Luxembourg has adopted a new framework regarding recreational cannabis by way of a law which has been voted on 28 June 2023 (the “Law”).
The Law authorises the cultivation of four cannabis plants per domestic community, provided that (i) it is carried out exclusively by a person above the age of 18, (ii) the seeds are labelled with the producer's contact details, the number of seeds and a health warning, (iii) the plants are grown at the home or habitual residence of the person above the age of 18 and (iv) the plants are not visible from the public spaces.
The personal consumption of cannabis in the private sphere is authorised for people above the age of 18 outside the view or presence of persons under the age of 18.
In the public sphere, several prohibitions are provided for such as (i) public consumption of cannabis (ii) consumption by persons under the age of 18, in any place whatsoever, (iii) production with a view to transfer to others, (iv) as well as sale, trafficking, etc.
Criminal sanctions may be imposed for cannabis-related offences including, in particular, (i) possession of more than four cannabis plants, (ii) failure to respect the place of cultivation, (iii) transporting, acquiring and illegally possessing quantities exceeding 3 grams of cannabis for personal use, (iv) facilitating use by others and (v) using cannabis with or in the presence of persons under the age of 18.
However, a reduced criminal fine has been introduced for (i) those who use cannabis illegally in any place other than their home or habitual residence, or (ii) those who illegally transport, hold or acquire, whether in return for payment or free of charge, a quantity of 3 grams or less of these substances, solely for their own personal use. The fine has been reduced from EUR 25 to EUR 500 and the possibility has been introduced of issuing a warning taxed at EUR 145 if the 3 grams threshold is not exceeded.
