Banned drugs in Luxembourg

Cannabis, cocaine, amphetamines, ecstasy, LSD, magic mushrooms, heroin: all of these drugs are illegal in Luxembourg. This means that their use, possession, production and trade are prohibited and punishable by law.

The law and drugs

Luxembourg's legal framework in relation to drugs is based on the amended Law of 19 February 1973 on the sale of medicinal substances and the fight against drug addiction.

This text governs the production, consumption, possession, delivery, trade and dealing of controlled drugs.

A new law amending the 1973 legislation was introduced in 2001. For the first time, this law introduced the concept of different punishments according to the type of substance concerned. A distinction is made between cannabis and its derivatives on the one hand, and other controlled drugs on the other.

The 2001 law also introduced a reduction in the penalties imposed for simple consumption or possession for personal use of controlled drugs other than cannabis.

It also distinguishes according to:

• type of offence (simple consumption, consumption in the presence of minor(s), production, sale, etc.);
• professional status of the accused (doctors, teachers, etc.);
• where the offence is committed (inside or in proximity to schools, workplaces, prison, etc.).

The law and cannabis

In Luxembourg, cannabis is covered by specific legislation that is separate from the laws covering other illegal drugs.

Since 2001, there have no longer been any prison sentences for the simple consumption or possession of cannabis for personal use (penalties restricted to fines and administrative sanctions). In contrast, the sale, importation, cultivation and consumption of cannabis accompanied by aggravating circumstances, such as in the presence of or with minors, are punishable by prison sentences and very heavy fines.

Legal access to cannabis on medical grounds has been regulated in the Grand Duchy of Luxembourg since 2018. The relevant law, the 'Amended Law of 20 July 2018 revising the amended law of 19 February 1973 on the sale of medicinal substances and the fight against drug addiction', entered into force on 1 August 2018. The Grand Ducal Regulation of 21 August 2018 setting out the conditions for prescribing and accessing cannabis for medical purposes, and also the content and duration of special training for medical specialists, entered into force on 28 September 2018.

The law and drug addiction

The 2001 Act establishes a legal framework for substitution treatment for drug addiction. This covers the creation of injection rooms and other facilities duly approved by the Minister of Health with the aim of protecting users from the risks associated with drugs.

With this aim of reducing risks for illicit drug users, the Luxembourg government has introduced consumption rooms and needle distribution/exchange centres.