The world of cannabis is undergoing major changes. Between countries that are legalizing it, those that are testing medical cannabis, and those that remain opposed, here’s a brief overview of the latest cannabis news in Europe.
Luxembourg
Since July 21, 2023, Luxembourg has allowed its residents to grow their own cannabis plants. Under the law passed last June, up to four plants may be grown per residence, and the plants must not be visible from public roads. The labels on seeds sold must now also indicate the THC content, the country of origin, and the producer’s contact information.
Permitted in private areas
While cannabis cultivation is now legal, so is its use—but only in private spaces and without minors present. If these regulations are not followed, growers face fines of up to 250,000 euros.
As a result, the possession, use, or sale of cannabis in public places remains prohibited in Luxembourg. However, the law is more lenient for possession of less than 3 grams: Luxembourg residents face fines ranging from 25 to 500 euros. On the other hand, if the 3-gram threshold is exceeded, criminal prosecution may result in a prison sentence of up to 6 months and a fine of 2,500 euros. This distinction between personal use and a criminal offense is at the heart of current debates, particularly to avoid fines for possession of CBD or CBD-derived products when the legal THC thresholds are met.
Objective: To combat drug-related crime
What is the goal behind the measure, which was passed last June? “To combat crime related to drugs and the sale of cannabis on the black market,” explained Josée Lorsché, a member of the Green Party. She added that “this is not about trivializing or promoting cannabis.”
Justice Minister Sam Tanson, a member of the Green Party, emphasized that drug policy was an “utter failure,” which justified “daring to take a different approach and finding solutions.”
Luxembourg is the second EU country to legalize recreational cannabis, following Malta in 2012. As a reminder, Luxembourg residents may grow up to four plants, possess up to 50 grams of cannabis, and consume it only on private property.
In other Member States, the laws vary. Countries such as Portugal and Italy have legalized the use of cannabis, provided it is for personal use and in small quantities. Other countries, such as Spain and the Netherlands, tolerate its use, but contrary to popular belief, cannabis has not been legalized.
Switzerland
Following Basel, Zurich has become the second city in Switzerland to introduce regulated cannabis sales in pharmacies. The city of Zwingli is breaking new ground by making social clubs and drug information centers legally accessible.
In fact, since August 12, 2023, participants in a Zurich pilot program have been able to purchase five Swiss-quality organic cannabis products at ten pharmacies, six social clubs, and the city’s drug information center, according to the City of Zurich. Four additional products will be added to this selection at a later date.
So far, 1,200 people between the ages of 18 and 80 have signed up for the “Züri Can – Responsible Cannabis” pilot project, 80% of whom are men. The Zurich study is expected to last three years. In terms of the number of participants, it is the largest initiative of its kind in Switzerland. It focuses on cannabis use and the health impacts of regulated cannabis sales.
To participate, you must be of legal age, live in Zurich, and have been using cannabis for at least one year. Most participants from Zurich smoked cannabis two or more times a week. Every six months, each participant must fill out an online form about their cannabis use and changes in their health.
Role of Social Clubs
The city received numerous applications from social clubs wishing to participate in the project. It accepted 10 of the 34 applications. Only members of these clubs may present their study participant cards to purchase and consume cannabis products there.
This authorization is also required when purchasing cannabis at a pharmacy or at a medication information center.
Unlike the other partners in the pilot project, most of the selected social clubs rent smoking rooms. Program Director Barbara Burri explained to the media gathered at a press conference that these clubs wanted to serve as a true gathering place for their members.
Black-market price
The risk of reselling cannabis-based products as part of the pilot project is limited: their prices are in line with black-market prices. The price per gram ranges from 7 to 10 francs, depending on the THC content.
The canton of Basel-Stadt launched a similar study last December, but it involved significantly fewer “study participants.” Cannabis is, in fact, sold only in pharmacies.
Similar projects have been approved by the federations in Geneva, Lausanne, Bern, Biel, and Lucerne. However, they have not yet begun. Additional studies are planned in Olten (SO) and St. Gallen.
Czech Republic
The Czech president recently voiced support for the legalization of cannabis in the country and granted amnesty to people currently incarcerated for cannabis-related crimes.
President Pavel, who gave a one-hour interview to the media during the Meltingpot discussion forum at the Ostrava Festival of Colors, believes that research shows cannabis is much less harmful than other legal drugs.
He argued that it was necessary to consider regulation and raised the issue of amnesty for people currently incarcerated for cannabis-related offenses if such legislation were enacted.
According to President Pavel’s recorded remarks at the discussion forum: “According to several studies, cannabis is less harmful than other legal drugs. Arguments in favor of regulated legislation are inappropriate. If that were the case, it would make no sense for those convicted of cannabis-related offenses to remain in prison. It would be appropriate to grant them amnesty.”
President Pavel, on the other hand, insists on the need to reconsider the use of the presidential power of pardon, which had previously been delegated to the Ministry of Justice by his predecessor, Milos Zeman. He has also indicated in various statements that he intends to revoke all his pardon powers and has begun discussions on this matter with the Minister of Justice.
The president plans to use it primarily to correct miscarriages of justice and to address cases involving disproportionate sentences and significant humanitarian considerations.
Germany
On Wednesday, August 16, the Council of Ministers approved a bill authorizing the purchase and possession of cannabis. The bill still needs to be passed by Parliament, but opposition has already been voiced.
This could give cannabis users the green light. The German government is taking another step toward legalizing the recreational use of cannabis. Its goals are simple:
- combat the black market,
- reduce crime
- and protect consumers, especially the youngest among them.
“This is an important law that will mark a long-term turning point in German pharmaceutical policy,” said Health Minister Karl Lauterbach. He added, “We can tell the truth: drug use continues to rise, but there is no solution.”
However, consumption will still be regulated. You must be of legal age and may grow only three cannabis plants at home for your own use, with a limit of 25 grams per person. To be self-sufficient, consumers may also join nonprofit clubs, but these clubs may provide their members with only 25 grams per day, up to a maximum of 50 grams per month. The bill has yet to be debated and voted on by Parliament.
Portugal
In July 2023, the Portuguese Parliament approved certain amendments to Decree No. 94/96 of March 26, 1996, commonly known as the Narcotics Act.
The new law broadens the definition of personal use and no longer considers possession of more than 10 days’ worth of authorized consumption to be evidence of trafficking. This means that from now on, when the police seize drugs from users, they must prove that the drugs are intended for the illegal market—rather than for personal use—before they can charge them with “drug trafficking.”
In the week of July 28, the Portuguese government approved the final text of the new anti-drug law, which stemmed from a bill submitted to Parliament in March by a group of representatives drawn primarily from the Social Democratic Party (PSD). The law was approved by Parliament after some criticism from the judicial police and the Social Democratic Party itself.
However, the final version of the text is the result of a joint debate on the Social Democratic bill and the bill introduced by the Socialist Party (PS) in June, following an extended review by the Committee on Constitutional Affairs, Rights, Freedoms, and Guarantees.
France
France is at a critical juncture: pilot programs for the provision of medical cannabis are set to end next spring. While discussions continue to determine whether medical cannabis will be incorporated into general law or whether a new extension will be enacted, the upcoming Social Security Financing Bill (PLFSS) will be decisive—first and foremost for patients who have not responded to conventional treatments, but also for the future of the French cannabis industry.
For nearly three years, industry stakeholders have been working enthusiastically to lay the groundwork. Implementing safety systems to ensure the quality and safety of medicines is a complex and costly process. Many stakeholders from the agricultural, pharmaceutical, and industrial sectors have invented and developed cutting-edge technologies and manufacturing processes.
More than two years after the start of the French pilot program: France’s medical cannabis supply chain is finally ready. It is now able to meet patients’ needs, as well as the safety requirements for manufacturing sites and distribution centers.
While the post-pilot decision regarding 2021 launches is expected to be extended in the coming days, further extensions would be catastrophic—or limited patient access to treatments could spell the end of this promising and competitive French sector. Its creation addresses an urgent need for health sovereignty, the strategic importance of which was revealed by the COVID-19 crisis. Our country has all the necessary assets to excel at every level of the value chain, from research to production and distribution.
Conclusion
In summary, cannabis policy in Europe is undergoing a major shift, with countries such as Luxembourg, Switzerland, Germany, and Portugal exploring various approaches, ranging from legalization to stricter regulation. Recent changes aim to reduce crime, protect public health, and bring the law in line with current realities. The European debate on cannabis continues to evolve, reflecting a growing awareness of the social and health issues associated with it.