Luxembourg: Market and legal data analysis of the cannabis sector

6th June 2024: Luxembourg: The Ministry of Health will post a public tender for a contract to supply medical cannabis by the end of the year amid a supply shortage, press reports. The current contract is due to expire at the end of 2024, and the ministry says it will make necessary adjustments to avoid future supply disruptions.
10th April 2024: Luxembourg: Today, the minister of health has answered a parliamentary question on the effects of Germany's cannabis legalisation on Luxembourg. The minister has said that there are currently no plans to align the country's cannabis law with the one recently enacted in Germany, but that the government will keep monitoring the results of Germany's cannabis legalisation, as well as in the country's two neighbouring countries (Belgium and France). Luxembourg announced its intention to legalise cannabis in 2018, but it ultimately settled on a watered-down agreement to decriminalise public possession of up to 3 g of cannabis and allow home cultivation. This, according to the minister, will be maintained.
11th January 2024: Luxembourg: The government has notified a bill amending the tobacco law to the European Commission’s TRIS system. The bill includes a provision that would ban the marketing of “cannabinoid pouches”, defined as cannabinoid products “presented in portions of sachets or in porous sachets and in the form of powder, particles or paste or any combination of these forms”. EU member states and the Commission may submit comments on the bill until 22nd March 2024.
25th July 2023: Luxembourg: The Ministry of Health has responded to a parliamentary question about the status of HHC, in light of France have recently banned it, saying HHC is already a controlled substance. The ministry stated: “Luxembourg does not have to follow the French example, since HHC is controlled nationally under the amended Grand-Ducal regulation of 20th March 1974 concerning certain psychotropic substances.”
24th July 2023: Luxembourg: The Ministry of Justice announced that the new law to decriminalise the possession of up to 3 g of cannabis and allow the home cultivation of four cannabis plants has taken effect as of Friday, 21st July. It is now legal for adults (18+) to cultivate cannabis from seeds and to possess and consume it at their habitual residence, though public possession and consumption are subject to a fine. Additionally, the Ministry of Health published an FAQ outlining the details for Luxembourg's proposed second phase of its cannabis liberalisation policy, which would include an experimental pilot project to allow the cultivation, distribution, and sale of recreational cannabis.
5th July 2023: Luxembourg: Justice minister Sam Tanson has clarified various aspects of the recently approved cannabis legislation, press reports. She said no THC cap would be imposed on homegrown plants, to discourage resorting to the black market. Individuals can grow up to four cannabis plants at home, regardless of size, yield, or strength. Initially, cultivation must be from seeds, and the government plans to observe the impact of the legislation before authorising cultivation from cuttings. Crops must be concealed from public view.
28th June 2023: Luxembourg: The Chamber of Deputies has approved Bill 8033, legalising home cultivation of up to four cannabis plants per household, exclusively from seeds labelled with producer information and health warnings. Plants must not be visible from the public road. Personal consumption in private will be permitted, but not in the presence of minors or on public roads. The bill also decriminalises the public possession of small quantities of cannabis. Adults found with up to 3 g of cannabis for personal use will face reduced fines, ranging from €25 to €500. However, larger quantities may still carry higher fines and potential prison sentences.
26th June 2023: Luxembourg: A parliamentary question has been raised about the recent law in France that prohibits the sale and consumption of synthetic cannabinoids. The question addresses the assessment of psychoactive effects and their impact on public health, the intention to ban the sale of the synthetic cannabinoid hexahydrocannabinol (HHC), initiatives to raise awareness of health risks, monitoring of the situation, and consideration of scientific research in the development of regulatory policies.
16th June 2023: Luxembourg: The vote on a bill to decriminalise possession of small amounts of cannabis and allow home cultivation in Luxembourg has been scheduled by Parliament to take place during the week of 26th June. As part of the coalition agreement, the proposal is scheduled for deliberation and voting in the Chamber of Deputies before the end of the current legislative period. Lawmakers will have the opportunity to pass draft bill 8033, which includes provisions allowing home cultivation of up to four plants, possession of up to 3 g of cannabis, and limited consumption in private residences.
2nd May 2023: Luxembourg: The Health and Justice ministries have published a proposal for the introduction of a recreational cannabis pilot programme. However, ministers have said the bill will not come under consideration in this legislative period, as it will be presented first to the European Commission. The proposal is for 14 publicly-owned sales points around the country and for consumers to be allowed to purchase up to 5 g of cannabis per day, up to a maximum of 30 g a month. The government and its licensees would be responsible for cannabis production, and prices would be set by the government.
14th April 2023: Luxembourg: Following Germany’s recent announcement on legalising cannabis, Luxembourg's minister of health, Paulette Lenert, expressed optimism for the country's plans to legalise adult-use cannabis and indicated that Luxembourg would follow Germany's lead in introducing a pilot programme to allow sales of cannabis on an experimental basis, press reports.
20th March 2023: Luxembourg: The Luxembourg Council of State, which provides opinions on all legislative bills and draft regulations, issued its opinion last week on the government's proposal to decriminalise the possession of small amounts of cannabis and the home cultivation of up to four cannabis plants for personal consumption. The opinion concludes that while the government's proposal would not violate EU law, it could open itself to criticism under international law: "In conclusion, and while acknowledging that the doctrine is not unanimous on the matter, the Council of State considers that, by proceeding in this way, the authors of the bill risk exposing themselves to criticism, at international level in particular, of a possible non-conformity of the legislation envisaged with international law. At the same time, the agreements in question do not provide for any sanction to this effect."

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