Cannabis in Denmark – Laws, Use, and History

Cannabis laws in Denmark

Can you possess and use cannabis in Denmark?

It is illegal to possess cannabis in Denmark, in accordance with the Consolidated Act on Controlled Substances (2016). If caught, the penalty is either a fine or imprisonment – a maximum two-year sentence.

Personal use of cannabis is not listed as a crime. However, the fact that it is in your possession means it is a prosecutable offence. The punishment for possessing it is usually a fine, which is dependent on how much cannabis you are found with, plus any offences you have committed in the past.

As cannabis is generally regarded as a ‘soft drug’, the usual fine is only around €70. If you are caught driving while under the influence of cannabis though, the fine is likely to be larger, and the possibility of a prison sentence is increased. The possession of 10kg+ of cannabis is classed as a more serious offence and is punished under Section 191 of the Criminal Code. This can result in 10 to 16 years’ imprisonment.

Can you sell cannabis in Denmark?

The sale of cannabis is also illegal in Denmark, and as with possession, the penalty is a fine or imprisonment. However, the Laegemiddelstyrelsen medicines agency has now provided 12 companies with permits to produce and sell cannabis for medicinal purposes.

Can you grow cannabis in Denmark?

Growing cannabis plants is illegal. This is a grey area though, as the purchase or sale of cannabis seeds is not. It is generally recognised that by growing their own plants at home, individuals are not actively supporting the illegal distribution of drugs in the country. Thus, it is not usually regarded as a serious offence; but bear in mind that it is still punishable in the eyes of the law.

Is CBD legal in Denmark?

On 1^st July 2018, it became legal to possess and sell CBD oil with a content of 0.2% THC or less. THC is the psychoactive ingredient in cannabis that is responsible for giving users the ‘high’, and the effects of a 0.2% dose are limited.

However, other factors affect whether the CBD oil is legal or not, even if it complies with this regulation. If it produces an effect on the body, it may be regarded as a medicine. This means it must meet the criteria of the Danish Medicines Act or the rules outlined in the medicinal cannabis programme.

As such, many CBD oils online may still be illegal to sell or buy.

Can cannabis seeds be sent to Denmark?

It is legal to buy, sell and possess cannabis seeds in Denmark. It is also legal to send them in the post, which may come as a surprise to some. It is not legal to germinate the seeds though, and you are also not allowed to grow plants from them.

Medicinal cannabis in Denmark

Denmark has approved Sativex, Marinol, and Nabilone for medicinal use. Sativex is based on an extract of the cannabis plant, while Marinol and Nabilone contain synthetically produced cannabinoids.

On the 1^st January 2018, the Danish Medicines Agency established the medicinal cannabis programme. This four-year pilot scheme granted 12 companies permits for growing, cultivating and distributing medicinal cannabis in the country. This trial is specifically aimed at herbal cannabis (plant material), and is therefore different from the abovementioned cannabinoid-based medications.

To gain a permit, the companies needed to gain licences for each process involved in producing the medicinal end product. They are now free to distribute their products to approved suppliers (e.g. doctors and pharmacies in Denmark).

The country anticipates becoming one of the largest producers of medicinal cannabis in Europe. However, they will be subject to strict regulation, stipulated by three public bodies: the national police, Landbrugsstyrelsen agricultural agency, and Laegemiddelstyrelsen (the Danish Medicines Agency).

The medicinal cannabis market

The Danish cannabis market previously faced shortages of readily available flower or formulated products. All products were imported from licensed producers under EU-GMP guidelines.

Denmark’s medicinal cannabis pilot programme had been due to finish at the end of December 2021 following a four year trial period. Since, May 2021, Danish patients will now be able to access medicinal cannabis for another four years, after the government agreed to extend a the trial.

The decision has been welcomed by EU-GMP producers approved to supply Denmark’s cannabis market; including Australian producer Canopy Growth and Canadian giants Aurora, among others.

Auroras European subsidiary, Aurora Nordic, joined together with Danish horticulturalists Gartneriet Alfred Pedersen & Son (famous for their Katrine & Alfred Tomato) to produce medicinal cannabis of the highest grade.

Aurora Nordics’ 9,200 m², high-tech cultivation facility in Odense, Southern Denmark, is set to produce a maximum output of approximately 10,000 kg per year of high-quality cannabis products.

Chief Executive, Terry Booth, expressed his thoughts regarding the expansion: “This partnership is a big step for Aurora, because it makes us the leading cannabis company in Europe”. Booth acknowledges that “with a market of more than 400 million people. This will efficiently accelerate our international growth.”

Denmark’s Ministry of Foreign Affairs confirmed their plans for building Europe’s leading ecosystem for medicinal cannabis. Ministers expect Denmark to prosper in the industry, with more than “200,000 square meters” of high-tech cultivation facilities currently being constructed.

With 42 licensed cannabis companies across the country, and with more applications being submitted, Denmark looks to become a leading player in the European market.

Industrial hemp in Denmark

Industrial hemp is used for many different purposes; to create paper, construction material, textiles, biodegradable plastic and more. It can be grown legally in many countries in Europe, including Denmark. The production and use of industrial hemp is regulated – only certain varieties of cannabis can be used and they must contain less than 0.2% THC.

Denmark’s political parties and cannabis

As with many countries, Denmark’s political parties are divided when it comes to cannabis. Five of the country’s parties; Enhedslisten, the Socialist People’s Party, Alternative, Radikale Venstre and Liberal Alliance, recently voiced their support for decriminalising the sale of cannabis. They claimed that prohibiting recreational use enabled criminal organisations to profit from illegal trade.

The current government, which comprises a coalition of different political parties, initially took a hard-line stance on the sale and possession of cannabis in Denmark. They rejected proposals for a trial legalised programme in Copenhagen four times. But there are suggestions that their tough approach may be softening, particularly with the introduction of the medicinal cannabis programme.

Good to know

If you are travelling to Denmark (or are a resident), it is useful to know the following:

• Denmark is largely pro-cannabis use. Recent polls showed that 88% of Danish people support its use for medical purposes. Over half the respondents supported the recreational use of cannabis too.
• As from 1^st January 2018, it is possible to obtain a prescription for medical cannabis in Denmark.

Cannabis in Copenhagen

Denmark is often regarded as a relatively progressive, liberal country. This is perhaps most evident in Copenhagen, and its semi-autonomous ‘free-town’, Christiania. Regarded as a centre of liberal attitudes and freedom, the use of cannabis is commonplace among its locals.

It was formed in the 1970s, when squatters entered the area (then an abandoned military base) and made homes out of the disused buildings. The government at the time declared Christiania a ‘social experiment’ and in 1989, it was awarded certain legal rights.

The trade of cannabis has changed in Christiania over the years. One-man dealerships have given way to multinational enterprises, and drug use is still as prevalent as ever. This has caused tensions with the law.

Attitudes to cannabis

Despite the fact that possession of cannabis is illegal, almost half of young adults (16-34 years old) has tried cannabis at least once in their life. This is one of the highest figures in Europe. The country was also ranked 23^rd in the world in terms of prevalence of cannabis use.

The move to legalise cannabis for medicinal purposes marks a further shift in opinion, and the suggestion that the law will become softer on its use in the future.

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Recent cannabis history

In the early 2000s, the law’s focus with regards to cannabis use was on minimising personal harm. In 2004, this shifted noticeably. The police began actively policing the possession and supply of cannabis; whereas before, the emphasis had been more on suppliers of harder drugs, such as heroin.

There was a reason for this shift. Recreational cannabis use among young people had increased in the 1990s, and some regarded the Danish government’s approach as too liberal. In 2003, the government introduced the Fight Against Drugs scheme. This was designed to reduce access to cannabis, decrease its profitability on the streets, and prevent the drug from becoming normalised.

What medical cannabis products are available in Denmark?

According to Laegemiddelstyrelsen (The Danish Medicines Agency), there are four cannabis-based products available on prescription:

• Medicines supplied for ‘compassionate use’ (with permit)
  Certain products which aren’t sold or authorised in Denmark can be prescribed using a compassionate use permit. This applies to some medicines that use synthetically-produced cannabinoids.
• Authorised medicines
  Some medicines, such as Sativex (a spray used to treat spasms associated with MS) are authorised and can be prescribed freely by doctors or pharmacists.
• Magistral preparation of cannabis substances
  Preparations of cannabis-substances can also be prescribed – usually in the form of a capsule or oil. These are prepared at a pharmacy, based on the recommendations listed in the doctor’s prescription.
• Listed products on the pilot scheme
  From the start of 2018, doctors were also given the chance to prescribe other cannabis products, supplied by official companies taking part in the medicinal cannabis pilot programme.
  From the start of 2018, doctors were also given the chance to prescribe other cannabis products, supplied by official companies taking part in the medicinal cannabis pilot programme.

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What is Danish cannabis like?

There are many different strains of cannabis grown in Denmark, including those introduced via companies like Canadian medical cannabis producer Canopy. A study in 2015 found that Danish cannabis was unusually high in THC – and that levels of THC had tripled in just twenty years. The samples contained 28% THC, compared to 8% in 1992.

“Cannabis as a product has changed significantly in just a few years,” says Christian Lindholst, Head of Department of Forensic Medicine at Aarhus University. “This is a trend we see around Europe.”

The Danish drugs market

Cannabis is the most frequently seized drug in Denmark; followed by cocaine and amphetamines. The majority of cannabis resin comes from Morocco, though numbers of ‘home-grown’ cannabis prosecutions have increased in recent years.

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Is Denmark likely to decriminalise recreational use?

Other countries, such as Portugal and Spain, have relaxed their laws on recreational drug use. Since doing so, Portugal experienced a decrease in HIV infections and drug-related deaths. With many other countries across the world legalising cannabis use for medical purposes, there is a possibility that Denmark may choose to decriminalise the recreational use of the substance, especially if the government believes it to be of benefit to the country as a whole.