Is Marijuana Legal in Gibraltar?
Last updated on Oct 7, 2024
Created on Aug 7, 2023
Article written by
Meagan MorrisDirector of Content and SEO
The recreational use of cannabis is illegal in Gibraltar. Because of its geographical location, there are drug smuggling issues on which the Gibraltar government takes a relatively firm stance.
Marijuana is a Class B drug and is illegal under the Crimes Act (2011). This includes possession and supply. Gibraltar is a British Overseas Territory, so the laws of the United Kingdom apply.
Certain cannabis-based products are legal for medical use in Gibraltar, but a doctor must prescribe them. There is a limited range of products, and patients cannot smoke medical cannabis.
What Are the Medical Marijuana Laws in Gibraltar?
In Gibraltar, the medicinal use of cannabis is legal but restricted. Patients cannot smoke medicinal cannabis products.
Instead, 11 products are available. Any cannabis product intended for medicinal purposes must be prescribed by registered doctors in the Gibraltar Health Authority.
How Much Cannabis Can I Possess in Gibraltar with an MMJ Card?
Gibraltar currently doesn’t use MMJ cards. To access medical cannabis in Gibraltar, you need a doctor’s prescription.
This is limited to products that the Gibraltar Health Authority has approved, and the amount of product you can possess will depend on your prescription.
Possession of recreational cannabis in any amount is illegal under the Crimes Act (2011).
How Do I Get Certified for Medical Cannabis in Gibraltar?
To get certified for medical cannabis in Gibraltar, you must get a doctor’s prescription. The product Sativex, an oral cannabis-based spray, is only prescribed to those with multiple sclerosis.
All other products are also limited to certain conditions. These conditions are:
Even in these conditions, medical cannabis is only an option if you have exhausted all other standard treatments. Your doctor must carefully examine your needs and treatment plans to ensure you qualify.
If you are prescribed medical cannabis, you can pick up your products at a local pharmacy.
Is Telemedicine Allowed for Medical Cannabis Consultations In Gibraltar?
There is no specific guidance about whether telemedicine is allowed for medical cannabis consultations in Gibraltar. While telemedicine is used in Gibraltar, it may not be appropriate in all circumstances.
For instance, people who need medical cannabis likely have complex medical and other needs and may require in-person appointments.
You may be able to use telemedicine if you have previously had in-person appointments. Talking to your doctor or medical clinic about this matter is best.
Are There Any Employment Laws Protecting Medical Cannabis Cardholders in Gibraltar?
There are no specific employment laws protecting those who have been prescribed medical cannabis in Gibraltar. People with medical conditions like severe multiple sclerosis will often not be able to work.
However, this issue may apply to some. If you are concerned about how medical cannabis may affect your work, it is best to speak to your healthcare provider.
They may be able to give you advice about what duties you are or are not able to do while using your medicinal cannabis product.
What Are the Medical Cannabis Product Testing Requirements in Gibraltar?
The Gibraltar Health Authority is responsible for regulating medical cannabis products. They must deem products “safe and effective” before they are approved.
This means that a significant amount of research or testing must be done on pharmaceuticals.
The authority also consults with doctors and other medical professionals before they approve the product. They have expressly forbidden the smoking of medical cannabis due to evidence of side effects and health outcomes.
Is It Legal to Grow Cannabis in Gibraltar?
No, it is not legal for individuals to grow cannabis, either for medical or recreational purposes. The cultivation of marijuana is punishable under the Crimes Act (2011).
The only legal way to grow cannabis is commercially for medical purposes. Companies must apply for a license to do so, and this process is strictly regulated under the Medicinal Cannabis Act (2021).
Where Is It Safe to Purchase Cannabis in Gibraltar?
Generally, it is not safe to purchase cannabis in Gibraltar. Buying recreational cannabis is illegal, and you can be charged. Additionally, recreational cannabis can only be purchased through the illegal trade, where you can never be sure of the quality and strength of the product.
The only way to obtain cannabis legally is by getting medical cannabis with a prescription. There are many restrictions on medical cannabis. For instance, it is limited to a few conditions and cannot be smoked.
Where Is It Safe to Consume Marijuana in Gibraltar?
It is not safe to consume recreational cannabis in Gibraltar. Possession and use of cannabis are criminal offenses. Because of the trafficking issues in Gibraltar, drug-related crimes are taken seriously.
In terms of medical cannabis, it is best to use products on your private property. Significantly, you cannot smoke medical cannabis products — this is illegal, and the products are not designed for this use.