Despite a policy of repression and prohibition, cannabis is the most used illicit drug in Luxembourg. The bill no. 8033 is introducing the first liberalization of cannabis consumption, with the aim of protecting young people and increasing control over public health. The intention is to allow home cultivation and depenalization of small quantities of cannabis consumption, with a view to reducing risks and also preventing crime. The law now authorizes the personal consumption at home and the cultivation by an adult of a maximum of four cannabis plants per household from seed.
The bill no. 8033, amending the modified law of February 19, 1973 concerning the sale of medicinal substances and the fight against drug addiction with a view to reducing risks and preventing crime, has been voted by the Chamber of Deputies on June 28, 2023. The law has been published on July 17, 2023 and comes into force today (hereinafter the "Law").
This first step is not intended to legalize cannabis without restriction, but to allow recreational use and reduce penalties for possession and private use.
The Law allows adults to consume cannabis in a private place, and to cultivate a maximum of four plants at home from seed. Possession of cannabis on public roads in small quantities (not exceeding three grams) will be decriminalized, despite the continuous prohibition of the consumption on public roads.
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Legal requirements
- Be of legal age ;
- Grow a maximum of four cannabis plants per domestic community, not per person ;
- Plants must be grown from seed ;
- Consumption must take place in the private sphere.
In terms of location, this is limited to the home or usual residence of a major person. More precisely, it will be authorized indoors and outdoors, as long as the plants are not visible from the public roads.
In case of non-compliance with these conditions, penal sanctions will apply.
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Penalties
The criminal fine for non-compliance with the place of cultivation, or when the number of plants at home exceeds that authorized, is between 25 and 500 euros if the quantity is less than or equal to 3 grams. If the 3 grams limit is not exceeded, a fine of 145 euros may be issued. The offender will be assimilated to a drug trafficker when the 3 grams limit is exceeded.
Anyone who does not respect the place of cultivation, or who possesses more than four cannabis plants per domestic community, will be punished by a prison sentence of between 8 days and 5 years and/or a fine of between 500 and 250,000 euros.
The legalization of recreational cannabis will also be implemented through an experimental scheme for legal access to cannabis for non-medical purposes, with the aim of regulating the entire chain from production to sale. Cannabis for recreational use will be accessible in Luxembourg in a controlled way from the age of 18 in 14 state-run outlets, and will be limited to nationals and residents. The aim is to ensure traceability from seed to finished product.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
