Cannabis Freedom Index

Changelog d147d97

Extend Macau history and correct cannabis penalty tiers

7 history entries added3 history entries edited1 country profile edited3 articles written1 article edited1 file of code, design or docs +675 −148 lines

History changes.yaml

Added 7

Edited 3

Macau gives personal possession a fine-only alternative to prison

date

1991-01-28

category

othereasing

title

Macau publishesgives personal possession a new drugfine-control decreeonly alternative to prison

description

Decree-Law 5/91/M replaced earlierMacau’s 1991 replacement drug legislation and listed cannabis leaves, flowering or fruiting tops, resin and oil in Table I-C. Article 23law punished unauthorisedpersonal acquisition or possession for personal use, outside Article 11, with up to three months in prison or a 500–10,000 pataca fine; a separate therapeutic, replacing the old six-purpose limb providedmonth prison term accompanied by a fine. The law also provided[@1,2] Possession for therapeutic purposes had a separate fine-only penalty, and people dependent on drugs could receive treatment-related measures. This entry uses publication[@1] The law listed cannabis, not an independently established commencement,resin and does not claim Macau first prohibited cannabisoil; its personal-use approach continued in 1991the 2009 replacement before penalties rose in 2017.[@1,3,4]

related

macau-drug-use-term-1969, macau-drug-law-2009

sources

Decree 49066 — amendment of Macau drug penalties Law 17/2009 — original drug offences and penalties Law 10/2016 — higher drug penalties and personal-use quantities 1 unchanged

tags

sentencing, treatment, patients

before

possession 1 · cultivation 1 · enforcement 2 · sharing 0 · consumption 0 · access 0

Macau keeps personal-use penalties and sets a daily drug reference table

date

2009-0809-1009

tags

thresholds, sentencing, home-growing

title

Macau publishes Law 17/2009 replacing its drugkeeps personal-control frameworkuse penalties and sets a daily drug reference table

description

Law 17/Macau’s replacement drug law took effect on 9 September 2009 replaced Decree-Law 5/91/M and retained cannabis, resin and oil in Table I-C. Its original Article 14 punishedkeeping illicit useconsumption and specified personal-use activitiesacts, including cultivationgrowing and possession, withpunishable by up to three months in prison or a fine of up to sixty daysday-rates. Article 11 separately provided a[@1] A lesser production/ and trafficking tier carried one to five years, assessed using circumstances and used daily reference quantities as a factor. The five -times threshold was not a legal possession allowancelisted daily reference quantity. This entry uses gazette publication[@1] It replaced the 1991 law; Article 42 delayed commencement by thirty daysthe 2016 amendment later raised personal-use penalties and extended the quantity rule.[@1,2]

sources

Law 10/2016 — higher drug penalties and personal-use quantities 1 unchanged

Macau raises personal-use penalties and exposes larger stocks to prison

date

20162017-1201-2827

tags

thresholds, sentencing, home-growing

title

Macau publishes higherraises personal-use penalties and a quantity-based charging ruleexposes larger stocks to prison

description

Law 10/2016 increasedMacau raised the personal-use offencepenalty on 27 January 2017 from a maximumup to three-month months in prison term to three months–one year, with an alternative fine of sixty–240 -day fine-rates. It also directed cases exceeding[@1,2] Stocks above five times the listed daily reference quantity to Articles 7, 8 or 11, as applicable, including quantities wholly intended, even entirely for personal use, fell under production, trafficking or the lesser one-to-five-year tier, depending on the case. General unauthorised[@1,2] Ordinary production and trafficking minima rose from three to five years. This entry uses publication; these provisions operated thirty days later, whilein 2022 the law's separate schedule amendment had an earlier commencementtop court used the lesser tier for two people growing one plant. No lawful personal-possession allowance was created.[@1,2,3]

related

macau-drug-law-2009, macau-single-plant-sentences-2022

sources

Court of Final Appeal — lesser production offence for a single cannabis plant 2 unchanged

Countries and states 1 file

Macau countries/mo.yaml

medical

nonelimited

summary

Using cannabis, or holding or growing it for one's ownCannabis use, is a crime punishable bypersonal possession and home growing carry three months to a year in prison or a fine. Above five times a daily reference quantity the same acts are treated asLarger personal stocks can trigger production or trafficking penalties, with five including a lesser one-to fifteen years,-five-year tier. Medicines require official authorisation and handing cannabis to someone else counts as trafficking toocontrolled prescribing.

segments › possession › text

Under Article 14 of Law 17/2009, as amended in 2016, acquiringPersonal acquisition or holding cannabis for one's exclusive personal use is punished withpossession carries three months to one year in prison or a fine of 60 to –240 day-rates. If the amount exceedsAbove five times the daily reference quantity set in the law's annexquantities, theproduction or trafficking provisionsrules apply instead, including a lesser one-to-five-year tier. The herbal cannabis reference is 1 g per day; possession below five grams is still an offence.[@law]

segments › possession › sources

l10law

segments › cultivation › text

Growing cannabis for one's ownpersonal use falls under the same article, withcarries three months to aone year in prison or a fine. Unauthorised cultivation outside that case is production, punished with fivelarger quantities subject to fifteenproduction rules.[@law] In 2022 the top court applied the lesser production tier to two first offenders growing one plant; their combined sentences were one year nine months and two years.[@c22]

segments › cultivation › sources

l10law, c22

segments › enforcement › text

ConsumptionPersonal use and personal possession are crimes that reach the courts,criminal offences with prison or a fine available. Since 2016 personal-use amounts aboveOrdinary production and trafficking carry five timesto fifteen years; lesser cases carry one to five years, assessed using the reference quantity are no longer treated as consumption but underand circumstances.[@law] In 2022 the much heavier trafficking provisionstop court reduced two growers’ sentences even though their plant exceeded the five-day reference quantity.[@c22]

segments › enforcement › sources

l10law, c22

segments › sharing › text

OfferingGiving, selling, distributing or handing over cannabis to another person (ceder), outside one's own consumption, isfalls under the trafficking, punished with rules: ordinarily five to fifteen years, or one to five years in prisonlesser cases.[@law] The top court has treated supplying cannabis to others as trafficking even when they shared its purchase cost.[@c04]

segments › sharing › sources

l10law, c04

segments › consumption › text

Consuming cannabis is a crime inIllicit consumption itself, punished with carries three months to one year in prison or a fine of 60–240 day-rates.[@law]

segments › consumption › sources

l10law

segments › access › text

No legal sourceAdult-use supply is prohibited under the trafficking rules. Production[@law] Lawful medical supply depends on official authorisations, tradepharmacy or hospital dispensing and possession are allowed only with authorisation, and no medical cannabis programme existsspecial prescriptions.[@med]

segments › access › sources

l10law, med

context › production › text

None. Unauthorised production ordinarily carries five to fifteen years, with a lesser one-to-five-year tier.[@law] Licensed chemical and pharmaceutical businesses can seek authorisation to manufacture controlled medicines; the lawful-drug rules separately prohibit cultivating scheduled plants.[@med]

context › production › sources

l10law, med

context › products › text

No legalCannabis leaves and flowering or fruiting tops, resin and oil are listed in Table I-C. The quantity table distinguishes herbal cannabis from resin and oil, with potency adjustments for the latter products.[@law] HHC was added to Table II-B in August 2026.[@hhc]

context › products › sources

l10law, hhc

context › medical › text

NoThere is a limited licensed-medicine route: the lawful-drug rules cover medical manufacture of scheduled substances, including the cannabis programmetable, and supply through pharmacies or hospitals on special prescriptions. Controlled substances may be used only with official authorisationCultivation of scheduled plants remains prohibited.[@med]

context › medical › sources

l10med

context › consequences › text

The 2016 amendment set the current penalty for consumption and ties the line between use and trafficking to a table of daily reference quantities, so thatSince January 2017 larger personal stocks are judged ascan be charged under production or trafficking rules.[@l16] The five-day reference quantity does not exclude the lesser tier: in 2022 the top court reduced two growers’ combined sentences from five years nine months each to one year nine months and two years.[@c22]

context › consequences › sources

l10l16, c22

context › clubs › text

NoSupplying other people with cannabis clubs are known. Handing cannabis to another person is punishable under the trafficking rules, including gifts.[@law] The top court has also treated cost-sharing supply as trafficking.[@c04]

context › clubs › sources

l10law, c04

context › visitors › text

There is no legal supplyUnauthorised cannabis imports fall under the trafficking rules.[@law] The traveller exception for anyoneup to thirty days of certain controlled medicines omits Table I-C, and importingwhich contains cannabis is trafficking under Article 8, resin and oil.[@med]

context › visitors › sources

l10law, med

sources

Law 17/2009 — consolidated drug offences and schedules Decree-Law 34/99/M — consolidated lawful controlled-drug rules Law 10/2016 — higher drug penalties and personal-use quantities Court of Final Appeal — lesser production offence for a single cannabis plant Court of Final Appeal — cannabis supplied to others and shared costs Law 12/2026 — HHC and other additions to controlled-drug schedules Macau Law 10/2016 amending Law 17/2009 on illicit production, trafficking and consumption of narcotics (28 December 2016), as notified to the WTO

Articles and atlas entries 4

macau-personal-use-penalties-2016 articles/macau-personal-use-penalties-2016.md

text

Macau published a substantial tightening of its drug law on 28 December 2016. Law 10/2016 raised penaltiesincreased the punishment for personal-cannabis use conduct and made quantity central personal possession on 27 January 2017. The prison range became three months to deciding whether such conduct remained within theone year, with a fine still available, and larger personal-use offence stocks could bring the much heavier production or trafficking penalties.[@1] ## The amendment operated withinearlier law allowed a shorter term Under the [2009 frameworkdrug law](/history/macau-drug-law-2009/). Cannabis was already controlled; this was a change in consequences and legal classification. ## A higher personal-use penalty The original Article 14 punished, illicit consumption and specified acts done solely exclusively for personal use, including cultivation, preparation, acquisitiongrowing and possession. It provided, carried up to three months in prison or a fine of up to sixty days day-rates. The replacement provision set imprisonmentlaw also had separate ordinary and lesser production and trafficking offences.[@2] The amendment was published in December 2016. Its main penalty changes took effect thirty days later, in January 2017; a separate change to the controlled-drug schedules took effect the day after publication.[@1] ## Personal-use penalties rose For consumption and the listed personal-use acts, the new prison range started at three months toand reached one year, with an. The alternative fine ofbecame sixty to 240 daysday-rates. A day-rate fine expressed in days is a legal calculated through the sentencing measuresystem, not that number of days in prison orrather than being a fixed cash amounttariff for everyone. The amended offence therefore preserved[@1] Ordinary unauthorised production and trafficking also became more severely punished: the minimum rose from three years to five, with the maximum remaining fifteen years.[@1,2] These changes affected people using cannabis as well as people supplying it. A person caught with a distinct personal-use category while increasing its statutory punishment stock faced a higher basic penalty and, depending on the amount, a different set of offences.[@1] ## QuantityA personal stock could change the applicable offence New paragraphscross into production or trafficking The amended law directed conduct involving more than five times a listed daily reference quantity to the production, trafficking or lesser-gravity provisionsrules, as applicableappropriate. The calculation includedcounted quantities intended entirely for personal use, as well as quantitiesa stock divided between personal use and other unlawful endssupply. This means that[@1] For someone keeping a supply at home, proving personal intention alonethat it was all for themselves therefore did not necessarily keep a case within Article 14. It also means that crossingguarantee treatment under the reference quantity should not be described as automatically producing one identicalbasic personal-use offence. The lesser production and trafficking sentence: the amendment expressly referred to Articles 7tier, 8 or 11 accordingcarrying one to five years, remained among the caseavailable outcomes.[@1,2] ## Five reference quantities were never permission The original 2009 law already used five timesA later court case showed the daily reference quantity when assessing the lesser tier mattered In [2022, the top court reviewed a single-gravity productionplant case](/history/macau-single-plant-sentences-2022/). Its leaves and trafficking categoryflowers weighed 37. The amendment gave that comparison a further role in208 grams, above the treatment of personalfive-use conductday reference quantity. Neither version created a lawful allowance to possess Two first offenders had initially received combined sentences of five days' supplyyears nine months each. The personal-use offence continued below[@3] After considering the threshold. General unauthorised production plant and trafficking penalties also changedthe circumstances, with the ordinary minimum rising from three to five years whilecourt applied the fifteen-year maximum remainedlesser production tier. ## Publication Their combined sentences fell to one year nine months and operation Article 4 delayed most of the amendment's operation until thirty days after publication. Its separate schedule amendment wastwo years, both to operate the following daybe served in custody.[@3] The event records publicationdistinction between the ordinary and distinguishes these two commencement rules. Forlesser tiers remains central to the penalties set out in [Macau'’s historycurrent profile](/country/mo/), the change shows how a legislature can retain a personal-use offence while increasing both its punishment and the circumstances in which more serious offence provisions apply.

sources

Court of Final Appeal — lesser production offence for a single cannabis plant 2 unchanged

Code, design and documents 1 file

docs/research/history-macau-gap-2026-10-24.md +42 −0
@@ -0,0 +1,42 @@
+# Macau history and profile audit — 24 October 2026
+
+## Result and scope
+
+Seven new events cover the 1962 consolidation, 1969 penalty reduction, 1999 lawful-drug rules, 2004 cost-sharing supply decision, 2022 single-plant sentencing decision, 2024 linked growing/selling decision and 2026 HHC scheduling. Three existing events were revised. Three articles were added (1991, 2022, 2024) and the 2016 amendment article rewritten. All four have 350–500 words, four headings, country/history links and inline citations. Tags were checked against the repository vocabulary.
+
+The current six numeric scores remain 1/1/2/0/0/0, exact total 9. The newly scored 1991 fine alternative gives enforcement 2 → 3, followed by 3 → 2 at the January 2017 tightening. The first-restriction estimate remains: none of these sources establishes the first cannabis restriction. The score chain is internally coherent, but the estimated original drop still bundles historical restrictions that need earlier primary-source reconstruction.
+
+The profile's medical category changes from none to limited on the explicit lawful-medicine licensing and prescription rules, covering the cannabis schedule. This is a correction to the legal classification, not a newly operating patient programme. Access remains 0: no operating patient product or dispensing route was verified. The rules already had medical exceptions in 1962, so 1999 is classified other, a consolidation of licensing/supply rules, rather than a new medical legalisation. General authorisation language alone would be insufficient; the 1999 law expressly covers Tables I–IV and names I-C in its manufacture provisions, with pharmacy/hospital supply and special prescriptions. Its prohibition on cultivating scheduled plants remains.
+
+## Sources actually reviewed
+
+Research downloads, OCR, page images and scripts are retained in `tmp/history-macau-gap-2026-10-24/`. Scanned documents were read through macOS Vision OCR and key clauses checked against page images. This is selective legal research, not a claim to have read every form or every page of every judgment.
+
+- **1962:** UN E/NL.1964/29 English translation of Decree 44763. Read scope, authorised trade/medical dispensing, Articles 25–30 penalties and cannabis annex. Portuguese official decree landing page also checked. The preamble consolidates older Macau enactments; their originals were not retrieved. The entry uses 4 December 1962 Lisbon publication and says Portugal published the decree. Macau local publication/commencement remains unverified.
+- **1965:** original decree scan downloaded through official `dre.pt/application/file/294989`. Read relevant scope, medical rules, Article 31 and replacement context. Visually checked printed p. 789 (PDF p. 3): six months–one year **and** a fine; treatment exception. Lisbon publication is 8 June 1965; the 1991 revocation calls the decree 26 June, possibly the local publication. These dates are not silently equated.
+- **1969:** original official two-page scan, printed pp. 691–692, read and p. 692 visually checked. Promulgation 4 June differs from Lisbon publication 19 June. Replacement Article 31 says a **fixed six months**, not “up to six months”; a fine remains additional. Article 2 says immediate operation and orders Macau publication, whose date was not recovered. Entry explicitly describes publication. Monetary denomination left out of the public comparison to avoid importing the UN translation's escudo label into the later local tariff.
+- **1991:** original bilingual gazette, decree starts within PDF p. 1. Read preamble, Articles 23–26 and 43, cannabis schedule; visually checked printed p. 253 (PDF p. 6). Personal possession: up to three months **or** 500–10,000 patacas; therapeutic purpose 250–5,000; conditional treatment and confidentiality. No express commencement clause was located for this decree. The January 1 clause at the top of PDF p. 1 belongs to the preceding enactment and must not be used. The revised event uses **1991** only; publication was 28 January. Exact first operative day remains open; annual score placement reflects the verified year of the replacement.
+- **1999:** original bilingual gazette PDF has 105 pages. First 28 pages rendered and OCR read, especially Articles 1, 9–10, 19–20, 37–38 and 74. Pages 29–105 (supporting forms) were not reviewed. PDF p. 1 and p. 9 visually checked. Article 74 starts operation on the first day of the next month: 19 July publication → **1 August 1999**. Article 20 includes manufacture for medical purposes, Article 19 prohibits cultivation. Traveller exception lists I-A, II-B, II-C, III and IV, omitting cannabis I-C. Current amended HTML was separately read in Windows-1252; agency names in the 2025 republication were not backdated to 1999.
+- **2009:** original text, Articles 7–8, 11, 14, 42 and schedules. Publication 10 August; thirty-day delay → **9 September 2009**. Ordinary production/supply originally 3–15 years, lesser tier 1–5; personal use up to three months or sixty fine day-rates.
+- **2016:** original bilingual text, replacement Articles 7, 8, 14 and commencement Article 4. Publication 28 December; principal provisions thirty days later → **27 January 2017**. Separate Article 2 schedule amendment operated the day after publication. The event ID is retained for existing links. Personal-use quantities above five daily references explicitly point to Articles 7, 8 **or 11**. It is wrong to say every such case automatically carries a five-year minimum.
+- **Current consolidated law:** read Articles 5, 7–8, 11, 14, Table I-C and daily-reference annex. Herbal cannabis reference 1 g/day uses net herbal weight; resin/oil reference amounts have potency assumptions and adjustments. No unqualified gross resin threshold is published in the revised profile.
+- **2004 case 35/2004, 13 October:** read summary and concluding reasoning pp. 16–20, with facts. Cost-sharing does not remove supply from trafficking. Its old three-day six-to-eight-gram cannabis reference belongs to the lesser tier under the old law, not a lawful allowance and not the modern five-day table. The published event avoids an unnecessary aggregate including seed-weight dispute.
+- **2022 case 79/2022, 4 November:** full relevant facts, net-weight reasoning, lesser-production decision, sentencing and final orders read in court HTML. C and D were first offenders; one 85 cm plant had 37.208 g of leaves/flowers. Production components reduced to 1y6 and 1y9; combined use/equipment totals **1y9 and 2y**, with suspension refused. D's successful argument benefited C as well; this is not described as success on every ground of both appeals. Quantity above the reference does not exclude Article 11.
+- **2024 case 107/2023:** original 57-page judgment, facts and final reasoning pp. 46–57 read, with official court-office report. Actual decision **8 May 2024**; 18 October was the report date. Linked production/supply under one continuing plan was treated as one drug offence. Trial combined 12 years → intermediate 9y3 → top court rejected prosecution and defendant appeals, leaving 9y3. This is not a blanket rule merging every growing and selling act; time/plan connection matters. Confession was not treated as strongly mitigating after being caught in the act; prior gambling suspension and operational scale were considered.
+- **2026 Law 12/2026:** current consolidation's amendment link followed to official full text. Publication **17 August**, next-day commencement **18 August**; HHC added to II-B. Other drug additions and new quantity annex do not create a cannabis-specific numerical score change. The HHC reference amount was not needed for the public entry.
+
+## Leads read but omitted
+
+The 2018 case 605/2018 includes defence submissions about medical cannabis; these are not court-endorsed health findings. Its actual outcome concerned a defective judgment and remand. No medical-benefit claims were derived from submissions.
+
+The official 19 April 2023 report of case 77/2022 describes cannabis/oil ordered online, mixed personal/sale quantities, and a combined six-year-two-month sentence. The exact judgment date was not recovered, so no additional judgment-date event was invented. Report and download remain for follow-up.
+
+The first restriction still needs the earlier local originals named in the 1962/1965 consolidations. The 1991 day of commencement and the local colonial publication dates remain open. No precise continuous “years under prohibition” claim is newly established by this batch.
+
+## Verification and ownership
+
+`verify.mjs` checks unique IDs, categories/tags, title lengths, inline reference coverage, related links, article word counts/headings and country citation keys. It preserves all pre-existing score vectors except the intentional 1991 addition, and checks unchanged current scores and the limited medical classification. `data-status.cjs chain mo` reports no flagged steps: estimated 100 → 9, 1991 9 → 11, 2017 11 → 9.
+
+A production build and rendered checks cover all ten event pages, four articles, country citation scopes, tag pages, clean exports and profile API. The final build result and cleanup are recorded below after execution. Only Macau's profile, the ten own history objects, four article files and this memo are eligible for the commit. A private index and compare-and-swap HEAD update preserve concurrent work; `source-archive.json` is excluded throughout.
+
+Final verification: production build succeeded with **3,944 pages**. Rendered checks passed **106 citation links**, all event/article reference scopes, tag pages, source-free citation markers in exports, profile API date 2026-10-24, exact score 9 and medical classification Limited. All four articles passed word-count, heading, citation and link checks; `git diff --check` passed. The owned temporary `site/` build was deleted after verification; research files and logs were retained.

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