A well-regulated legalization
Luxembourg has caused a surprise by becoming one of the first European countries to announce the legalization of cannabis use. As announced by Sam Tanson, Minister of Justice of the Grand Duchy of Luxembourg, the country is preparing to allow the consumption of cannabis in the private sphere, as well as its cultivation at home. However, not everything will be allowed, and the various ministers of the Luxembourg government (Justice, Home Affairs and Foreign Affairs) took care to explain precisely the framework of this legalization of cannabis in the country.
It will be permitted to:
- Grow up to 4 cannabis plants per household (personal production and consumption)
- Buy or import cannabis seeds from brick-and-mortar stores or online
- Possess cannabis seeds whatever their THC (tetrahydrocannabinol) content
It will be prohibited to: consume cannabis in public
Update: the Chamber of Deputies adopted bill no. 8033 on June 28, 2023, and the law came into force on July 21, 2023 (Official Journal of the Grand Duchy of Luxembourg, legilux.public.lu). Adults may grow up to 4 plants per household, at their usual home and out of public view, for private use. Sale remains prohibited, and possession of small quantities in public places is still punishable by a fine.
What is the situation in other European countries?
In Europe, legislation varies from country to country: 9 states (including France) provide for fines of varying amounts for possession of small quantities of cannabis, while imprisonment is an option in 17 other countries. We are therefore far from harmonized legislation. Since then, Malta (December 2021) and then Germany (April 1, 2024, Consumer Cannabis Act) have also authorized, under conditions, cultivation and possession for personal use.
What is the situation in France?
In France, cannabis is the most widely used illegal psychoactive substance. Around 1.2 million people use it regularly. France is thus the fourth country in Europe for monthly consumption, behind the Czech Republic, Spain and Italy. As the French presidential elections approached, more and more voices were heard in favor of legalizing cannabis. Emmanuel Macron himself said he was in favor of this measure when he was a candidate in September 2016, saying "I believe that legalization has a form of effectiveness". As of October 2026, French law has not changed: cannabis use remains an offense (Article L3421-1 of the French Public Health Code, code de la santé publique, Legifrance), which may be penalized with a fixed criminal fine. Only products derived from authorized hemp varieties, with less than 0.3% THC, may be sold, flowers and leaves included (French Council of State, Conseil d'État, December 29, 2022, no. 444887). Will France follow Luxembourg one day?
