indicated plans to introduce a regulated sales and distribution chain in the future, but currently, no legal mechanism exists for purchasing the drug.