Connect with us


Luxembourg Approves the Self-Cultivation of 4 Cannabis Plants per Household

Luxembourg’s Council of Ministers last Friday, June 10th, formally approved legislative changes allowing cannabis consumption in the private sphere and also the cultivation of four plants per residence. The measure is part of the Grand Duchy government’s Coalition Agreement 2018-2023, as part of a public health approach that provides legal access to cannabis.



Luxembourg is the latest European country to show signs of progression when it comes to its legislation regarding the legalization of recreational cannabis. The legislation is curious because it is based less on a commercial aspect, but with a particular focus on crime prevention. The project itself assumes to be “implementing, right now, a different approach to recreational cannabis” and has the purpose of fighting crimes related to cannabis trafficking horizontally.

And the project, which was a stated goal of the coalition that makes up the government, is now moving forward formally, after last Friday’s approval by the Council of State. The final legislation will still need to be published in Luxembourg’s Official Journal, which should happen next week.

Read more about the legalization of cannabis in Luxembourg and find the most important cannabis news of the day with the mobile app.

Luxembourg took 27 measures to fight crime

This draft law stems from a meeting in October 2021 between the Ministers of Internal Security, Justice, Health, National Education, Children and Youth, and Foreign and European Affairs. The Ministries presented at a joint press conference a coordinated package of 27 measures concerning the problem of drug-related crime, of which the legalization of cannabis is included.

It is precisely with a risk-reduction and crime-prevention approach that this measure makes the personal consumption of cannabis completely free provided it is limited to the private sphere. The cultivation of up to 4 cannabis plants at home per household community, exclusively from seeds, will be authorized.

Penalties and sanctions relating to the transportation and possession of cannabis will be decriminalized, with a maximum of 3 grams per person, notwithstanding the fact that consumption on public roads will remain prohibited and the “almost” zero tolerance of driving under the influence of cannabis (a limit of 1ng/ml of THC in blood has been established).

Authorization to trade cannabis seeds

In order to make the coming into force of the legislation a more expedient process, the government will also authorize the trade in cannabis seeds in the country, explaining that it would be inconsistent to legally allow the possession of four cannabis plants in the home, and keep the acquisition and possession of seeds, necessary for the cultivation of these plants, illegal.

It is not yet clear what restrictions and regulations apply to the production of cannabis by companies for later commercialization, and the initial project envisaged the creation of a market that would allow the production and purchase of cannabis to supply the needs of the inhabitants. Naturally regulated under state control in order to establish guarantees regarding the quality of the production and commercialization chain, the processes relating to production and commercialization authorizations remain to be defined. However, the revenue from cannabis sales already has a destination and will be invested primarily in prevention, awareness, and care in the vast field of addictive behavior, which makes us assume that it will flourish in the Grand Duchy.

Legal in the private sphere, decriminalized in the public sphere

The Luxembourg legal framework is especially interesting because it is close to the Portuguese model in its approach to the consumption and possession of cannabis on public roads, and the same can be said for offenses such as minor trafficking when the quantities are less than those established in the legislation (which in Portugal is 25 grams of weed, and in Luxembourg is limited to 3 grams).

The decriminalization foreseen for offenses of consumption, possession, and transport in public, as well as for acquisition, when the quantity in question is less than or equal to 3 grams, in the absence of evidence of sale or trafficking and/or other aggravating circumstances, will be replaced by a basic criminal fine of between 25 euros and 500 euros. However, there is the possibility of issuing a taxed warning of €145, if, and only if, the 3-gram limit is not exceeded, which when paid, suspends the criminal fine. However, this payment automatically constitutes waiving the 3 grams or less of cannabis, which must be handed over immediately to the police officer who issued the paid warning and which are then destroyed.

In amounts above the 3 gram limit, the offender is equated with a drug dealer. A warning is excluded, and the police officer must draw up an ordinary police report to be transmitted to the Public Prosecutor’s Office, and heavier criminal penalties may then be ordered, in accordance with the common law of criminal procedure.

Regarding minors, regardless of the amount of cannabis involved, the possibility of issuing a taxed warning is excluded, as in all other matters that provide for taxed warnings (e.g. and a minor does not have the legal capacity to compromise his rights.) The police, therefore, draw up, in any case, an occurrence report to be sent to the public prosecutor’s office and the common law procedures for the protection of minors apply.

In view of the elements of the case, the juvenile court judge will take appropriate diversionary measures, such as therapy or the obligation to follow the “Choice” program. The regulation deliberately places a greater emphasis on the protection of juveniles than on the prosecution of juveniles. With regard to consumption in the presence of minors or together with one or more minors, respectively at school, these are aggravating circumstances that are and will continue to be criminally punishable.


(Featured image by waldomiguez via Pixabay)

DISCLAIMER: This article was written by a third party contributor and does not reflect the opinion of Born2Invest, its management, staff or its associates. Please review our disclaimer for more information.

This article may include forward-looking statements. These forward-looking statements generally are identified by the words “believe,” “project,” “estimate,” “become,” “plan,” “will,” and similar expressions. These forward-looking statements involve known and unknown risks as well as uncertainties, including those discussed in the following cautionary statements and elsewhere in this article and on this site. Although the Company may believe that its expectations are based on reasonable assumptions, the actual results that the Company may achieve may differ materially from any forward-looking statements, which reflect the opinions of the management of the Company only as of the date hereof. Additionally, please make sure to read these important disclosures.

First published in CANNA REPORTER, a third-party contributor translated and adapted the article from the original. In case of discrepancy, the original will prevail.

Although we made reasonable efforts to provide accurate translations, some parts may be incorrect. Born2Invest assumes no responsibility for errors, omissions or ambiguities in the translations provided on this website. Any person or entity relying on translated content does so at their own risk. Born2Invest is not responsible for losses caused by such reliance on the accuracy or reliability of translated information. If you wish to report an error or inaccuracy in the translation, we encourage you to contact us.

Valerie Harrison is a mom of two who likes reporting about the world of finance. She learned about the value of investing at a young age upon taking over her family's textile business when she was just a teenager. Valerie's passion for writing can be traced back to working with an editorial team at her corporate job, where she spent significant time working on market analysis and stock market predictions. Her portfolio includes real estate funds, government bonds, and equities in emerging markets such as cannabis, artificial intelligence, and cryptocurrencies.