After the partial legalization of cannabis in Luxembourg, concerns remain about legal uncertainties and the risks of accidents linked to consumption, particularly at work

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. In addition, the possession of a small amount of cannabis in public is no longer criminalized. This is a welcome development for consumers, but it does not eliminate all the legal issues raised by this situation.

Concerns about accidents at work under the influence 🚗💼

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

The major problem arises when it comes to driving. The Minister of Social Security has pointed out that if an accident occurs on the way to work, which is considered an accident at work, the concept of "gross negligence" could be applied to the employee in question. This could lead to a paradoxical situation where the driver is sanctioned 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 his or her 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 conditions varying depending on the contract.

Necessary thoughts 🤔💭

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

Cannabis and social security: a complex link 🚬🏥

The link between recreational cannabis and social security may seem complex. However, MP Sven Clement raised pertinent 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, has provided clarifications. As for accidents at work, the decision will depend on the specific case. If the employee was under the influence of cannabis at the time of the accident, the accident insurance could refuse to cover it. 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 can have legal consequences. If a high THC level is detected in the driver, the insurance company may refuse to cover the damage.

Uncertainties at home 🏠🤷‍♂️

Even at home, things can get complicated if you have an accident while under the influence of cannabis. The details of the coverage will depend on private insurance contracts, and the Department of Social Security cannot provide specific guidelines on this.

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

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