The amended law of 19 February 1973 on the sale of medicinal substances and the fight against drug addiction prohibits both the sale and consumption in Luxembourg of drugs such as cannabis (hashish, marijuana), synthetic drugs (Ecstasy, speed, etc.), magic mushrooms (fungi), cocaine (cocaine, free-base, crack) and heroin.
It is therefore not only the sale of these products that is prohibited, but also their consumption. As a result, cannabis consumption, for example, is not a minor offence and will not go unpunished.
CANNABIS: PENALTIES STIPULATED
Offence |
Consumption, acquisition, carrying, possession |
Consumption in the presence of one or more minors |
Consumption with one or more minors |
Consumption in the workplace or at school |
Penalty |
A fine of up to €2,500 |
Imprisonment for up to 6 months and/or a fine of up to €2,500 |
Imprisonment for up to 2 years and/or a fine of up to €25,000 |
Imprisonment for up to 6 months and/or a fine of up to €2,500 |
OTHER DRUGS: PENALTIES STIPULATED
Offence |
Consumption, acquisition, carrying, possession |
Consumption in the presence of or with minors or in the workplace |
Consumption with one or more minors |
Consumption at school |
Consumption as a teacher/school employee |
Penalty |
Imprisonment for up to 6 months and/or a fine of up to €2,500 |
Imprisonment for up to 1 year and/or a fine of up to €12,500 |
Imprisonment for up to 5 years and/or a fine of up to €1,250,000 |
Imprisonment for up to 5 years and/or a fine of up to €250,000 |
Imprisonment for up to 5 years and/or a fine of up to €250,000 |
FURTHER POSSIBLE CONSEQUENCES:
- Expulsion from school;
- Dismissal;
- Seizing of vehicle or mobile phone;
- Searches;
- Refusal of authorisation to obtain a driving licence;
- Referral to a drug rehabilitation facility or centre;
- Entry on the criminal record.
CBD (Cannabidiol)
With regard to the various products containing cannabidiol (CBD), only those with a THC content below 0.3% are permitted under the Grand-Ducal Regulation of 26 March 1974 establishing the list of drugs.
CBD in smoking products:
- Use of the cannabis plant in herbal smoking products is only permitted if the product contains no trace of tobacco and if the THC level is below 0.3%.
- Pursuant to the amended law of 11 August 2006 on the fight against smoking, selling "herbal smoking products containing CBD" to persons under the age of 18 years is prohibited.
CBD in other products:
The use of ingredients derived from cannabis, such as cannabis resin, extracts and tinctures, or hemp or hemp resin, in cosmetic products is prohibited. Only industrial hemp seed oils with a THC level below 0.3% are legal.
Although the consumption of CBD cannabis with a THC level below 0.3% is permitted, it may affect the driving of vehicles or handling of machines. Depending on the quantity and frequency of CBD cannabis consumption, if the level of THC in the blood reaches or exceeds 1ng/ml, this constitutes an offence under the Luxembourg Highway Code.
CBD (Cannabidiol)
In regards to the various products containing cannabidiol (CBD), only those with a THC share of less than 0.3% are permitted according to the "Règlement grand-ducal du 26 mars 1974 établissant la liste des stupéfiants".
CBD as a smoking product:
- The use of the cannabis plant in herbal smoking products is only allowed if the product does not contain any tobacco and if the THC shre is below 0.3%.
- According to the amended Tobacco Control Act of 11 August 2006, it is forbidden to sell "herbal smoking products containing CBD" to persons under the age of 18.
CBD in other products:
The use of cannabis-derived ingredients such as cannabis resin, extracts and essences or hemp or hemp resin in cosmetic products is prohibited. Only hemp seed oils from an industrial plant with a THC share of less than 0.3% are legal.
Even if the consumption of CBD cannabis with a THC share of less than 0.3% is permitted, this can have an influence on a person's ability of driving vehicles or operating machinery. Depending on the amount and frequency of consumption of CBD cannabis, a THC level in the blood of 1 ng/ml or more might be reached, which in consequence would be considered as a criminal offence according to the Luxemburgish traffic regulations.