Drug use and possession
A user of illicit substance(s) other than cannabis risks between 8 days to 6 months imprisonment and/or a fine of €250-2,500.
Law decriminalised cannabis consumption in 2001 (as well as transportation, possession and acquisition for personal use). This means that the use of cannabis continues to be regarded as an illicit activity but the punishment will no longer include criminal sanctions. However, a user of cannabis may be sentenced to pay a fine €250-2,500. Prison sentences from 8 days to 6 months remain applicable, if cannabis use happens in front of minors, in schools or at the workplace. Penalties increase up to 2 years of imprisonment in case of adults using cannabis with minors and up to 5 years in case of medical doctors or pharmacists using cannabis in specific settings (e.g. prison, school, social services).
Intermediary acts to the consumption of cannabis such as acquisition, transport and possession of personal use (small quantity) are decriminalised. For other drugs, possession, acquisition, and transport for personal use can lead to penalties of imprisonment between 8 days and 6 months and/or a fine.
Trafficking and drug-related crime
The law explicitly does not foresee a difference between small-scale and large scale drug deals or distribution. Sentences range from 1 to 5 years imprisonment and/or a €125-125,000 fine. But between 1 and 5 years imprisonment and/or a fine from €500-1,250,000 are foreseen in case of illicit cultivation, production, fabrication, extract, import, export, sale and offer of type A and B drugs. (A-controlled drugs other than cannabis. B-cannabis and derivatives). A person having facilitated transaction of cannabis might be sentenced to a fine ranging from €250-25,000.
Special sentences are foreseen if the use of distributed or provided drugs had fatal consequences for the final user (15 to 20 years imprisonment and/or a €1,250-1,250,000 fine), or if the distributed drug has caused incurable diseases (i.e.: Hepatitis or HIV-contamination), mutilation, loss of an organ or incapacity to work (5 to 10 years imprisonment and/or a €1,250-1,250,000 fine). There is also provision for dealers and suppliers found guilty of providing drugs to people underage (life-long forced-labour imprisonment).
Prevention, care and treatment
The Court has the right to abandon pursuits of drug addicts who consent to undergo drug treatment. Even though a person has been found guilty, the examining magistrate or Youth magistrate in charge may also order a detoxification treatment on the culprit's request.
A further step towards prevention of drug-related risks and rapid health care intervention has been made by abandoning prosecution in case a drug user has taken all steps to seek immediately specialised help in order to assist a drug user in need (e.g. overdose). In case the assisting drug offender has committed an aggravated offence penalties will be reduced.
In regard to precursors, penalties range from 8 days to 5 months of imprisonment and fines from €62-124,000. Nevertheless, the law permits more serious penalties under criminal law. It provides, for example, imprisonment of 1-5 years and/or a fine of €500-1,250,000 for persons who have manufactured, transported, distributed or held materials, aware that they were to be or were being used in or for the illicit cultivation, production or manufacture of controlled narcotic, toxic or psychotropic substances.
It is forbidden to sell tobacco to anyone under the age of 16 as it is to smoke in any public places.
The legal drinking age in Luxembourg is 16. Drink-driving is strictly forbidden.