la Belgium is often portrayed as a country ahead of its time. At least in the case of our European neighbors, who are more hesitant about certain major social changes. She is therefore regularly cited for her love of freedom and her bold legislation on such sensitive issues as abortion, euthanasia, marriage for all or even medically assisted procreation. As a result of the races, it is often (wrongly) assumed that Belgium tolerates the use of cannabis. It is wrong. Or at least much more nuanced than that. This article provides an overview of those Cannabis legislation in Belgiumthe risks involved and the likelihood (or not) of legalization in the near future.
History of cannabis legislation in Belgium
Cannabis is not legal in Belgium
Since 1921, Belgium has experienced a series of laws, circulars and other ministerial directives on cannabis legislation that make the exact actual situation relatively unclear. The least that can be said is that both consumers and advocates navigate this issue in a mishmash of gray areas, between which a ray of light sometimes shines. Therefore, a small amount of grass (less than three grams) for personal use, as a rule, does not cause much harm to its owner. Let’s take a moment to go over the key pieces of Belgian law on the subject to better explain what you can do… and what’s better to avoid.
Important dates on cannabis legislation in Belgium
- Before 2003: Cannabis is illegal. Applicable law covers cultivation, marketing and consumption, whether for private use or not.
- 2003: A new law announces the abolition of the systematic reporting of consumption of less than three grams of hashish (resin and pollen). The cultivation of one female plant per consumer for personal use is also tolerated.
- 2005: A direct consequence of the displeasure of part of the political class with the relaxations enacted in 2003, a new ministerial directive stipulates that possession of cannabis for personal use on Belgian soil (always for a maximum of three grams) or the cultivation of a female plant must constitute the lowest level of the sanctions scale . Self-consumption is therefore weakly sanctioned… but sanctioned nonetheless! Logging is no longer anonymous. However, the so-called “simplified” reports are still preferred and do not result in seizures of cannabis. Understand: you are not allowed to possess cannabis, but if you do and you are arrested, you can keep it.
- 2018: Simplified ads (PVS) are always preferred, but the cannabis must also be confiscated.
Legalization of cannabis in Belgium: what is allowed and what is not
Small amounts of cannabis are tolerated by Belgian law
As I am sure you have understood, marijuana is not legal in Belgium. Still, Belgians (or foreigners on Belgian soil) who decide to smoke anyway can get away with it fairly easily if they take a few precautions:
- to be of legal age. Minors are not allowed to consume or possess cannabis, even in small amounts, otherwise they will be subject to proper reporting (and no PVS). In addition to reporting, the parents will be notified and the minor may be required to do community service.
- Do not have more than three grams of cannabis (flowers, resin or pollen) on itself, per person.
- Don’t grow more than one plant at home and, if necessary, ensure that this does not cause any disturbance to the neighborhood (smell, exposure to passers-by or neighbors, etc.).
- Not having a personal reserve from harvesting the same plant in excess of 90 grams, in a single container. As a direct result of the single plant policy, this personal reserve can of course only come from one and the same genetics. In case of doubt, the authorities reserve the right to carry out analytical investigations.
Finally, and the nuance is significant, the relative tolerance for small amounts applies only to Individuals without aggravating circumstances. They apply in the case of consumption and/or possession of cannabis in Belgium.
Aggravating Consequences
Several elements may prompt the Belgian authorities to tighten the penalties provided for small quantities. These include in particular:
- The detention in presence of minors,
- possession of cannabis in a educational establishment or a youth protection facility,
- Accommodation in a facility sports facility,
- The arrest on public highway or in a publicly accessible place,
- la possession of equipment that can be linked to the needs of drug trafficking (scales, bags, professional attachments, etc.),
- la Cannabis Marketing.
Sanctions related to possession, use or marketing of cannabis in Belgium
One plant is fine, two plants hello damage
personal use
The penalties for consumption (or possession) for personal use are relatively small:
- 15 to 25 euros fine the first time,
- 26 50 in euros in the event of a repeat offense within one year of the offence,
- 8 days to a month in prison sorted with 50 100 in euros fine for further infringement.
Big amount of
The type of penalty for a Belgian who does not fall within the scope of consumption for personal use can vary according to a number of criteria (amount of cannabis, presence or absence of a history, marketing or not, sale “simple” or transport organization for Example).
In the simplest and least serious cases, a dismissal is possible, ie the absence of sanctions. The prosecutor of the king (Belgium remains, let us remember, a kingdom) can also impose conditions leading to the dismissal of the case. A common condition is that weaning of the person affected.
The higher tier involves paying a fine, usually specified between 120 and 200 euros for a first offenceand between 200 and 400 euros in case of recurrence within one year of the first violation. If there is a new violation, the fine increases between 400 and 800 euros and is accompanied by a imprisonment from 8 days to a month.
Organized gang trafficking and other more serious crimes can obviously result in harsher penalties.
Then what about CBD cannabis?
As in the rest of the EU CBD cannabis is perfectly legal in Belgium. As long as the plant contains less than 0.3% THC and the strain belongs to genetics approved under European law, it is perfectly legal to buy and consume. It is therefore pointless to count on a possible legalization of cannabis in Belgium to take advantage of the calming and relaxing effects of cannabidiol. Especially since he can also prove to be the ally of choice when quitting cannabis THC !
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