Cannabis Regulation Through the “Without Right” Clause in Article 2(1) of EU Framework Decision 2004/757/jha on Illicit Drug Trafficking

What is it about?

Can cultivation and trade of cannabis for recreational use be regulated, instead of plainly prohibited as obliged by United Nations drug control treaties? This is a question several EU states are confronting today. This study first investigates whether a national regulatory system for controlled trade of recreational cannabis can be developed in accordance with EU law. Second, this study discusses four potential possibilities for states to regulate recreational cannabis within the boundaries of public international law. We conclude that EU law does leave room for such regulation and that the four options discussed can have a combined strengthening effect and indeed present a legally sound and politically viable opportunity to regulate recreational cannabis without setting aside the whole UN drug control system.

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