Luxembourg prepares to legalize recreational cannabis

In December 2018, Luxembourg's new government created a surprise by announcing in its program the legalization of recreational cannabis. Since then, the Ministries of Health and Justice have been slowly preparing for the reform, and are in contact with the Canadian and Dutch authorities. At the same time, border countries such as France are preparing for the disruptive effects of this policy on regional control of illicit trafficking.

Exchanging views on legalization

Last month, two Canadian representatives from the Consumer Choice Agency travelled to the Grand Duchy to offer their advice on legalization. They came to warn Luxembourg's political decision-makers against certain errors in Canadian legalization that are currently disrupting the consumer and production market.

Their warnings These include taxes, which influence consumer behavior, and the ban on public consumption, which can lead to discrimination against tenants and people of limited means. They recommend moderate taxes and the introduction of public consumption areas such as the famous lounges in Alaska and Vegas.

The NGO's representatives also take a stand against the marketing restrictions of the «neutral package», which in their view encourages counterfeiting and deprives consumers of reference points. Finally, they recommend against the introduction of overly strict regulations: «A good regulatory regime ensures that supply can keep pace with demand, which is vital if consumers are to be diverted from the illegal market».

The two representatives did not speak directly with the Minister of Justice, Félix Braz, and the Minister of Health, Étienne Schneider, but the latter is due to travel to Canada soon to meet his counterpart and «get an idea on the spot». In any case, a Luxembourg working group is already working on the issue, without having any precise deadlines for the moment: «We'll take the time we need to do it properly,» said a spokeswoman for the Ministry of Health.

The government coalition agreement between the Liberals, the Social Democrats and the Greens provides for legalization within the next five years, with the establishment of a state monopoly on production and distribution through a Cannabis Agency. Tax revenues are to be channeled into addiction prevention and control.

Luxembourg covers an area of 2,600 square kilometers and shares borders with France, Belgium and Germany. These border regions are likely to be affected by legalization, and to see an upsurge in trafficking. «The exposure of border populations to cannabis, trafficking in these areas, police activity against narcotics, as well as the prevalence of use may statistically increase, along with their negative consequences on social justice, incarceration or public health,» writes Khalid Tinasti of the World Commission on Drug Policy (GCDP) in an article for Les Echos.

His opinion is shared by French and German police in the region. «The danger is relatively great that people will go to Luxembourg to buy their supplies and then come back here to consume them. There will certainly be more controls and more work», according to Stefan Döhn, police spokesman in Trier, a German border town. Le Républicain Lorrain reports the same concerns among French police: «What's happening in Luxembourg is simply disconcerting. In addition to diesel, alcohol and tobacco, people will now be coming back from Luxembourg with weed», said a police commissioner from the Meurthe-et-Moselle département.

In addition to the local market, the European cannabis market is likely to be transformed. Cannabis is the most widely consumed substance in Europe, with some three million daily users in the EU. «Luxembourg's new approach, if successful, will change the European illegal market, its trafficking routes, the quality of cannabis available, and will play a role in the selling price in these same neighboring countries», writes Khalid Tinasti.