Since the groundbreaking legalization in Colorado and Washington State in 2012, cannabis policy in the USA has changed significantly. In the meantime, 24 states and Washington D.C. have legalized the use of cannabis for adults – albeit with very different models.
The reform is also progressing in Europe: Malta (2021), Luxembourg (2023) and Germany (2024) have already passed national legalization laws. The Czech Republic will follow on January 1, 2026, and Switzerland and Slovenia are also discussing concrete reform plans.
But how do the models on both sides of the Atlantic differ?
USA: Federal diversity despite federal ban
The USA is a patchwork of regulations:
- Homegrow: Allowed in most states – but not everywhere. Washington State and Illinois, for example, prohibit homegrowing.
- Sale: Allowed in almost all legalized states. Virginia and Washington D.C. allow possession, but not sale through regular stores.
- Legislation: While many states have introduced legalization via referendum, Vermont was the first to legalize purely by legislation in 2018.
- Federal level: Cannabis remains Schedule I under US federal law – i.e. officially prohibited. However, consumption is largely tolerated in legalized states.
Europe: National laws within the EU framework
The situation is different in Europe:
- EU restrictions: National legalization is possible, but commercial sales based on the Canadian or US model are not yet permitted. Instead, the EU allows reforms under the label of “health promotion” or “research”.
- Homegrow: Is an integral part of all previous models. Malta, Luxembourg, Germany and, in future, the Czech Republic allow adults to grow at home.
- Cannabis clubs: In Malta and Germany, consumers are allowed to organize themselves into growers’ associations. Luxembourg and the Czech Republic prohibit this.
- Pilot projects: Countries such as the Netherlands and Switzerland are conducting scientifically supported pilot projects with limited commercial distribution. Germany is planning similar trials.
Linguistic differences: Legal vs. decriminalized
An exciting difference lies in the terminology:
- In the USA, the term “legalization” is used as soon as possession or home cultivation is permitted – even without sales structures.
- In Europe, there is often talk of “decriminalization”, although the models (e.g. in Germany) would legally correspond more to US legalization.
This shows: What “real legalization” means depends heavily on the political and cultural perspective.
Conclusion: On the way to harmonization
While the USA has been experimenting for over a decade and federal differences could hardly be greater, European states are moving more cautiously and mostly within the tight corset of EU rules.
- USA: More diversity, more markets, but conflict with federal law.
- Europe: Fewer markets, but more standardized approaches such as homegrow and clubs.
In the long term, harmonization of the rules in both the USA and Europe would be desirable – for consumer protection, patient care and international markets.
Source: https://internationalcbc.com/comparing-u-s-and-european-cannabis-legalization/?utm_source=ICBC+Combined+List+Newsletter+and+Outreach&utm_campaign=23f8d75cbb-EMAIL_CAMPAIGN_2025_06_26_02_04_COPY_01&utm_medium=email&utm_term=0_-2f1e7828bf-23677254