Is Cannabis Legal in Belgium? | Legal Status Explained

Cannabis laws in Belgium are complex, with distinctions between recreational and medicinal use, as well as between personal and public consumption.

Recreational Use

In Belgium, cannabis is illegal for recreational use. However personal possession of up to 3 grams or one plant for personal use has been decriminalised for adults aged 18 and over. This means that while it is still technically illegal such possession is generally not prosecuted unless there are aggravating circumstances such as public nuisance or possession near schools. In practice individuals found with small amounts may face fines rather than criminal charges.

Cultivation of cannabis is also restricted. While growing one female plant for personal use is tolerated cultivating more than one plant is illegal and can lead to legal consequences.

Medicinal Use

Medical cannabis is legal in Belgium but is highly regulated. Since 2015 the use of cannabis-based medicines such as Sativex an oral spray for multiple sclerosis has been permitted. These medications are available only through a doctor's prescription and are dispensed in pharmacies. However the use of dried cannabis flowers for medicinal purposes is not legally allowed and there are no provisions for patients to cultivate their own cannabis.

CBD Products

CBD products are legal in Belgium as long as they contain no more than 0.2% THC. These products can be sold as cosmetics and are available in pharmacies, but cannot be marketed for ingestion or health benefits. The sale of CBD as a food supplement is prohibited, and products must not make health claims. Despite these restrictions, CBD products are widely available in stores and online, often labelled as “not for consumption.”

Hemp Cultivation

Cultivation of industrial hemp is legal provided the THC content does not exceed 0.3%. Farmers must obtain a permit from regional authorities to cultivate hemp commercially. Personal cultivation without proper authorisation is not permitted.

Legal Considerations

Smoking cannabis in public places is prohibited and can result in fines or other penalties. Importing cannabis products into Belgium, even for personal use, is illegal and can lead to confiscation and legal consequences. Enforcement of cannabis laws varies significantly between regions and police zones.

Cannabis Social Clubs

Cannabis Social Clubs (CSCs) exist in Belgium operating in a legal grey area. These non-profit associations allow members to collectively cultivate cannabis for personal use. While they are not officially recognised by the government some CSCs have operated without legal interference. However their activities remain technically illegal and their legal status is subject to change.

Summary

In Belgium cannabis is illegal for recreational use but personal possession of small amounts has been decriminalised. Medical cannabis is legal but strictly regulated and the use of dried cannabis flowers for medicinal purposes is not permitted. CBD products are legal under specific conditions primarily for external use. Cannabis Social Clubs operate in a legal grey area with their activities technically illegal but tolerated in some cases.