FAQS

“Cannabis” means plants from the Cannabaceae family. The cannabis plant contains hundreds of chemicals, including more than 100 cannabinoids, along with flavonoids and aromatic terpenes.

The effects of cannabis result from its cannabinoids acting on biological “targets”, a system of particular molecules and receptors found throughout the human body that, taken together, are called the endocannabinoid system. Most scientific interest in the subject has been focused on two cannabinoids. Delta-9-tetrahydrocannabinol, commonly known as THC, is the main psychoactive ingredient. When THC enters the bloodstream, it acts on the endocannabinoid receptors in the brain. THC acts in a dose-response relationship; high levels entering the bloodstream are more closely associated with negative health and social impacts. Cannabidiol (CBD) is the second cannabinoid that has been the subject of research. In Luxembourg, the cannabis available on the black market takes two main forms:

• flowering tops
• “hashish”, which is produced from cannabis plant resin

The concept note sets out a model for the strictly regulated sale of these two main forms: products derived from cannabis flowering tops and resin.

Even though cannabis is a natural substance, it is not harmless. There are several health risks associated with using it. For more information on the risks linked to cannabis use, click here.

Cannabis is made up of over 500 different substances, including:

• tetrahydrocannabinol (THC)
• cannabidiol (CBD)

The cannabis plant contains hundreds of chemicals, including more than 100 cannabinoids, along with flavonoids and aromatic terpenes. Most scientific interest in the subject has been focused on two cannabinoids: tetrahydrocannabinol (THC) and cannabidiol (CBD).

THC is the main active ingredient, which has a mind-altering (psychoactive) effect, among others, on cannabis users. THC, which is particularly present in the dried flowering tops, is not naturally psychoactive: it needs to be decarboxylated – e.g. by heating it – in order to become so.

The higher the THC concentration in a product, the stronger its psychoactive effects and the higher the risk of using that product. Over the course of recent decades, the average THC concentration of cannabis has continually increased, going from 7% in 2006 to 20% in 2021.

The cannabis plant contains hundreds of chemicals, including more than 100 cannabinoids, along with flavonoids and aromatic terpenes. Most scientific interest in the subject has been focused on two cannabinoids: tetrahydrocannabinol (THC) and cannabidiol (CBD).

CBD is a substance also found in cannabis, but it does not have the mind-altering properties of THC. In view of the potential therapeutic properties of CBD, it has aroused great interest among researchers in recent years.

In comparison with THC, the average CBD concentration in cannabis has been falling constantly since the early 2000s, leading to an imbalance between its THC and CBD concentrations.

There are health risks associated with all methods of consumption. The only way to avoid all risk is not to use it. If you choose to use cannabis, reduce the risks to your health by bearing in mind and respecting the following factors and information.

Knowledge about cannabis and its impact is constantly evolving. The majority of people who use cannabis do not suffer the negative consequences of doing so. However, several factors seem to make some people more likely to suffer such consequences.

Risk factors

As mentioned above, there are risks involved in any form of cannabis use.

When cannabis is used, the potential risks involved are exacerbated when the cannabis:

• Comes from an unknown source and has not undergone any quality control or been labelled (THC and CBD concentrations; presence of impurities, contaminants and cutting agents; etc.)
• Has high THC and low CBD concentrations
• Is taken using high-risk methods of use (e.g. by smoking cannabis with tobacco)
• Is used by a young person
• Is used often and in large amounts, in particular cannabis with high THC and low CBD concentrations 

There is a particular risk of addiction, meaning abuse and/or dependency, above all in cases of prolonged, frequent use in high doses.

It is therefore necessary to be alert to possible signs, such as reduced motivation, stress in the event that no cannabis is available, low mood or even social withdrawal.

Do you have any questions about cannabis and its risks? We recommend to call the hotline of the “Centre National de Prévention des Addictions”: + 352 49 77 77 – 55. The CNAPA works for the prevention of addictions and the promotion of health by focusing on information, awareness, training and coordination.

The following people are particularly at risk from using cannabis, and it is not recommended that they do so:

• Pregnant and/or breastfeeding women
• Children, adolescents and adults under 25 years of age: cannabis can have harmful effects on various aspects of mental, neuronal and emotional development, depending on their age when they start using cannabis and on the duration and intensity of that use
• Patients with a history of addiction and/or use of substances such as alcohol, narcotics or other medication
• Patients with a (personal or family) history of psychiatric problems
• Patients with kidney or liver failure
• Patients with a pre-existing heart condition
• Older people and those who are bedridden or have reduced mobility 

Remember that it is not recommended that such people use cannabis.

Do you have any questions about cannabis and its risks? We recommend to call the hotline of the “Centre National de Prévention des Addictions”: + 352 49 77 77 – 55. The CNAPA works for the prevention of addictions and the promotion of health by focusing on information, awareness, training and coordination.

Adverse effects

The adverse effects of cannabis, in particular of products with a high THC concentration, vary hugely from one person to the next. Reported adverse effects include central nervous system disorders, such as dizziness, vertigo and memory and attention-deficit disorders; mental disorders, in particular mood disorders, signs of depression and, in some cases, hallucinations or psychotic disorders; eating disorders and gastrointestinal diseases; and cardiovascular diseases, such as palpitations and increased heart rate.

Additive effects and drug interactions

Some adverse effects of cannabis can be exacerbated when it is used in combination with other medications with neurological effects, such as benzodiazepines, barbiturates, opioids, antihistamines, muscle relaxants and antiepileptics. Likewise, it is strongly recommended not to drink alcohol at the same time as using cannabis or to smoke it with tobacco; both of these are high-risk methods of taking cannabis.

Note that published scientific data on this subject are scarce. Therefore, the possible drug interactions of cannabis with other substances are not yet known.

Effects on driving ability

Using cannabis, in particular when it has high THC concentrations, can have significant impacts on the central nervous system, such as dizziness and/or drowsiness. Judgement and performance in tasks requiring skill can be impaired.

In practice, the legal threshold is equivalent to zero tolerance of driving under the influence of cannabis.

Under the Act of 14 February 1955 on traffic regulation on all public highways, as amended, “any driver of a vehicle or animal, as well as any pedestrian involved in an accident, whose body contains one of the following substances: a serum THC level of 1ng/ml or more […], is subject to the penalties provided for in paragraph 1”.

Do you have any questions about cannabis and its risks? We recommend to call the hotline of the “Centre National de Prévention des Addictions”: + 352 49 77 77 – 55. The CNAPA works for the prevention of addictions and the promotion of health by focusing on information, awareness, training and coordination.

Reference(s):

Luxembourg Ministry of Health (2022). Cannabis médicinal autorisé au Luxembourg : Informations pour les patients. Available at: https://sante.public.lu/fr/publications/c/cannabis-autorise-luxembourg.html

Authorisation of home cultivation and the reduction of penalties for small quantities of cannabis in public places represent the first stage in the implementation of the pilot project for legal access to cannabis for non-medical purposes.

 

By choosing to regulate the cultivation of cannabis at home, the Government intends to regulate its consumption and to reduce related risks and harm. The decision is part of a proactive and constructive public health approach stemming from a political will to establish a balance between prevention, risk reduction and combating criminality.

Consult the FAQ on growing cannabis at home under cannabis-information.lu/growing-cannabis-at-home

In a second phase, the Government will implement the experimental scheme for legal access to cannabis for non-medical purposes (“the concept”).

Authorisation of home cultivation and the reduction of penalties for small quantities of cannabis in public places represent the first stage in the implementation of the pilot project for legal access to cannabis for non-medical purposes.

 

By choosing to regulate the cultivation of cannabis at home, the Government intends to regulate its consumption and to reduce related risks and harm. The decision is part of a proactive and constructive public health approach stemming from a political will to establish a balance between prevention, risk reduction and combating criminality.

Consult the FAQ on growing cannabis at home under xxx

In a second phase, the Government will implement the experimental scheme for legal access to cannabis for non-medical purposes (“the concept”).

According to the Luxembourg Government 2018-2023 coalition agreement (p. 105):

“Legislation on recreational cannabis use will be drawn up. Its main goals will be to decriminalise, or even legalise, under conditions that are yet to be determined, production within the territory of Luxembourg, along with the purchase, possession and recreational use of cannabis for the personal needs of residents of legal age; to move users outside the black market; to determinedly reduce the related mental and physical hazards; and to combat criminality at the supply level. To that end, a production and marketing chain will be established, with a view to guaranteeing the quality of the product. In the investment of the revenue generated by cannabis sales, priority will be given to prevention, awareness-raising and treatment in respect of the huge numbers of dependent people.”

According to the coalition agreement of the Luxembourg Government 2023-2028 (p. 100):

“The cultivation of cannabis for personal use as it was legally regulated will be maintained. The Government will observe the position of the three neighbouring countries on the legalisation of cannabis.”

Regulation of access to cannabis for recreational use on the part of Luxembourg residents of legal age is, above all, a decision in line with a public health approach. The intention is to find solutions and a better approach to resolving a social problem in Luxembourg and to reduce the public health risks associated with cannabis use, but without trivialising or normalising such use.

The health of users of cannabis obtained on the black market is exposed to increased risk. In the course of the last 15 years, the THC content of cannabis and related products has significantly increased, while their CBD content has significantly reduced; their price, meanwhile, has remained stable.[1] The quality of cannabis available on the black market is unpredictable (impurities, toxins, pesticides, adulterants, etc.) and there is a complete lack of any reliable way for users to determine the THC and CBD content of products bought illegally.

In the concept note, the following primary public health goals for the government are set out:

• To ensure the quality of the products sold in dispensaries (THC and CBD concentrations; impurities and contaminations)
• To ensure that the product is safe (e.g. plain packaging and warning labels)
• To reduce high-risk use and addiction
• To reduce the frequency and intensity of cannabis use, in particular cannabis with high THC and low CBD concentrations
• To reduce the prevalence of high-risk methods of use (e.g. the smoking of cannabis with tobacco)
• To increase the age at which people start using cannabis
• To protect young people by bolstering preventive measures and reducing cannabis use
• To reduce the attractiveness and prevalence of synthetic cannabinoid use

[1] European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). Statistical Bulletin 2018 — price, purity and potency

With a view to health promotion and to prevention, awareness-raising, communication and education campaigns form an integral part of the concept note, in particular:

• Making the public more aware of the potential risks and harm to physical and mental health and to society linked to cannabis use, in particular relating to regular high-risk use
• Informing the public of the variability of cannabis quality, of the psychoactive effects of cannabis use and of the importance of concentrations, in particular THC and CBD content
• Bringing about cannabis use that is more responsible, by providing information on the risks associated with the different frequencies/intensities of cannabis use
• Guiding users towards methods of taking cannabis that are less harmful to health (i.e. risks linked to using multiple psychoactive substances at once: smoking cannabis with tobacco or using it at the same time as drinking alcohol)
• Making users aware of their responsibilities and enhancing their decision-making skills and resilience so that they can make informed choices, with a view to achieving a change in attitudes and behaviours towards less risky methods of taking cannabis, and of the fact that lowest-risk type of behaviour in this area is abstinence
• To increase the availability of and access to prevention programmes and risk-reduction services, in particular for socially disadvantaged groups and for young people
• Increasing the availability of appointments and access to out- and in-patient treatment for the various target groups

The intention underlying the concept note is to move users away from the black market and criminal networks and for organised crime to be combated.

To consult the other objectives proposed by the concept, please see question 8.

In order to prevent undesirable effects for individual and public health, complementary preventive measures will also be taken to counter the trivialisation and normalisation of cannabis and tobacco use, in particular among young people. (Read more about prevention under question 13)

A national production and marketing chain will be established, the entirety of which – i.e. production, transportation, distribution and sale of cannabis – will be regulated and monitored by the state, following a seed-to-sale system.

As far as production is concerned, in order to ensure that the public health goal is achieved and that monitoring of domestic producers and production is conducted, the concept note recommends the establishment of a national control agency for the cannabis production and marketing chain. This agency must also be tasked with ensuring the production of enough varieties of cannabis to prevent users from turning or returning to the black market. It will also be ensured that there is no encouragement for the proliferation of growers of any sort in the territory of Luxembourg.

It will be important to conduct a market analysis and determine whether the offering will meet users’ needs, in order to avoid over-/underproduction, or even a negative impact in terms of changes to the ways in which cannabis is taken.

It is therefore proposed that a maximum of two production permits will be offered. A producer company will be able to acquire no more than one permit for a single production site. In order to be able to apply, companies will have to meet the quality requirements laid down by the authorities and the eligibility conditions set out in the specification. The permits will authorise the growing, processing and distribution, under certain conditions, of cannabis for recreational purposes.

Varieties of product

In order for user demand to be met, a varied range of products will be available on the legal market. The varieties of product that can be sold will be set out in the specification for a public tendering procedure relating to the allocation of production permits.

The products to be included will be decided on the basis of what is available on the black market and the risks associated with using different varieties of cannabis; those risks are closely linked to THC and CBD concentrations, and strongly influenced by the method used to take cannabis and the amount taken.

The production and sale of pre-rolled cannabis cigarettes (joints) will be banned.

General requirements for the producer to meet

The producer will have to fulfil the following criteria (non-exhaustive list):

• The producer must draw up a project proposal covering growing operations, post-harvest facilities, quality checks, quality-management system and the cannabis varieties (e.g. THC/CBD ratio) that it wishes to grow.
• The producer must guarantee to meet the product quality standards – which have yet to be set out – throughout the production chain (growing, packaging, storage, etc.).
• The producer is responsible for security measures, in particular the completely secure storage of the cannabis, and must ensure a safe and healthy work environment.
• The producer must undertake to use exclusively the tracking software provided by the national control agency, enabling the route taken by each finished product to be tracked, so that the closed cannabis production chain can be properly monitored.
• The producer will not be permitted to make sales online or deliver to customers’ homes.

Storage and quality checks

As set out in the concept note, it is important to put in place guarantees to ensure both the quality and the security of the product while it is being stored.

In addition to the quality requirements for growing, independent quality checks and cannabis analyses should also be organised. This makes it possible to conduct checks on whether the product meets the quality (contaminants, pollutants, plant protection products, plant growth regulators, etc.) and concentration (THC and CBD) requirements.

It is important that, in order to prevent any conflicts of interest, a certified independent body be made responsible for these quality checks. In parallel, it will also be necessary to guarantee that the relevant agricultural best practice is observed.

Product quality standards

The quality of cannabis for non-medical purposes to be produced by the selected producers should meet the quality standards, which will be laid down in a grand-ducal regulation.

Producers will be required to produce cannabis of quality compatible with public health goals and with the objective of gradually eroding the black market.

A national production and marketing chain will be established, the entirety of which – i.e. production, transportation, distribution and sale of cannabis – will be regulated and monitored by the state, following a seed-to-sale system.

As far as selling is concerned, the distribution chain from producers to dispensaries should be organised by the producers and should be transparent, so that it can be monitored and so that no cannabis can end up in the hands of criminal elements. The eligibility criteria for hauliers will be specified in the regulations.

The number of stops during transportation must be kept to an absolute minimum, in order to reduce all risk that cannabis will disappear from the closed distribution chain.

Sale and distribution

Cannabis will be sold only in publicly owned dispensaries that have a concession contract. A dispensary may only be officially opened once it has been fully checked by the relevant state services.

During the initial stage, it is proposed to limit their number to 14. In order to prevent “cannabis tourism” relating to recreational use within Luxembourg, there will have to be a fairly even distribution of those dispensaries, in terms of both geography and population.

The dispensaries must be used exclusively to sell cannabis for recreational use. The state, or companies duly licensed by it, will be the dispensaries’ exclusive suppliers. No other suppliers of cannabis for non-medical purposes will be tolerated; the penalty for using other suppliers will be immediate withdrawal of the concession and immediate civil and/or criminal proceedings.

Customers must be kept safe in the dispensaries and the goods that the dispensaries contain must be kept secure. They should be responsible for ensuring that products are stored in a way that preserves their quality.

In addition, dispensaries’ staff should receive appropriate training to enable them to advise and inform customers about how to use cannabis in the most responsible way possible that minimises risk and harm.

There will be checks on whether a sufficient number of prevention and awareness-raising documents are present. In that connection, the state, or an authorised organisation, will provide the selected concessionaires with all the materials necessary for conducting their indispensable prevention and awareness-raising assignments.

Online sales and home deliveries should be ruled out.

All dispensaries with a concession will have to meet the requirements laid down in the specification.

The only people eligible to buy cannabis for non-medical purposes will be residents 18 years of age or older who have not exceeded the monthly purchase limit of 30 grams per month.

Customers’ right to buy will be verified using an information system provided by the Luxembourg Government IT Centre (CTIE); (for more information on data processing, see question 16).

Given the domestic context, it is recommended that the monthly threshold should not exceed 30 grams of dried cannabis per customer. In addition, dispensaries will have to ensure, by means of a computer system common to all dispensaries, that the maximum quantity of 5 grams per day, per purchase and per customer is not exceeded. The quantities purchased must be exclusively for personal use.

At the second stage, the concept note on the pilot project for legal access to cannabis for non-medical purposes stipulates that a coherent set of effective, appropriate, proportionate and deterrent criminal penalties must be established. It provides for the possibility of applying both administrative and criminal penalties.

Administrative penalties

The following is a non-exhaustive list of administrative penalties:

• Administrative fines in the event of failure by producers or dispensaries to meet their obligations, for instance by holding quantities in excess of the permitted maximum; these fines could be doubled in the event that such a failure is repeated
• Closure (temporary or permanent) of a dispensary or production premises
• Revocation by the national control agency of the permit of a dispensary or production premises
• Administrative fines in the event of a person of legal age possessing quantities of cannabis in excess of the permitted maximum of 5 grams or using cannabis in public
• A ban (temporary or permanent) on entering dispensaries

Criminal penalties

It is essential not to relax enforcement of the law in respect of narcotics, in particular as regards the illegal production, growing and trafficking of cannabis and other illegal drugs.

The concept note underscores that public health and safety must be protected by means of strengthening the legislation and the actions taken to punish and respond effectively to serious offences relating to cannabis, in particular selling or distributing it to minors, selling it unlawfully, and driving a vehicle under the influence of cannabis.

Selling on cannabis for non-medical purposes to minors or non-residents and sharing it with such individuals should be prohibited and subject to deterrent criminal penalties, including custodial sentences.

In the context of the bill implementing this draft concept note, all current criminal penalties will undergo a critical assessment, in particular those for breaching the prohibitions against the illegal sale, production and trafficking of cannabis (whether from the legal cannabis production and marketing chain or from elsewhere), with a view to the establishment of a coherent and appropriate set of related criminal penalties.

The government, municipalities, law enforcement agencies and competent authorities will be responsible for monitoring and overseeing compliance with the rules in place and the legislation in force.

The concept note provides that the legislation should include at least the following provisions:

• Permission for the possession, in private and public, of quantities of cannabis of up to 30 grams, exclusively in the sealed packaging of an authorised dispensary
• Permission for the possession, in private and public, of quantities of cannabis (or the equivalent) of up to 5 grams, sealed or unsealed
• Provision for the prohibition against possession of cannabis by people under the age of 18, even when it is available on the legal market; depending on the individual’s age and the seriousness of the offence, young people breaching this prohibition will be subject either to the provisions of the Youth Protection Act or to the Act establishing a criminal law regime in respect of minors
• Provision for the prohibition against the use of cannabis, whether flowering tops or resin, in premises open to and/or serving the public; cannabis use will also be banned in premises where the smoking ban (tobacco or e-cigarettes) applies
• Prohibition against the sale or giving free of charge to a non-resident by a person of legal age
• Prohibition against the sale or giving free of charge to a minor by a person of legal age
• Prohibition against any form of inducement, by a person not permitted to buy cannabis on their own behalf, of another person to buy cannabis for them
• Prohibition against the sale or giving free of charge of cannabis to another person, even if that person is entitled to legally buy cannabis at an approved dispensary
• Prohibition against the use of cannabis in any non-private setting
• Prohibition against the possession in public by a person of legal age of a quantity of cannabis in excess of 5 grams that is not contained in its sealed permitted original packaging

In respect of driving on public highways, the limit currently established by Article 12 of the Traffic Code is 1ng/mL THC. In fact, setting the limit at this level amounts to zero tolerance. The applicable criminal penalties are either or both of imprisonment for terms of between 8 days and 3 years, on the one hand, and fines of between €500 and €10,000, on the other.

It is recommended that expert advice be sought. This is to ensure that the measures in place are based on up-to-date, valid and robust scientific evidence that reliably detects whether the driver is fit to drive a vehicle or whether the driver’s faculties are impaired.

References:

“Recreational Cannabis” draft (2023). Available at: https://gouvernement.lu/fr/dossiers.gouv_mj%2Bfr%2Bdossiers%2B2021%2BCannabis.html

Within the current youth protection framework, there already is a set of national psychosocial and therapeutic support services for young people, their families and the institutions concerned, when they are confronted with a young person’s use of legal and illegal psychoactive substances.

The pilot project of legal access to cannabis for non-medical purposes should go hand in hand with the development of existing measures relating to preventing the use of cannabis for non-medical purposes and reducing its potential health risks and harmful effects. The pilot project actually offers new possibilities and opportunities for developing prevention work, by making it easier to access cannabis users and facilitating the work of using prevention messages to inform them and raise their awareness.

Given that regulation could potentially make cannabis more attractive, with the result of increasing tobacco consumption, complementary preventive measures will also have to be taken to counter the trivialisation and normalisation of cannabis and tobacco use, in particular among young people, in order to prevent undesirable effects on individual and public health.

Information and universal, selective and indicated prevention measures must start during primary education. A diverse range of such measures should routinely reach children in their educational settings and in their recreational activities, targeting both occasional use and the detection of high-risk use. In addition, the measures should make use of all available tools and networks and be specific to different age groups and other target groups.

The concept note proposes that prevention strategy must be based on a holistic concept that goes beyond preventing and reducing risks related to the use and misuse of cannabis: it must promote the development of skills in relation to cannabis use and of skills linked to managing the related risks.

It is essential to include young people, their parents, teachers and school senior management, their general practitioner, the representative of their local education authority, their tutors and groups of their peers in prevention strategies, and to make use of all digital and other tools and media available for prevention and for offering those involved information and training.

Clearly, the pilot project for legal access to cannabis for non-medical purposes should not aim to promote, normalise or trivialise its use, but rather to make it possible to scientifically assess whether managing its use for non-medical purposes will reduce associated risks and harm, remembering that cannabis use has been going on for decades, despite its illegality.

However, there is not currently enough reliable data to show whether legal access to cannabis leads to a temporary or sustained increase in its use. The few studies that have been conducted into legal access to cannabis for non-medical purposes have had mixed, inconclusive results. The results in other jurisdictions (such as Canada, Uruguay and some US states) are of only limited usefulness in making predictions about Luxembourg, since those governments are operating in a different context and have only just recently assessed the effect of their legislation.

Prevalence of use as an indicator of the impact of drug policy is often overestimated, to the detriment of other important indicators, such as high-risk use and its mental health impact. In order to move beyond taking account of just prevalence of use as an indicator and to limit the potential harm of high-risk use, the concept note proposes the following primary public health goals:

• To ensure product quality (THC and CBD content; absence of impurities, contamination, cutting agents, etc.) and product safety (e.g. plain packaging, warning labels), so that users know what they are taking and are able to make informed choices
• To reduce high-risk use and addiction
• To reduce the frequency and intensity of cannabis use, in particular cannabis with high THC and low CBD concentrations
• To reduce the prevalence of high-risk methods of use (e.g. smoking cannabis with tobacco)
• To increase the age at which people start using cannabis
• To protect young people by bolstering preventive measures and reducing cannabis use
• To reduce the attractiveness and prevalence of synthetic cannabinoid use

With the aim of achieving these primary public health goals and preventing the introduction of the new regulations from increasing the use of cannabis for non-medical purposes, emphasis will be given to prevention work and to raising public awareness, in particular among young people (see question 13).

In order to determine whether legislation on access to cannabis for non-medical purposes leads to increased cannabis use, a research proposal, which will use the current situation – i.e. the period immediately preceding implementation of the pilot project – as a baseline for comparison with the period following implementation of the pilot project, will have to be drawn up.

The baseline data will therefore be supplemented by periodic analyses of the post-implementation period, in close collaboration with interdisciplinary experts, in order to 1) determine whether the national pilot project is in line with its indicators and targets, 2) monitor emerging trends and their public health impact, including changes in cannabis use and use-related behaviour, and 3) acquire new evidence-based knowledge.

It should be stressed that legal access to cannabis for non-medical purposes is being regulated as part of a pilot project that is scientific, temporary and limited in scope. Its primary purpose is to contribute to establishing evidence-based scientific foundations for guiding decisions on potential later changes or future courses of action. Therefore, if the regulation of access to cannabis for non-medical purposes led to a substantial increase in its use over a long period, the experimental nature of the pilot project would make it possible to make changes, with a view to counteracting that trend.

Under the pilot project, the minimum age for legal access is 18 years old. Consumption of cannabis by minors will therefore remain prohibited.

In setting the minimum age for legal access, the legislature is faced with a dilemma. Setting the age limit for legal access at 18 years old does not fully take into account the results of scientific research on brain development and the associated potential harm. On the other hand, setting the minimum age at 21 or 25 means depriving the section of the public in which cannabis use is most widespread of legal, quality-controlled cannabis. They (minors included) would therefore be exposed to and at risk from the supply from the residual black market.

In addition, in our societies, the age of majority – set at 18 years of age – represents individual responsibility. It may, therefore, seem questionable, or even contradictory, to hold 18-year-olds responsible for every aspect of their lives apart from their choice to use cannabis.

Simply introducing a legal age limit of 18 years for legal access to cannabis for non-medical purposes cannot remove the attraction of this substance and its effects on young people and minors, in particular because 18.2% of those aged 15-18 in Luxembourg have already used cannabis.

The important thing about setting the legal age of access at 18 – which is, it should be remembered, nothing more than one tenable compromise in this instance – is not to punish offending minors indiscriminately, but to take advantage of this opportunity to discuss young people’s cannabis use, or even high-risk use, with them, along with the context of that use, and to continue making it a fully fledged prevention and risk-reduction tool.

The concept note states that it is essential to attach great importance to implementing a comprehensive information, education, prevention and communication strategy specifically targeting young people.

The identification of customers in dispensaries requires vendors to register customers in the system that has been put in place and is supervised by the national control agency.

The system must have a connection in the background to the National Register of Natural Persons (RNPP), so that it can be verified whether the customer is both a Luxembourg resident and the required age to enter a dispensary and buy the product.

In addition, the system must have a second connection to the central database, in order to make it possible to check whether the customer has exceeded the permitted monthly quantity.

Vendors will not have direct access to the various databases mentioned above; they will only be able to check whether the conditions precedent have been met or not. Vendors may only go ahead with selling the product if all three conditions (residence, age and permitted quantity per month) have been met.

A body with the role of trusted third party must be named and will be responsible for pseudonymising all data before they are sent to the competent authority. The national control agency will not be able, at any time, to discover the customer’s identity.

The following personal data will be pseudonymised and recorded, for a maximum of two years, in the national database:

For each sale:

• Customer’s pseudonym
• Customer’s age
• Product’s unique code
• Customer’s sex
• Canton of residence

It is recommended that the pseudonymised data be retained for two years and then be anonymised. The data will be used to conduct statistical research. The pseudonymisation may only be reversed by the trusted third party and doing so will require an injunction.