The world is changing. In a landmark move, Luxembourg as one of the smallest EU countries has passed the law to legalise marijuana. With 38:22 votes given, the members of parliament chose to allow for the private consumption and cultivation. State production chains and controlled sales are to be planned next. This comes as a result of the growing global acceptance of cannabis as a legitimate substance. By setting its course in this direction, the Benelux country also sends no insignificant signal to the ongoing debate in Germany.
With the law falling into place, adults will be allowed to cultivate and use recreational cannabis privately. It was in 2021 when the government made the first proposal to decriminalise marijuana, the responsible departments being the Ministry of Justice and Homeland Security. In 2019 it made the way for medicinal use. As per Minister of Justice, Sam Tanson, part of the Green party, the drug policy of the country was led by failing and therefore it was “time to take another path”.
.@SamTanson @ChambreLux vote de plusieurs textes:
👉loi sur les Asbl & fondations
👉loi concernant la vente de substances médicamenteuses & la lutte contre la toxicomanie
👉loi renforçant les effectifs de la justice administrative & la numérisation des procédures urgentes devant pic.twitter.com/XRT59aEfov— Ministère de la Justice (@MinJus_Lu) June 28, 2023
Not anyhow is it the promotion of cannabis itself, that the law had been adjusted, but the understanding for handling a non-stoppable movement by regulating markets, assure education and prevention and undermine the black-market. Cause only that also allows for controlled safe cannabis instead of products that not anyhow have gone through a verified process meeting defined criteria. Society decided for marijuana a long time ago, so it is only fair play to regulate in their sense also.
But sure some would not agree to that. The critics were mainly created by the opposition party, the Christian Social People’s Party. If it would be their choice, cannabis would stay in the ranking with drugs as known to this moment. One of their major arguments was that the law would violate international conventions. But that’s the advantage of democracy, that the majority decides.
CANNABIS WILL BE LEGAL – BUT NOT LEGAL
For now, the regulations falling in place will be pretty tight though. A maximum of four plants per household can be cultivated privately. They must be in a safe space that is unseen and inaccessible to the public. The consumption will also only be allowed privately.
The fines for carrying up to 3 grams of marijuana in public will be reduced to 25 – 500 Euros. Being caught with more than that, could possibly lead to criminal proceedings with up to 6 months imprisonment or a fine of 2500 euros. Pretty high considering the amount is limited to a bare minimum of cannabis.
Only as part of the second stage, it is planned that residents of Luxembourg shall then be able to purchase 30 grams monthly and 5 grams daily through 14 by the state defined points of sale.
It was actually the plan in the first place, to go for a legalisation that also allows for a regulated free-market. But there are EU regulations about cannabis and they are affecting not just Luxembourg´s plan and lead to highly restrictive versions of legalisation.
EU REGULATIONS ARE A BURDEN FOR A LEGALISATION AS WANTED
The EU law mainly did not consider the allowance of establishing legal markets for recreational cannabis use. And that changes not just the game but the extent of legislation within its member states. Also Germany in 2021 proposed an adaption of the cannabis law that was planned to open the market for selling marijuana products. But to do so, the risk the EU will take action due to the interference of violating international conventions is pretty much existing.
And once a law has been affected by that, the entire process of applying from the first step on possible frameworks to presenting a new draft would need to be re-started. Meaning an softened version would not even have a chance, but starting the law making process from really the beginning. So walking on the safe side of not creating such scenarios comes with implementing slim versions of legalisation with enormous restricted consumption and trade rules.
NOTHING’S GONNA STOP THE POPULARITY OF CANNABIS PRODUCTS
At that stage, it is to first things first and even a smooth legalisation comes with a great meaning. Because only no move will keep making us run in circles along the way to destigmatize the meaning of the green plant. It is yet another reaction to the increasing demand for CBD and marijuana products. Taking a more progressive approach to cannabis in recent years, recognizing its potential medicinal benefits and the need for evidence-based regulations.
The rise in popularity of CBD products, which contain less than 0.2% THC and have no psychoactive effects, has pushed the issue of cannabis regulation further into the mainstream. With Luxembourg now joining the list of EU countries to legalise cannabis, it remains to be seen how the EU framework will respond to this shift in policy. While some member states are pushing for reform, others are wary of opening the floodgates to widespread cannabis use. Nonetheless, with a growing body of evidence in support of its beneficial health properties, it seems likely that cannabis will become an increasingly prominent issue on the EU’s regulatory agenda in the years to come.
Moreover, even regulated legalisations will enable researchers and scientists to conduct further studies ultimately leading to a better understanding of its medicinal properties and potential therapeutic uses. So Luxembourg’s decision may influence neighbouring countries, such as our homebase Germany. The close proximity of the two countries could prompt Germany to accelerate its legalisation process.
LEGAL BUT REGULATED. PRETTY PLEASE.
While some may still be concerned about the potential health risks of cannabis, it is important to remember that the legalisation of cannabis in Luxembourg is intended to address the negative effects of its illegal use and create a regulated industry that is safe and accessible. As more countries
continue to frame regulations on cannabis, we may see more countries follow in Luxembourg’s footsteps and embrace the benefits that the legalisation can offer.
… and in case you are in Luxembourg, we are here too!
Photo: Kittyfly / Shutterstock
