By choosing to regulate access to cannabis for recreational use, the government intends to regulate consumption of it, and to reduce the potential risks and harm associated with it.
The decision is the result of a democratic process and forms part of a proactive and constructive public health approach based on a political will to establish a balance between prevention, risk reduction and combating criminality.
It should be noted that in spite of its status as an illegal substance and of the repressive measures taken against its trade and use, cannabis is the most widely consumed illegal psychoactive substance in Luxembourg.
This means that users’ health is at greater-than-average health and safety risk. In the various types of cannabis currently available on the market, THC concentration is unpredictable (impurities, contamination, toxicity, pesticides, adulterants, etc.) and there has been a complete lack of any reliable way for the consumer to determine the THC or CBD content of products bought on the black market.
Now, as part of an approach based on public health and encouraging a responsible attitude, the current government, which takes a more responsible approach, wants to introduce legislation on the regulation, production, distribution, possession and consumption of cannabis for the personal recreational purposes of people of legal age living in the country.
In a first phase, legal access to cannabis for non-medical use is permitted via the cultivation of cannabis at home.
In a further phase, cannabis for non-medical use will be purchasable in public sales points only by adults domiciled in Luxembourg for at least 6 months and only for personal use. It should be noted that a monthly limit of 30 grammes of dried cannabis per person will be applied. Cross-border workers and tourists will not be able to buy cannabis at points of sale. These measures are intended to prevent the emergence of cannabis tourism in Luxembourg.
The ban on consuming cannabis and its derivatives will apply to premises open to and/or serving the public, and to any places in which the ban on smoking (tobacco and e-cigarettes) applies. This measure is intended to limit public nuisances; to prevent the passive inhalation of harmful, potentially psychoactive smoke by non-consumers; and to counter the spread and normalisation of cannabis use and, indeed, a reduction in people’s understanding of the risks. The same rules must also apply to all other cannabis-based products, in particular those with a THC content of less than 0.3%.
All relevant policies relating to tobacco and alcohol consumption in the workplace will need to be adapted in order to incorporate the consumption of cannabis for recreational purposes. In addition, a zero-tolerance rule will be applied to members of the following professions, among others, when they are performing their professional duties: pilots, law-enforcement officers, surgeons, prison service personnel, professional drivers, etc. A zero-tolerance rule will also have to be incorporated into prison regulations (similar to the regulation of alcohol in prisons/detention centres, etc.).
– Professional categories: pilots, law enforcement, surgeons, prison staff, professional drivers, etc. ;
– Prison regulations (by analogy with regulations concerning alcohol in prisons/detention centres, etc.).
PEOPLE OF LEGAL AGE
RESIDENT IN LUXEMBOURG
PERSONAL USE ONLY
NO CONSUMPTION IN PUBLIC PLACES
Only in state-owned points of sale
Cannabis will only be sold in state-owned points of sale.
Initially, these will be limited in number, while ensuring an even geographical distribution. In order to prevent “recreational cannabis tourism” within Luxembourg, there will have to be a fairly even distribution of those points of sale, in terms of both geography and population.
The points of sale will exclusively sell cannabis for recreational use. They will be exclusively supplied by the state, or companies duly licensed by it, at a price set by the state. That price will include packaging and secure transportation to the points of sale. No other suppliers of cannabis for recreational use will be tolerated; the penalty for using other suppliers will be immediate withdrawal of the concession and immediate civil and/or criminal proceedings.
Customers’ right to buy cannabis will be verified using an information system provided by the Luxembourg Government IT Centre (CTIE).
Sales outside the established national points of sale, online sales and home deliveries will not be possible. All state-owned points of sale will have to meet the requirements laid down in the specification.
The production and sale of pre-rolled cannabis cigarettes (joints) will be banned.
The entire production chain – i.e. production, transportation, distribution and sale – will be regulated and controlled by the state.
Severe administrative and criminal penalties will be applied as a deterrent and punishment for those who do not respect the laws in force.
POINTS OF SALE HOLDING A CONCESSION
PRICES SET BY THE STATE
REGULATED PRODUCTION CHAIN
1st Step | Home cultivation and depenalisation of small amounts
2022, 22nd June: Introduction of the draft bill amending the amended law of 19 February 1973 concerning the sale of medical substances and the fight against drug use
2023, 28th June: Vote of the draft bill nr 8033
2023, XX July: Entry into force of the law
2nd Step | Pilot Project for Legal Access to Cannabis for Non-Medical Purposes
2018, 3rd December: Coalition agreement signed
2019 – 2021: Exchanges with other countries as well as with international institutions (European Commission, International Narcotics Control Board), consultation with international and interdisciplinary experts. Working visits, in particular to Canada and to the Netherlands. Interministerial working group: in-depth work and research regarding the development of the draft concept
2022, 15th July: High-level consultation with several EU member states on the regulation of cannabis for non-medical purposes
2023, 21st April: Approval by the Government Council of the concept of the pilot project for legal access to cannabis for non-medical purposes
Next step: Elaboration of a legal basis for the pilot project
(1) DRAFTING OF THE CONCEPT
(2) LEGISLATIVE PROCEDURE
(3) VOTE OF THE BILL
(4) ENTRY INTO FORCE
Find out more
To find out more about the coalition agreement and concept note for regulation, download the brochure.
Frequently asked questions
On the FAQ page, you will find answers to the most common questions about cannabis and about the concept of regulation, such as the components, risk factors and effects of cannabis, and the different modalities and dimensions of the envisaged regulation.