Incertitudes après la légalisation du cannabis au Luxembourg - HerBeevor

Uncertainties after the legalization of cannabis in Luxembourg

Partial legalization and outstanding questions 🌱🏠

Luxembourg recently took a step towards legalizing cannabis by allowing home cultivation, with a maximum of four plants per household, for personal use. Additionally, possessing a small amount of cannabis in public is no longer criminalized. This progress pleases consumers, but it does not eliminate all the legal questions raised by this situation.

Concerns about work accidents under the influence 🚗💼

In a question to Parliament, MP Sven Clement raised concerns about workplace accident insurance for cannabis users. Let's imagine a scenario where a user has a blood THC level above 1 ng/ml, the legal limit for driving. Minister Claude Haagen rightly noted that the time required for this rate to decrease can extend over several days.

The major problem arises when it comes to getting behind the wheel. The Minister of Social Security stressed that if an accident occurs on the way to work, which is considered a work accident, the notion of "gross negligence" could be applied to the employee in question. This could lead to a paradoxical situation where the driver is penalized under the highway code, but cannot be compensated by his insurance.

Complexities in the world of work 👨‍💼🚧

For workplace accidents, things are more nuanced. In theory, an employee may be covered by accident insurance unless a doctor determines that their drug use contributed to the accident. This assessment is done on a case-by-case basis and becomes even more complicated when private insurance comes into play, with varying conditions depending on the contracts.

Reflections needed 🤔💭

These uncertainties could encourage regular cannabis consumers in Luxembourg to rethink their choices. While the partial legalization of cannabis opens up new opportunities, it also raises crucial questions regarding workplace safety and insurance coverage in the event of consumption-related incidents.

Cannabis and social security: a complex link 🚬🏥

The link between recreational cannabis and social security may seem complex. However, MP Sven Clement raised relevant questions about the liability of insurance companies, whether private or public, in the event of accidents involving people under the influence of cannabis.

Work accidents: case by case 💼🩹

Two months after the adoption of the law authorizing the cultivation and limited possession of cannabis, the Minister of Social Security, Claude Haagen, provided clarifications. Regarding workplace accidents, the decision will depend on the specific case. If the employee was under the influence of cannabis during the accident, the accident insurance could refuse coverage. However, the insurance must prove the employee's inappropriate behavior.

Liability in the event of road accidents 🚗🛑

The Minister of Justice has already warned of zero tolerance for driving under the influence of cannabis. In the event of a serious accident involving cannabis, the perpetrator may be considered guilty of "gross negligence", which may have legal consequences. If a high THC level is detected in the driver, the insurance may refuse to cover the damage.

Uncertainties at home 🏠🤷‍♂️

Even at home, things can get complicated in the event of an accident under the influence of cannabis. Coverage details will depend on private insurance contracts, and the Ministry of Social Security cannot provide precise guidelines on this subject.

In conclusion, the partial legalization of cannabis raises new questions and highlights the need for consumers and society to think carefully about the legal implications and potential risks associated with cannabis use. 🌿🤯

Back to blog

Our readers love:

1 of 25