Cannabis Freedom Index

Changelog b22d7fd

Extend Hong Kong history with drug-law reforms and cannabis sentencing

9 history entries added3 history entries edited1 country profile edited4 articles written1 file of code, design or docs +813 −99 lines

History changes.yaml

Added 9

Edited 3

Hong Kong replaces its drug law and keeps cannabis prohibition

title

Hong Kong adopts a replacement Dangerous Drugs Ordinancereplaces its drug law and keeps cannabis prohibition

description

Ordinance No. 41Hong Kong’s replacement drug law received assent on 7 November 1968, replacing the existing drug ordinance. It distinguishedseparating possession for trafficking from otherordinary possession and consumption.[@1,2] It retained cannabis controls and resin in the controlled schedule, and separately prohibited cannabis-plant cultivation and dealing. The original section 8 carried a three-year prison maximum and HK$10,000 fine in cannabis plants; section 9 providedordinary possession and use carried up to fifteenthree years and HK$10010,000 on indictmentunder the original text. This is assent, not commencement: section [@1] The ordinance required a separatelater gazette appointmentnotice to appoint its start date. It was not Hong Kong's first cannabis control.[@1]

related

hong-kong-indian-hemp-amendment-1928, hong-kong-cannabis-definition-1978, hong-kong-drug-rights-penalties-1992

tags

home-growing, trafficking, sentencing

Hong Kong's legislature passes a broader cannabis definition

description

The Legislative CouncilLawmakers passed the Dangerous Drugs amendment without committee changes. The government's introduction explained that the newa broader cannabis definition would addressintended to cover the whole plant and synthetic active ingredients, following prosecutionafter prosecutors encountered difficulties underwith the earlier definitionwording.[@1,2] The billgovernment also increasedproposed higher penalties for unlawful transit of dangerous drugs.[@1] The 21 June entry usesrecords the legislative passage, not a separately verified assent or commencement datevote; it does not treat the minister's account as evidence of a sudden increase in cannabis usebill passed without committee changes.[@2]

related

hong-kong-dangerous-drugs-ordinance-1968, hong-kong-youth-cannabis-campaign-1987

tags

court, trafficking

Hong Kong brings CBD under dangerous-drug controls

tags

cbd, retail, sentencing

description

Cannabidiol entered the Dangerous Drugs Ordinance's controlled regime, extending its restrictions to CBD and products containing it. The government's commencement announcement specified maximum penalties of entered dangerous-drug controls on 1 February 2023, exposing unlawful possession or consumption to up to seven years and HK$1 million for unlawful possession or consumption, and trafficking or illicit manufacture to life imprisonment and HK$5 million for trafficking or illicit manufacture. These were statutory maxima[@1] Before the change, not mandatory sentencesauthorities collected about 77,400 CBD items for disposal, mainly skincare, edible oils and supplements. The Police Force's subsequent guidance confirms the [@1 February date. This records the] CBD extension without implying thatitself had remained outside dangerous-drug controls when the government warned sellers about THC cannabis first became controlled in 20232021.[@2]

related

hong-kong-dangerous-drugs-ordinance-1968, hong-kong-cannabis-definition-1978, hong-kong-cbd-prescription-medicines-2019, hong-kong-cbd-thc-warning-2021, hong-kong-first-cbd-prison-sentence-2023

sources

Hong Kong Government — CBD sellers warned about THC, 30 November 2021 Hong Kong Police Force — Types of Drugs, THC and CBD legal-status section 1 unchanged

Countries and states 1 file

Hong Kong countries/hk.yaml

summary

Possessing or consuming cannabis carriesPossession and use carry up to seven years in prison, and trafficking up to life. First offenders with; very small amounts are usually finedfirst-offence personal-use cases may receive a fine, put on probation or given community service, while repeat offenders are sent. Growing cannabis carries up to drug treatment centresfifteen years. Since February 2023 even CBD has also been a dangerous drugcontrolled since February 2023.

segments › possession › text

Possession of a dangerous drug, cannabis included, carries up to seven years in prison and a HK$1 million fine on indictment, or three years and HK$100,000 on summary conviction. For very small amountsquantities clearly for personal use, courts often consider fines, probation or community service, especially for first offenders.[@clic]

segments › cultivation › text

CultivatingGrowing any cannabis plant carries up to 15fifteen years in prison and a HK$100,000 fine.[@hkpf] Manufacturing a dangerous drug is a separate offenceThe 2023 court guidelines use estimated annual yield, with up to life imprisonmentthe grower’s role, scale of operation and a HK$other circumstances affecting sentence; under 5 million finekg falls below two years, while above 150 kg falls above ten years.[@hkpfguidelines] There is no lawful home growing.

segments › cultivation › sources

hkpf, guidelines

segments › enforcement › text

RepeatCourts generally consider a treatment-suitability report before custody; for very small personal-use amounts, first offenders are oftenmay receive non-custodial sentences, while repeat offenders may be sent to a Drug Addiction Treatment Centre.[@clic] In 2000, and before any custodial sentence the court must consideran appeal reduced a report on suitabilityrepeat offender’s sentence for treatment1. Arrests for drug offences rose 27% in 2025,18 g of cannabis from six months to two.[@phung] Drug arrests across all substances reached 4,108 in 2025; among those under 21 they rose 90%, with etomidate, cannabis and cocaine the main drugs. Thereported conviction rate for drug prosecutions was 86%.[@nd25]

segments › enforcement › sources

clic, phung, nd25

segments › sharing › text

Supplying drugs is trafficking, withTrafficking includes giving away any amount and carries up to life imprisonment and a HK$5 million fine. More than half of young offenders jailed for trafficking in 2025 received over five years[@hkpf] Since January 2023, herbal cannabis and resin follow the government says youth is notsame trafficking sentencing scale, beginning with a mitigating factorband of up to sixteen months for under 2 kg, with individual circumstances affecting the result.[@guidelines]

segments › sharing › sources

hlhkpf, nd25guidelines

segments › consumption › text

ConsumingSmoking, inhaling, ingesting or injecting a dangerous drug is an offence in itself, with the same maximum ofcarrying up to seven years as possessionand HK$1 million. In July 2023 a woman found with two bottles of[@hkpf] CBD care products, along with ketamine and syringes, was jailed for two months, the first prison sentencecame under the CBD banthose controls on 1 February 2023.[@cbdcontrol]

segments › consumption › sources

hlhkpf, voacbdcontrol

segments › access › text

No legal source. Exemptions exist only under licences fromPossession and use must comply with the ordinance or a licence granted by the Director of Health. Cannabis and for authorised persons such as registered medical practitioners; there is no medical cannabis programmeresin are excluded from the ordinary professional and pharmacy authorities in sections 22 and 24.[@law]

segments › access › sources

hllaw

context › production › text

There is no licensed production. Manufacturing a dangerous drug carries up to life imprisonment and a HK$5 million fine.[@hkpf] Growing Cultivating a cannabis plant is not thata separate offence: the police list it separately, at carrying up to 15fifteen years and a HK$100,000 fine.[@hkpf]

context › products › text

None. From 1 February 2023 CBD became a dangerous drug, and products containing it, from foodincluding skincare, edible oils and supplements to cosmetics, became illegalsubject to sell, possess or importdangerous-drug controls in February 2023. Customs made its first arrest[@cbdcontrol] In July, a week latertraveller was jailed for two months overall on CBD-possession, overketamine-possession and injection-equipment counts; two personal-care bottles contained about 5 g of CBD oil from Denmark.[@cbdcase]

context › products › sources

hlcbdcontrol, cbdcase

context › medical › text

No medicalCannabis and cannabis programmeresin are excluded from the ordinary professional and pharmacy authorities in the ordinance. Use of controlled substances is limited[@law] CBD pharmaceutical products have been subject to authorised persons and licences granted byprescription-only controls since December 2019; the Director of Healthgovernment reported no registered CBD medicine in October 2022.[@cbdbrief]

context › medical › sources

hllaw, cbdbrief

context › consequences › text

Cannabis isAmong people under 21 reported to the Central Registry of Drug Abuse in 2025, cannabis was the second most common drug amongcommonly reported abusers under 21,drug after etomidate. Reported drug abusers of all ages numberedThe registry recorded 5,077 in 2025people across all ages and drugs.[@nd25]

context › clubs › text

NoGiving away cannabis clubs are knownfalls within trafficking, which carries up to life imprisonment and HK$5 million. Any supplyGrowing cannabis is prosecuted as traffickingalso prohibited.[@hkpf]

context › clubs › sources

hlhkpf

context › visitors › text

There is no legal supply for anyone. Customs screens passengers, cargo and post forTravellers must not bring CBD, and the first person jailed under the or CBD ban was a travellerproducts into Hong Kong.[@cbdcontrol] A woman arriving from the United States in March 2023 was later jailed on CBD and ketamine possession and injection-equipment counts.[@cbdcase]

context › visitors › sources

hlcbdcontrol, voacbdcase

sources

Hong Kong Court of Appeal — HKSAR v Nguyen Thang Loi and Dang Hung Ngoc, 20 January 2023 Hong Kong High Court — HKSAR v Phung Hai, 17 February 2000 Hong Kong Government — CBD control takes effect on 1 February 2023 Hong Kong Information Services Department — passenger jailed for CBD possession, 7 July 2023 Hong Kong — Dangerous Drugs Ordinance, consolidation of 12 June 2026 Hong Kong Security Bureau — legislative brief on CBD controls, 20 October 2022 Hogan Lovells — Cannabidiol canned in Hong Kong, CBD now classified as a dangerous drug (15 February 2023) VOA — Hong Kong jails first person under CBD ban (8 July 2023) 3 unchanged

Articles and atlas entries 4

Code, design and documents 1 file

docs/research/history-hong-kong-gap-2026-10-23.md +156 −0
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+# Hong Kong: the gap after 1978
+
+Research date: 23 October 2026. Before this pass, Hong Kong had four history
+entries, with no event between the 1978 definition amendment and the 2023 CBD
+listing. This batch adds nine events, revises three existing descriptions and
+creates four articles. It expands the profile's sentencing account, corrects the
+description of the first CBD imprisonment and converts revised blocks to inline
+citations. Current scores and status classifications are preserved. All twelve profile text
+blocks now use inline citations.
+
+## Primary sources read
+
+- **Legislative Council, 3 June 1987**, printed pp. 1696–1697: written answer
+  announcing more cannabis/mandrax publicity and wider secondary-school talks.
+  The 600 talks and 200,000 pupils concern the whole first cycle of school talks,
+  not a cannabis-only programme. The event records an announcement, category
+  `debate`, not a new criminal rule or completed rollout of every proposal.
+- **Legislative Council, 26 February 1992**, relevant drug-amendment introduction
+  at PDF pp. 55–57: rights rulings, removal/narrowing of presumptions and proposed
+  possession penalties.
+- **Legislative Council, 24 June 1992**, relevant second-reading discussion at
+  PDF pp. 80–84, committee amendments at pp. 111–112 and third-reading passage
+  at p. 130. Read the government's original proposal, Professor Felice Lieh Mak's
+  committee account, the adopted changes to clauses 2 and 4 and final passage.
+  The summary-case fine rose to **HK$100,000**, rather than the government's
+  initial plan to retain HK$10,000. The indictment maximum became seven years
+  and HK$1 million; summary custody remained three years. Removing the separate
+  trafficking-intent possession section did not legalise possession for supply:
+  that conduct was moved into the trafficking definition.
+- **Legislative Council, 20 June 2001**, bilingual printed p. 199: an official
+  commencement table gives **26 June 1992** for the amendment. The table and
+  the penalty discussion at PDF p. 82 of the 1992 sitting were rendered and
+  visually checked. The original gazetted 1992 amendment was not recovered;
+  the entry combines final parliamentary proceedings with the government's
+  later commencement record. The 1994 sitting was downloaded as corroboration
+  but was not needed as a public source.
+- **R v Tuen Shui Ming and another**, 9 June 1995, full judgment read, especially
+  paragraphs 1–4 and 10–20. More than **51 kg**, not 5 kg: the judgment itself
+  discusses the original judge's mistaken wording. The two sentences were raised
+  from two years to four. Weight was the initial basis, with limited potency
+  adjustment; the lowest bands became one band below 2 kg. The court retained
+  different treatment for herbal cannabis, resin and oil and refused a wholesale
+  upward recasting of the tariff.
+- **HKSAR v Phung Hai**, 17 February 2000, full short judgment read: personal
+  possession of 1.18 g; two earlier drug convictions; six months reduced to two;
+  prosecution did not defend the original term. A single outcome does not
+  establish the typical sentence for all repeat offenders.
+- **HKSAR v Chor Lui**, 3 August 2001, full judgment read: two cigarettes,
+  0.24 g, HK$30 undercover purchase, previous convictions, commercial context,
+  mitigation, plea reduction and dismissed appeal. The four-month herbal
+  benchmark was an explanation of the then-current approach, not a statutory
+  maximum or a guarantee of leniency.
+- **HKSAR v Nguyen Thang Loi and Dang Hung Ngoc**, 20 January 2023: read case
+  facts and sentencing reasoning at paragraphs 1–29 and 94–109, with relevant
+  historical/submission passages. The full judgment was recovered, not merely
+  the official three-page summary. The Department of Justice summary was also
+  read in full and its cultivation table visually checked. The guideline bands
+  concern starting points and individual culpability; they are not mandatory
+  sentences, possession allowances or plant limits. Estimates for growing
+  operations concern annual production, not just the cannabis present on the day.
+- **Security Bureau legislative brief, 20 October 2022**, paragraphs 6–11:
+  CBD market, the government's contamination/conversion rationale, prescription
+  rules since **13 December 2019**, and absence of registered CBD pharmaceutical
+  products at the date of the brief. Chemical/medical statements are attributed
+  to the government's explanation, not adopted as independent efficacy findings.
+- **Government announcements, 30 November 2021 and 31 January 2023**, read in
+  full: THC prohibited regardless of concentration before CBD itself was listed;
+  1 February 2023 commencement; about 77,400 surrendered items by 29 January.
+- **Information Services Department, 7 July 2023**, read in full: first CBD-related
+  imprisonment, **two months overall for CBD, ketamine and equipment counts**.
+  The report supplies no separate CBD-only sentence. March 29 is arrival/arrest,
+  not the sentencing date.
+- **Hong Kong Police laws/penalties page**, **HKU CLIC possession sentencing
+  page**, and **17 March 2026 government statistics release**, read in full for
+  the revised profile blocks. The 4,108 arrests and 86% conviction rate cover
+  drugs generally, not cannabis alone. Registry reports are not a population
+  prevalence survey.
+
+## Retrieval and provenance
+
+HKLII judgment URLs initially return a JavaScript shell to a simple reader.
+The site's own application bundle documents its public `getjudgment` API;
+that returned the original judgment body and date for all four cases. Both raw
+JSON and extracted text are retained locally. Public citations point to the
+normal HKLII case pages. A vLex reproduction of the 1995 judgment was retrieved
+as a lead, then superseded by the HKLII original. Direct Judiciary retrieval
+timed out; it was not mistaken for a read source.
+
+LegCo downloads failed ordinary local certificate validation, then succeeded
+for these public documents using an unverified SSL context. Their domain,
+document titles, contents and relevant page images were checked. Browser
+search snippets were used as leads, not as substitutes for reading the PDFs.
+
+The same public API supplied the current ordinance consolidation dated 12 June
+2026. Read sections 4, 8, 9, 22, 24, 25 and 54A and the relevant First Schedule
+Part I entries. Section 22(6) excludes paragraphs 8–11 from ordinary professional
+and pharmacy authorities; paragraph 11 expressly lists cannabis and resin. The
+profile therefore replaces a broad professional-exemption description with the
+actual exclusion and licence requirement. The CBD pharmaceutical text is explicitly
+dated to the 2022 report; no operating 2026 patient programme is inferred from
+general controlled-medicine powers. The original current status flag is preserved
+pending specific patient-product/availability evidence. Legacy commentary and
+VOA references were replaced by read statutory and government sources.
+
+The API also exposes earlier ordinance versions, a useful lead for reconstructing
+treatment-report rules and the older score chain in a later pass. Only the sections
+and versions actually inspected in this batch are treated as read.
+
+Research files live under `tmp/history-hong-kong-gap-2026-10-23/`. No complete
+judgment or parliamentary scan was copied into public article assets.
+
+## Classification and score decisions
+
+- **1992: `other`**, because higher maxima and weaker prosecution presumptions
+  are a mixed reform. The explicit unscored reason preserves the criminal
+  possession/personal-enforcement segment levels; the sources do not establish
+  a new typical personal-use disposal deserving a whole-point movement.
+- **1995: `other`**, because the review combined full-weight sentencing, limited
+  low-potency adjustment and wider discretion in the lowest band. It doubled
+  these defendants' sentences but did not simply increase every cannabis tariff.
+- **2000 and 2001: `enforcement`**, individual sentencing outcomes under existing
+  rules; no general decriminalisation or new possession offence is claimed.
+- **2019: `medical`**, a CBD pharmaceutical classification, with an explicit
+  unscored reason. The brief reports no registered CBD medicine in October 2022
+  and establishes no operating THC-cannabis supply route. Current `medical: none`
+  and access zero are preserved; this entry does not imply a functioning patient
+  programme or certify availability in 2026.
+- **2021: `debate`**, a government warning about the existing THC rule while CBD
+  remained outside dangerous-drug controls; no CBD ban is backdated to it.
+- **January 2023: `tightening`**, ending the lower herbal trafficking scale and
+  setting cultivation bands. Sharing and cultivation are already zero; the
+  ordinary possession segment is not changed by these tariffs.
+- **July 2023: `enforcement`**, a combined-offence sentence, not a further legal
+  tightening or proof that every CBD possession case receives custody.
+
+All pre-existing history score vectors and current profile scores are unchanged.
+The old 1928 first step remains a coarse historical baseline requiring further
+penalty reconstruction; this pass does not claim to reconstruct every score
+between 1928 and today. The 1968 and 1978 dates remain verified assent and
+legislative passage respectively, rather than invented commencement dates.
+
+## Validation and isolation
+
+Article, source, category, tag, internal-link and score-preservation checks run
+before the production build. Rendered checks cover citation IDs/targets, source
+links, exports, tag pages and the Hong Kong API. Temporary build output is
+deleted after verification. A private Git index commits only this batch's
+history objects, profile, four articles and this memo; the unrelated staged and
+unstaged `source-archive.json` changes are excluded.
+
+Final verification on 24 October: production build passed with 3,936 pages;
+96 rendered citation links, tag targets, clean JSON/CSV exports and the Hong Kong
+API passed. Exact score remains 6.5 (displayed rounded as 7). All four articles
+passed at 357–416 words with four sections each. The HK profile HEAD matched the
+saved pre-edit baseline, confirming its changes are isolated. Concurrent Zambia
+research and other actors' committed entries are excluded from this batch.

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