The Chamber of Deputies of Luxembourg approved a few days ago a new law concerning the personal use of recreational cannabis. It is the second country in Europe that legalizes the use, the possession, and the cultivation of recreational cannabis after Malta. In this way, Luxembourg puts an end to cannabis prohibition, legalizing its use even for recreational purposes.
Luxembourg follows the cannabis legalization pathway that Malta drew first in 2021, although the discussions started a couple of years ago. In 2021, the ministers of Justice and Homeland security of Luxemburg first proposed recreational cannabis legalization. After two years, the members of the Chamber of Deputies, halted cannabis prohibition by approving the law 8033. According to the new law, cannabis possession up to three grams is legal, and also cannabis cultivation up to four plants.
The Bill 8033 passed by Luxembourg Parliament explicitly forbids cannabis public and industrial use,allowing the personal use under conditions. According to the law, possession of up to three grams of recreational cannabis is punished with a fine or imprisonment.
The Minister of Justice, Sam Tamson, noted that cannabis prohibition was a 50 year failure drug policy, thus the new political approach to the issue. Green Party deputy, Josée Lorsché, said that cannabis legalization is not trivializing or promoting the matter, rather than putting an end to the black market and the punishments related to cannabis. Luxembourg Socialist Workers Party deputy, Dan Biancalana, stated that prohibition was not only an inhibitor factor in cannabis use, but also a total failure to the matter.
What does the law prescribe?
Luxembourg is the second state in Europe to legalize recreational cannabis use, while the discussion regarding the issue has started since cannabis legalization, in 2018.
38 deputies voted in favor of the bill, with 22 against.The parties that supported the approval of the Bill 8033 are DP, LSAP, Déi Gréng, déi Lénk and ADR. The law allows the citizens over 18 years old to cultivate up to four cannabis plants, if they are not visible from public spaces. The cultivation has to begin from the seed. According to the law 8033 there are fines prescribed for illegal cannabis possession. The cannabis law defines that cannabis or cannabis products consumption in public spaces is punished with fines between 25-500 euro. If someone possesses or transfers more than three grams of cannabis, risks a criminal prosecution from 8 days to 6 months and fines from 251-2500 euro.
This law may be the first step to further cannabis legalization, although there are harsh critics and the opposite opinions. Marc Goergen from the Pirate Party noted that this bill is “false legalization” because it doesn’t tackle the dealers on the streets.
Luxembourg is becoming the second country in Europe that draws the path toward cannabis legalization. Germany seems to follow the example, while the discussions are under progress. In attendance to see how cannabis legalization will proceed also in Greece.