BELGIAN CANNABIS LEGISLATION

The legislation on cannabis in Belgium is somewhat flexible (in comparison with other European countries). It can be approached from the following main angles: possession, consumption, cultivation and distribution.

POSSESSION AND USE OF CANNABIS

What do the regulations on the possession and / or consumption of cannabis stipulate in this country? Indeed, two laws on this substance have made a lot of talk. On the one hand, that of 2003. In fact, it allows to possess and / or consume a maximum of three grams. The condition being that the person is an adult. In other words, only individuals over the age of 18 are allowed to hold up to a maximum of 3g. However, there is a counterpart to this flexibility. Which one? Anyone possessing and / or consuming this substance must be the subject of an anonymous registration.

On the other hand, later, on February 1, 2005, with the new directive coming into force, things changed. In which way ? In the past (two years earlier), any adult having or consuming cannabis was registered anonymously. There is therefore a passage from this anonymity to real identification. From now on, it is compulsory to carry out a report for any finding. Still in this vein, several conditions, qualified as aggravating circumstances, are added. Which ones? They can be summarized as follows: the delimitation of places in which any possession or consumption of cannabis is prohibited. That said, it is forbidden to have or consume this substance: in a penitentiary or related institution; in a school and its surroundings; in a place accessible to the public (example: a hospital).

CANNABIS CULTIVATION

What about the cultivation of cannabis in Belgium ? In fact, it is the directive of February 1, 2005 which issues a restriction on the subject. For personal use, any adult can only grow one cannabis plant. In return, a report is immediately made when it is established.
It is important to specify, however, that this flexibility may vary by region. Some parts of the country tend to be more severe on this substance than others.

SALE OF CANNABIS

What about the distribution of cannabis / hemp in Belgium ? Therapeutic and cosmetic cannabis are in vogue in this country, as elsewhere. The pharmaceutical and cosmetic industries use it to manufacture their products. However, products should have a very low THC content, on the one hand to avoid certain side effects on users, and on the other hand in order to comply with European legislation imposing an equal or equal THC level. less than 0.2%.
Regarding therapeutic cannabis in Belgium ? A royal decree of June 2015, supplemented by a circular from the FAMHP of August 2019 specifies the criteria allowing pharmacists whether or not they can use a raw material contaminated by THC in a masterful preparation.

What about the regulation of CBD in Belgium  ? Legal vagueness has long prevailed in the territory … However, from April 2019, the federal public services (SPF = Federal Public Service) announced that CBD, also called in Belgium “cannabis light”, is considered “another tobacco to smoking ”and therefore subject to high excise duties. As such, CBD flowers are heavily taxed: in addition to 21% VAT, they are subject to 31.5% excise duty in addition to a special excise tax of 48 € / kg. So yes, CBD flowers are legal in Belgium, but at a very high market price.

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