jurisdiction
- Albania
- Austria
- Belgium
- Bosnia and Herzegovina
- Brazil
- Bulgaria
- Chile
- China
- Colombia
- Czech Republic
- France
- Germany
- Hungary
- Italy
- Laos
- Lebanon
- Luxembourg
- Mexico
- Morocco
- Netherlands
- North Macedonia
-
Norway
- Peru
- Poland
- Portugal
- Romania
- Serbia
- Slovakia
- Slovenia
- South Africa
- Spain
- Switzerland
- Thailand
- Ukraine
- United Arab Emirates
- United Kingdom
Medical use
The Norwegian Medicines Act classifies cannabis as a narcotic drug, which in general may not be used for medical purposes. Both cannabis and its primary psychoactive component tetrahydrocannabinol (THC) are defined as prohibited narcotics pursuant to section 5, first paragraph, of the Norwegian Narcotics Regulations. However, cannabidiol (CBD) does not have psychoactive properties, nor is it considered a prohibited narcotic under section 5 of the regulations.
In general terms, medical cannabis is not permitted in Norway, although there are some exceptions:
- There are two cannabis medicines with a marketing authorization in Norway. Both are prescription-only.
- Sativex, a mouth spray based on extract from the cannabis plant, containing both CBD and THC.
- Epidyolex, a liquid solution to be swallowed, which contains CBD.
- Norwegian doctors, with the right to prescribe pharmaceuticals in group A, can prescribe cannabis-related medicines and products with a THC content of less than 1% that are not approved or have a marketing authorization in Norway.
- Specialists in hospitals can apply for an approval exemption for unregistered cannabis products that contain more than 1% THC.
- Importing medical cannabis within the Schengen area is legal, according to §75 of the Schengen Agreement. This means that it is possible to import cannabis products, e.g. from Bedrocan in the Netherlands or Stenocare in Denmark.
- The amount allowed to be imported to Norway is limited to 7 days use with a foreign prescription, and up to 30 days use with a declaration from a Norwegian doctor.
- This only applies when the product has been legally purchased in the country in question. The fact that a product is sold somewhere does not necessarily mean that it is sold legally.
Recreational use
Recreational use of Cannabis is not allowed in Norway.
Pursuant to the Norwegian Penal Code and the Medicines Act, possession and use of narcotics (including cannabis) is punishable by up to 6 months imprisonment. However, possession of a small amount (up to 15 grams) of cannabis for personal use will usually only be punished with fines, especially for first-time offenders.
More severe offences, such as unlawful production, import, export, or supply of a narcotic drug, is punishable by up to 2 years imprisonment, and in severe cases up to 10 years imprisonment.
Industrial use
Cultivation of cannabis is allowed if given prior approval issued by the Norwegian Medical Products Agency. In general, this will not be given unless for medical and/or scientific purposes. Entities given such an approval must fulfil the conditions described in the relevant approval.
Import of narcotic drugs for industrial use, including cannabis, may also be lawful if approved by the Norwegian Medical Products Agency.
Patentability
There is no general prohibition on patenting cannabis-based products if such product fulfils the conditions prescribed by the Norwegian Patent Act. The conditions that are necessary for the invention to be granted as patent are, essentially, whether the invention is new, involves an inventive step and can be reproduced.
There is no current legislation stating that products based on narcotics drugs, is exempt from the usual patent-regulations.
Latest developments
In 2021, the Norwegian government proposed to decriminalise possession and use of all narcotics, provided the possessed amount of narcotics was sufficiently small to be considered “for personal use only”. The proposal was, however, not passed in parliament.
Depending on the outcome of the 2025 parliamentary election, we would not be surprised if another bill on decriminalisation would be submitted. This would, presumably, also imply less strict guidelines for usage of medical cannabis.
In light of the recent developments in USA and Germany, in particular, there are more politicians advocating for assessing the risks and benefits of possible legalisation and government-controlled sales of cannabis. In our view, this would probably be some years down the road.