Luxembourg becomes the second European country to legalize cannabis self-cultivation and consumption

Edit: Carried away by our momentum, we had headlined that Luxembourg would be the first European country to legalize the self-cultivation and consumption of cannabis. It turns out that this title belongs to Malta, which will also authorize Cannabis Clubs. This article has been amended accordingly.

Adults in Luxembourg will soon be allowed to grow up to four cannabis plants at home or in their garden for personal use under new laws that will make Luxembourg the second country in Europe to legalize the self-production and consumption of cannabis.

Today's announcement by the Luxembourg government is expected to bring about fundamental changes in the country's approach to cannabis management, given the failure of prohibition to deter consumption.

Trade in seeds will also be authorized without any limit on quantity or level of quality. tetrahydrocannabinol (THC). The government said it would be possible to buy seeds in stores, import them or buy them online.

There are also plans to allow domestic production of seeds for commercial purposes, but plans for a domestic production chain and state-regulated distribution have been delayed by the Covid pandemic.

Justice Minister Sam Tamson described the amendment to the National Production and Consumption Act as a first step.

«We thought we had to act, we have a problem with drugs and cannabis is the most widely used drug and represents a large part of the illegal market,» she said.

«We want to start by allowing people to grow it at home. The idea is that a consumer shouldn't be in an illegal situation if they consume cannabis and that we don't support the whole illegal chain, from production to transport to sale, where a lot of misery is attached. We want to do everything we can to get more and more people away from the illegal black market.»

For home growers, the growing area for their four plants will be limited to their usual place of residence, indoors or outdoors, on a balcony, terrace or garden.

The legal prohibition on consuming and transporting cannabis or cannabis products in public will be maintained, and the trade in cannabis or cannabis products other than seeds, whether free of charge or for consideration, remains prohibited.

However, thanks to a relaxation of the law, the consumption and transport of a quantity of 3 grams or less will no longer be considered a criminal offence, but classified as a misdemeanour.

Fines would be reduced to just €25 for possession of less than 3 grams, compared with €251 to €2,500 today. «Above three grams, nothing changes, you'll be considered a dealer,» said Tamson. «Nothing changes for motorists either: zero tolerance is still the rule».

A first step

The current proposal is motivated by the desire to liberalize consumption and cultivation «within its own four walls». However, this measure is only the first step in a more fundamental re-regulation of the state's management of cannabis, designed to draw consumers away from the illegal market.

We were consulted by the Lux Govt (pre pandemic) in developing this policy; Homegrow is only a 'first step' in the transition to more comprehensive regulated production and retail. Although, as we've proposed, it will also continue as a parallel supply option alongside retail
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- Steve Rolles (@SteveTransform) October 22, 2021

A state-regulated production and distribution system is planned to guarantee product quality, with sales revenues to be invested «primarily in prevention, education and healthcare in the vast field of addiction», according to government sources.

The general framework for the revision of the law agreed two years ago in a coalition agreement between the Liberals, Social Democrats and Greens.