Cannabis in Luxembourg

Cannabis in Luxembourg is legal for recreational and medical use for adults under specific circumstances. A bill was passed in the country's parliament June 2023 to legalise the following for adults in Luxembourg: recreational possession, home-use of cannabis, and growing up to four cannabis plants per household. The law took effect on 21 July 2023.[1][2][3]

Possession, consumption, transportation, and purchase of cannabis in public spaces remains prohibited. Prosecution depends on the amount of cannabis one possesses. Since 2001, prison penalty has been substituted by a monetary fine ranging from 25 to 500 euros.[4]

Decriminalization

In April 2001, Luxembourg updated its prior 1973 law, and reclassified cannabis as a Category B controlled substance, meriting only a fine for a first offense, effectively decriminalizing personal possession.[5][6]

Medical cannabis

In November 2017, the Minister of Health announced a two-year pilot program under which Luxembourgers would be able to obtain cannabis extracts and cannabinoids for medical purposes.[7][8]

In June 2018, lawmakers unanimously approved a bill to legalise the medical use of cannabis.[9][10]

Legalisation

In November 2018, the government announced that it would legalise the recreational use of cannabis, and an exact timetable had yet to be defined.[11] In October 2021, the government announced plans to legalise growing up to four cannabis plants per household for personal use,[12] however, the legalisation project had been delayed by the covid pandemic as early as mid-2020.[13] In April 2023, the government announced plans to issue two production licences to grow cannabis domestically and control the entire supply chain over 14 dispensaries across the country, however, given the complexity, the draft law would not be finalised before the October elections.[14] In June 2023, the Chamber of Deputies approved a bill that legalises growing up to four cannabis plants per domestic community and consuming cannabis at home for adults, while keeping small fines for public smoking and possession, transportation and purchase of up to three grams (⅒ oz).[15] The law took effect on July 21, 2023. There are plans to create a regulated market to produce and sell cannabis that would be state controlled.[16]

Politics

The Democratic Party (DP), the Luxembourgish Socialist Workers' Party (LSAP), the Green Party (Déi Gréng), the Pirate Party and the Left Party are in favor of legalizing cannabis for recreational use. Member of Parliament Carole Hartmann from the DP party has stated that if alcohol and cigarettes are legal, so should cannabis, however, awareness campaigns should be part of the legalisation. The Christian Social People's Party (CSV) is very skeptical of the project, while The Alternative Democratic Reform Party (ADR) is undecided. Claude Wiseler, member of the Parliament, and President of the CSV party, has compared the project with the Canadian example, where the black market would not disappear right away and the quality of the products would decrease to compete in price with the legal alternatives. Minister of Health Paulette Lenert argued that in Canada the legal market has overtaken the black market as of 2020 and according to research in the US, consumption amongst minors has not increased, as it’s feared by the CSV party. Moreover, the project aims at monitoring the THC levels which have spiked on the black market, and have caused numerous health issues.[17]

In July 2022 at a conference on the topic of cannabis laws within the European Union, uniting Germany, Malta, the Netherlands, and Luxembourg, Paulette Lenert and the Minister of Justice, Sam Tanson both expressed the need to change to a regulatory approach on cannabis, based on dialogue with member states that have reached the same conclusion, that is, the failure of repressive politics throughout half a century in preventing the sale of illicit substances and in the fight against addiction.[18]

References
  1. "Growing cannabis at home – Cannabis Information". Retrieved 2023-07-21.
  2. "Home cultivation of four plants permitted as of 21 July". RTL Today. 21 July 2023. Retrieved 24 July 2023.
  3. Lambert, Yannick (18 July 2023). "Growing and smoking weed at home legal from Friday". Luxembourg Times. Retrieved 24 July 2023.
  4. "Art. 7 and Art. 8 refer to the usage of narcotics" (PDF), Excerpt of the "Mémorial A" of the Luxembourgish legislation, archived from the original on 2004-12-31, retrieved 2016-11-23
  5. Annual Report on the State of the Drugs Problem in the European Union (PDF). European Monitoring Centre for Drugs and Drug Addiction. 2011. p. 23. ISBN 978-92-9168-470-0. ISSN 1609-6150. Archived (PDF) from the original on 12 May 2019.
  6. Bewley-Taylor, David R. (2012). International Drug Control: Consensus Fractured. Cambridge University Press. pp. 175–. doi:10.1017/CBO9781139057424. ISBN 978-1-107-01497-8.
  7. Damiani, Claude (2 January 2018). "Cannabis médical : l'exemple de l'Allemagne" [Medical cannabis: the example of Germany]. Le Quotidien (in French). Archived from the original on 19 January 2018.
  8. Huberty, Martine (8 November 2017). "Cannabis for Medicinal Purposes Pilot Project". Delano. Maison Moderne. Archived from the original on 31 March 2018.
  9. Pritchard, Heledd (29 June 2018). "Cannabis for medical use legalised in Luxembourg". Luxembourg Times. Archived from the original on 29 June 2018. Retrieved 8 July 2018.
  10. Tharoor, Avinash (29 June 2018). "Luxembourg Is Latest EU Country to Legalise Medical Cannabis". Talking Drugs. Release. Archived from the original on 30 May 2019. Retrieved 8 July 2018.
  11. Lambert, Yannick; Pritchard, Heledd (29 November 2018). "Cannabis to be made legal for recreational use in Luxembourg". Luxembourg Times. Archived from the original on 30 November 2020. Retrieved 29 November 2018.
  12. "Luxembourg to legalise growing and using cannabis at home". euronews. 2021-10-22. Retrieved 2021-10-22.
  13. "Legalisation of cannabis delayed due to coronavirus pandemic". RTL Today. 2020-10-13. Retrieved 13 May 2023.
  14. "Legal pot plan foresees 14 dispensaries in Luxembourg". Delano - Luxembourg’s financial community. 2023-04-28. Retrieved 13 May 2023.
  15. "Luxembourg legalises cultivation and consumption of cannabis at home". today.rtl.lu. 2023-06-28.
  16. Sabaghi, Dario (29 June 2023). "Luxembourg Legalizes Cannabis For Personal Use". Forbes. Retrieved 30 June 2023.
  17. "Government parties in favour, CSV remains sceptical". RTL today. 2021-05-21. Retrieved 23 May 2023.
  18. "Paulette Lenert et Sam Tanson organisent une consultation de haut niveau sur la réglementation du cannabis à usage non médical et non scientifique". Ministry of Justice, The Luxembourg Government (in French). 2022-07-15. Retrieved 23 May 2023.
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