No THC limit chosen to deter black market trade, explains Justice Minister

The text of the law is clear: it will now be permitted to have four cannabis plants in the home. There are no provisions on the size of the plants or the quantity harvested. While adults in a household can only consume and keep for themselves what they reap from the four plants, there are no limits on either the quantity of cannabis or the THC content.

Minister of Justice Sam Tanson pointed out that each plant is unique and no one can predict exactly how big it might turn out, how much it might yield, or how strong it might be. To prevent ambiguities during the review, however, and because we are in the field of criminal law where quantities must be precise, four plants was chosen as the limit instead of plant yield, Tanson said.

How will the police check whether a household grows more than four plants?

Overall, checks will be no different from the time before the law was passed when cultivation was completely banned.

There will be two procedures for a home inspection. First, the examining magistrate may order a home inspection if there is suspicion more plants are being grown. Such a home search is justified if someone is stopped with large quantities of cannabis. Second, if officers ring someone's doorbell for other reasons - for example due to a noise complaint - and they may discover more plants than the authorised limit, more thorough checks can be carried out.

There aren't many differences to potential police checks. The main difference is that, unlike before the law, possessing four cannabis plants is now legal.

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What about THC content? How strong can my plants be?

Despite numerous discussions on the subject before the law was drafted, it was decided that it is not advisable to set a limit on THC content of plants. The reason for this is that the government clearly wants people to have no incentive to resort to the black market.

People who have developed addictive behaviour might otherwise opt to illegally buy cannabis with a higher THC content if the law were to set a limit. Minister Tanson said: "There are people who already have an addiction problem today. And we would like to prevent these people from resorting to the black market because they would like or need a higher THC value."

Plants can only be grown from seeds, not cuttings

Seed labelling will be regulated, meaning that for instance a health warning must appear to indicate that smoking cannabis can have harmful effects, as with cigarettes.

Initially, plants can only be grown from seeds and not from cuttings. Cuttings are obtained from the mother plant and can be planted directly in the soil. The advantage of using cuttings is that cultivation is safer and, above all, quicker.

But, the government would like to observe the impact of the new legislation and so only cultivation from seed will be authorised in a first phase.

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What about penalties?

Penalties vary widely and depend on the offence in question.

It is forbidden to consume cannabis outside, without exception, says Tanson: "What is now possible thanks to the new text is that you can consume exclusively in your own home. You can't consume outside in the street or in the park. It's really intended to all play out in private at home."

If you are caught outside with less than 3 grams of cannabis, you will be issued a fine of €145. In this case, the cannabis will also be seized. If you are unable to pay immediately on the spot, the fine might be as high as €500 (this will also be the case if you fail to comply with the maximum limit of four plants per household).

If you own more plants, if you are caught selling cannabis, or if minors are involved, the penalties are much more severe: fines can reach €250,000 and you risk a prison sentence of up to five years. It is also forbidden to sell or simply offer cannabis to a third party at your home. The harvest from the crop is intended exclusively for the person who grows it, stressed Tanson.

However, it is clear to the politician that this will ultimately be extremely difficult to monitor: "It's not a question of controlling everything down to the smallest detail, it's not a question of the police going into every home. It's about putting in place a framework, where we say 'there are now different possibilities', but it has to take place in the home and it's not intended to be turned into a business, sell it to people, and absolutely not to supply it to minors."

Although Luxembourg is now seeking a way out of the repressive period, we cannot skip a number of stages, according to the Minister of Justice: "People will be able to grow and consume it at home in a strictly personal setting, so they won't have to transport it. Obviously, when the second phase arrives, where you can buy something in an outdoor location, we will have to adapt the text again with specific rules on how cannabis can be transported."

This will eventually raise a number of questions that will need to be clarified. For example, on the number of grams you can carry, and on how to know when and where you bought how many grams of cannabis, and whether what you have on you is actually cannabis that is subject to controlled sale. This challenge will have to be tackled by the next government, however.

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Cannabis crops must be concealed from view

The law stipulates that plants cannot be seen from the public, regardless of whether they are in the house or in the garden.

The law also stipulates that neighbours must not be able to see the plants from their property. The main aim here is to protect minors from the idea of picking cannabis. However, all that is required to comply with the law is for the plants to be screened from view.

The most lenient criminal law to be applied

If a person is involved in criminal proceedings for an act that no longer constitutes a criminal offence under the new law, the law that is most favourable to the citizen will apply. In this case, the new law rather than the old one will be applied. This is the general guideline applied by the courts.