Luxembourg: Medical Cannabis - law proposal

solutions · 11-25-2004, 02:12 PM

On 26 October 2004 the State Council of Luxembourg proposed a law to make cannabis based medicines available. The council suggests that a program for the distribution of these drugs should be developed and that details on the medical indications should be precised.

source

Bill translated by Google:

Quote:

No 46.016 - Doc. parl. 5020

Private bill

founding a programme of delivery of drugs containing cannabinoïdes.

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Opinion of the Council of State
(October 26, 2004)

The private bill under heading was forwarded for opinion to the Council of State by a dispatch of the Prime Minister, Minister for State, September 4, 2002.

The private bill was accompanied by an explanatory memorandum and a comment of the articles.

By dispatch of November 15, 2002, the Council of State was seen transmitting by the minister to the Relations with the Parliament the standpoint of the Government.

According to the explanatory memorandum, the purpose of the private bill is "to give a clear statute to the delivery of drugs containing cannabinoïdes". For this purpose, the private bill, inspired by the Belgian legislation on the matter, tends to expressly exclude the consumers from drugs containing cannabinoïdes and the doctors prescribers as well as the pharmacists, from the framework of the people aimed by the amended law of February 19, 1973 concerning the sale of medicamentous substances and the fight against drug-addiction. The private bill also aims at instituting a programme of delivery of drugs containing cannabinoïdes and tends to specify in detail the therapeutic indications.

In its standpoint of November 15, 2002, the Government however recalled that, contrary to the premise being used as base with the private bill, the marketing of drugs containing cannabinoïdes is currently not prohibited, insofar as the amended law of February 9, 1973 above mentioned represses clearly only the illicit use of narcotics and to announce that many drugs contain substances aimed by the law of 1973, without for as much their use sells by auction with the fine therapeutic ones is not blamed.

The specific restrictions which, according to the private bill, should limit the use of drugs containing cannabinoïdes also do not justify, the current legal framework valid for all the medicamentous substances being considered to be completely satisfactory.

The Council of State joins with this standpoint, insofar as the private bill rests on an erroneous analysis of the legal framework currently into force.

For these reasons, the Council of State is exempted to analyze more in detail the articles of the private bill which it proposes to give up.

Thus deliberated at a plenary sitting, October 26, 2004.

The Secretary-general, The President,

S. Marc Besch S. Pierre Mores

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