Cannabis law and legislation in Luxembourg

Pursuant to Article 30-2 of the law of 19 February 1973 on the sale of medicinal substances and the fight against drug addiction, as amended (the “1973 Law”), the use of cannabis for medical purposes is in principle authorised in Luxembourg but subject to conditions pertaining to (i) the medicinal cannabis itself, (ii) the prescribing doctor and (iii) the patient:

• Regarding the medicinal cannabis:  

Medicinal cannabis is defined under the 1973 Law as “the dried flowering tops of the plant with defined levels of tetrahydrocannabinol and cannabidiol, as well as all components and compounds derived from the cannabis plant, such as extracts, tinctures and oils of standardised and certified quality, obtained from a plant of the cannabis genus of standardised and certified quality, other than industrial hemp, approved by the Health Department for use for medical purposes”.

Only cannabis fulfilling such conditions may be prescribed for medicinal use.

• Regarding the prescribing doctor:

The cannabis prescription must be issued by a doctor practising in Luxembourg and who has received a specific training in the pharmacology of medicinal cannabis, its form of presentation, therapeutic indications and side effects, as well as the procedure and scientific basis for its prescription.

In addition to the above, medicinal cannabis may only be dispensed by hospital pharmacies.

• Regarding the patient:

Medicinal cannabis may only be prescribed to patients suffering from a serious, advanced or terminal illness, or an illness whose symptoms have a significant and lasting negative impact on his or her quality of life and which can be alleviated by the administration of medicinal cannabis, i.e.:

• serious, advanced or terminal illness causing chronic pain;
• cancers diseases treated with chemotherapy that cause nausea or vomiting;
• multiple sclerosis with symptomatic muscular spasticity.

In addition to the above, medicinal cannabis may only be prescribed to patients who are either:

• residents of the Grand Duchy of Luxembourg; or
• beneficiaries of the Luxembourg health insurance; or
• Luxembourg citizens. 

Luxembourg has adopted a new framework regarding recreational cannabis by way of a law of 10 July 2023 amending the 1973 Law (the “2023 Law”).

In this respect, the cultivation of up to four cannabis plants per domestic community (i.e. all persons living in the same household and with a common budget) is now permitted, provided that:

• the cultivation is carried out exclusively by a person over the age of 18;
• the seeds are labelled with the producer’s contact details, the number of seeds and a health warning;
• the plants are grown at the home or usual residence of a person above the age of 18;
• the plants are not visible from the public space.

The personal consumption of cannabis grown in accordance with the provisions above is also permitted for people above the age of 18, outside the view of persons under the age of 18.

However, several prohibitions remain applicable, such as e.g.:

• public consumption of cannabis;
• consumption of cannabis in the presence of a minor or inciting a minor to consume cannabis;
• production with a view to transfer to others; and
• sale, trafficking, etc.

Criminal sanctions may be imposed for cannabis-related offences including, (i) possession of more than four cannabis plants, (ii) failure to respect the place of cultivation, (iii) transporting, acquiring and illegally possessing quantities exceeding 3 grams of cannabis for personal use, (iv) facilitating use by others and (v) using cannabis with or in the presence of persons under the age of 18.

A reduced criminal fine has been introduced for (i) those who use cannabis illegally in any place other than their home or habitual residence, or (ii) those who illegally transport, hold or acquire, whether in return for payment or free of charge, a quantity of 3 grams or less of these substances, solely for their own personal use. The fine has been reduced from EUR 25 to EUR 500 and the possibility has been introduced of issuing a warning taxed at EUR 145 if the 3 grams threshold is not exceeded. 

Certain varieties of cannabis, containing very low levels of THC, are classified as industrial hemp and can therefore be used for industrial and commercial purposes.

Industrial hemp must meet certain conditions regarding its composition (i.e. the plant must have a THC content of less than 0.3 %) and import. In Luxembourg, industrial hemp can therefore be cultivated and used in numerous industrial sectors, subject to the conditions set out under European legislation. 

There is no strict prohibition on patenting cannabis-based inventions, provided that the invention meets the 4 conditions set out in the European Patent Convention (the “EPC”):

• an invention - an intellectual creation of a technical nature which solves a technical problem. It can take various forms (product, new application of a product, improvement, process, device, etc.);
• new - it does not form part of the state of the art;
• inventive - it is not obvious to a person skilled in the art;
• susceptible of industrial application - it can be made or used in any kind of industry.

Moreover, the EPC provides for exceptions to patentability:

• the invention is contrary to public order or morality. The fact that certain uses of cannabis are prohibited in certain countries does not prevent a cannabis-based invention from being legal and not contrary to public order;
• plant or animal varieties are not patentable. The cannabis plant as such is therefore not patentable, only cannabis-based inventions that meet the 4 criteria set out above are patentable;
• methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body are not patentable. This exception does not apply to products, in particular substances or compositions, for use in any of these methods. 

The 2023 Law is part of the 2018-2023 government’s coalition agreement on the recreational use of cannabis (the “Coalition Agreement”). This Coalition Agreement provides for the authorisation of the personal cultivation and consumption of cannabis, but also for the establishment of a state-controlled production and distribution chain to keep consumers away from the illicit market. In accordance with the Coalition Agreement, revenues from the sale of cannabis will then be reinvested in the general fight against addiction.

The 2023 Law is therefore the first step in the transition towards a legal access of cannabis and further innovations regarding recreational use of cannabis are intended to be set up.