Is Marijuana Legal in the Falkland Islands?

Marijuana is not legal in the Falkland Islands and is considered a Class B drug, with potential penalties for possession reaching five years of imprisonment. However, as of 2022, residents can now legally obtain CBD.

Medical Marijuana Laws in the Falkland Islands

The Falkland Islands, located 400 miles from South America’s southeast coast, is a United Kingdom territory but operates as a sovereign nation.

Unlike the UK, with legalized medical marijuana, the Falkland Islands government considers cannabis use a punishable offense. All forms of cannabis use, personal or medical, is banned across this tiny multi-island territory.

Misuse of Drugs Ordinance 1987

The Falkland Islands began regulating cannabis and other psychoactive substances through its Misuse of Drugs Ordinance 1987. This ordinance strictly prohibits the importation and exportation of controlled drugs.

It also restricts production and supply, possession, and cultivation. However, the law makes certain exemptions that theoretically allow authorized medical professionals to import, research, and prescribe controlled substances, including cannabis.

Section 7 indicates the Falkland Islands Governor may stipulate that certain activities related to controlled drugs are lawful if they are done under a license issued by the Governor or the Chief Medical Officer and in compliance with any attached conditions.

The Governor can declare that certain professionals, like doctors, veterinary practitioners, veterinary surgeons, and others, can prescribe, administer, manufacture, compound, or supply controlled drugs without it being considered an offense.

Similarly, certain professionals can possess controlled drugs for professional purposes.

Despite these allowances, there is no evidence of medical professionals seeking or obtaining permission to prescribe cannabis to patients in the country.

Misuse of Drugs (Designation) Order 1989

The Misuse of Drugs Ordinance 1987 is the primary legislation in the Falkland Islands that regulates the possession, supply, production, and import or export of controlled drugs.

The Misuse of Drugs (Designation) Order 1989 is a statutory instrument from the UK that designates the specific controlled drugs eligible for medical licensing as outlined in section 7 of the ordinance.

These controlled drugs include cannabis, cannabis resin, coca leaves, psilocin, and raw opium, among others.

What to Know About About Medical Cannabis in the Falkland Islands

The Falkland Islands does not distinguish between recreational marijuana and medical cannabis use. Thus, patients seeking suppliers or looking to cultivate medicine at home do not have legal options.

The current law penalizes marijuana importation, exportation, supply, and possession, regardless of the purpose.

Penalties

Cannabis is a Class B schedule controlled drug under the Falkland Islands’ Misuse of Drugs Ordinance 1987. Violators face the following penalties:

• Importation and Exportation: Offenders caught importing or exporting Class B drugs typically face 14 years imprisonment and a level 10 fine on the standard scale of fines, up to £125,000. However, the government minimized these penalties for cannabis infractions to seven years, and a level eight fine in the standard scale, or £25,000
• Production and Supply: Offenders caught supplying or producing Class B drugs also face 14 years imprisonment and a level 10 fine, unless the drug is cannabis. Cannabis producers and suppliers face a reduced maximum term of seven years.
• Possession: Falkland Islands residents caught possessing cannabis face the same prison term as all other class B drugs, up to five years.  However, the penalty potential reduces from 10 to eight for cannabis possession.
• Permission: The Falkland Islands also punishes occupants or premises managers who knowingly permit illegal drug use and possession on site. These offenders can spend 14 years in jail.

Cannabidiol (CBD)

The Falkland Islands does not have a medical marijuana program like the UK. But in 2022, the Executive Council of the Falkland Islands granted approval to legalize certain CBD products within the region.

Previously, the Misuse of Drugs Ordinance 1987 considered CBD illicit because it occurs alongside THC in cannabis products and plants.

However, the new law grants an exception for CBD products that contain no more than 1 milligram of THC per component part of the product.

This means Falkland Islands individuals can:

• Import, possess, and use CBD products
• Sell to one another

The exemption also allows retailers to stock and sell CBD products, provided they’re in original packaging and clearly labeled with the contents in either English, Spanish, or both.

Can You Grow Cannabis in the Falkland Islands?

Section 6 of the Misuse of Drugs Ordinance 1987 bans cannabis plant cultivation for personal or medical purposes except in cases authorized by the Governor or Minister of Health. This law applies to “any plant of the genus Cannabis,” which includes hemp.

The penalty for growing cannabis flower is up to seven years imprisonment and a fine of level 8 on the standard scale.

The Bottom Line

The Falkland Islands strictly prohibits the use, possession, cultivation, and supply of cannabis for recreational and medical purposes.

The Misuse of Drugs Ordinance 1987 serves as the primary legislation governing controlled substances in the territory, designating cannabis as a Class B drug with severe penalties for offenders.

The Falkland Islands does not legally recognize medical marijuana, and patients have no provisions to access or cultivate cannabis.

However, the 2022 CBD ruling now allows people to access this cannabis-derived compound for personal or therapeutic purposes.

This change represents a small step towards cannabis reform, but the Falkland Islands’ stance on marijuana generally remains strict and non-permissive.