GROWING CANNABIS AT HOME (1ST STAGE)
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.
For further information, consult the official flyer on growing cannabis at home.
The production, use, possession, sale and trafficking of drugs and other controlled substances are regulated and sanctioned by the amended law of 19th February 1973 on the sale of medicinal substances and the fight against drug addiction.
The new national legislation authorising the cultivation of cannabis at home is regulated by the law of 10th July 2023 amending the amended law of 19th February 1973 on the sale of medicinal substances and the fight against drug addiction.
Effective from the 21st July 2023, the new law allows the cultivation of up to four cannabis plants per domestic household, grown in the home or habitual residence of the adult concerned. Cultivation must be done exclusively from seeds and must be carried out by an adult. The plants thus cultivated must not be visible from the public space.
As a result, every adult is authorized to consume the home-grown cannabis at his/her home or at his/her habitual residence.
It is not allowed to buy cannabis plants to continue growing them at home. Home cultivation of cannabis plants must be done from seeds.
Cultivation must be limited to a maximum of four cannabis plants.
Consumption in public and outside the place of cultivation is prohibited. The possession in public, transport and acquisition of cannabis are also prohibited, as well as sharing the home-grown cannabis with persons outside of the domestic household.
Consumption by minors remains prohibited. Consumption by adults in the presence of minors or with minors is prohibited.
A list of other prohibited behaviours and acts related to cannabis can be found in the law of 10th July 2023 amending the amended law of 19th February 1973 on the sale of medicinal substances and the fight against drug addiction.
A domestic household is made up of all the persons who live in the same household and share a common household budget.
The penalties for small quantities of cannabis in public are reduced and a simplified criminal procedure is introduced for adults who possess, transport or acquire in public cannabis not exceeding three grams.
In the event of non-compliance with the legal provisions, the new law provides, among others, for the following penalties:
- For the consumption in public or outside the place of cultivation, as well as for the transport, possession and acquisition of quantities of three grams or less, a taxed warning of €145 (“avertissement taxé”) may be issued or a criminal fine ranging between € 25 and € 500 may be ordered. However, these penalties do not apply to persons who use cannabis prescribed for medical purposes.
- Above the three-gram threshold, prison sentences ranging from eight days to six months and/or a fine ranging from € 251 to € 2,500 are possible.
- Consumption of cannabis at work, in educational establishments or in the presence of one or more minors is punishable by a prison sentence ranging from eight days to six months and/or a fine ranging from € 251 to € 2,500.
- Consumption with one or more minors is punishable by a prison sentence ranging from six months to two years and/or a fine ranging from € 500 to € 25,000.
- Failure to observe the place of cultivation (i.e. home or habitual place of residence) and possession of more than four cannabis plants per household are punishable by a prison sentence ranging from eight days to five years and/or a fine ranging from € 500 to € 250,000.
No. The new law allowing home cultivation does not change the rules on driving under the influence of narcotics. Driving under the influence of cannabis is not permitted; the legal threshold set out in the road traffic laws amounts, in practice, to a zero tolerance threshold. According to the road traffic laws, any driver of a vehicle or pedestrian involved in an accident whose body contains a serum level of THC of 1ng/ml or more is liable to a prison sentence ranging from eight days to three years and/or a fine ranging from € 500 to € 10,000.
Cannabis seeds for self-cultivation are no longer considered narcotics and can therefore be purchased in shops or online. As a list of shops selling seeds is not available, it is advisable to contact the shops directly for more information.