Cannabis Laws in Belgium: What’s Legal and What’s Not

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Is Weed Legal in Belgium?

Cannabis laws in Belgium reflect a cautious and mixed approach. Recreational cannabis is illegal, but possession of small amounts for personal use is decriminalised under specific conditions. Medical cannabis is highly restricted, and cultivation or trafficking can still result in criminal prosecution.

Understanding the law depends on quantity, context, and whether the person involved is a minor or adult. Here's a full breakdown of what is—and isn’t—allowed in Belgium.

Recreational Cannabis: Illegal but Tolerated in Some Cases

Cannabis is officially illegal in Belgium, but since 2003, the government has adopted a tolerance policy for adults who possess small amounts for personal use.

What’s Tolerated?

  • Adults (18+) found with up to 3 grams of cannabis or one female cannabis plant may avoid criminal prosecution if:

    • The cannabis is for personal use

    • There are no aggravating factors (e.g., use near schools or involving minors)

    • They cooperate with authorities

Instead of criminal charges, users may receive a police warning or a simplified report, and in some cases, a small administrative fine.

What’s Still Illegal?

  • Possession over 3g or more than one plant can lead to criminal charges

  • Use or possession near schools or in public may result in harsher penalties

  • Sale, trafficking, or sharing cannabis is treated as a criminal offence and can lead to fines and prison sentences

In practice, enforcement varies depending on region and local policing priorities. Brussels and some cities may be more lenient, but the law remains national.

Medical Cannabis in Belgium

Medical cannabis is technically legal, but access is extremely limited.

  • Only one cannabis-based product—Sativex, a mouth spray used to treat multiple sclerosis-related spasticity—has been approved for use in Belgium.

  • Patients cannot obtain dried cannabis flower or THC oils through pharmacies.

  • CBD products with less than 0.2% THC are legal and widely sold, but they’re considered wellness products, not medicines.

Doctors in Belgium are not allowed to prescribe cannabis flower, and there’s no formal medical cannabis programme like those in Germany, Canada, or the Netherlands.

Patients seeking broader access to cannabis for medical reasons often look abroad or turn to the grey market, which remains legally risky.

Cultivation and Supply

Growing cannabis at home—even for personal use—is illegal, though the possession of one plant may be tolerated under the same rules as small-quantity possession.

  • Cultivating multiple plants, or cultivating with intent to distribute, is a criminal offence

  • Punishment can include fines and prison terms from 3 months to 5 years

  • Large-scale operations or trafficking networks face up to 20 years in severe cases

Cannabis for Industrial Use

Industrial hemp (low-THC cannabis) is legal in Belgium and regulated under EU law.

  • Hemp varieties must contain less than 0.2% THC

  • Used for textiles, food, building materials, and increasingly CBD extraction

  • Farmers need permission and must use certified seed strains

The CBD industry is growing in Belgium, but companies must follow strict labelling and advertising rules. CBD cannot be marketed as a medicine without approval from the Federal Agency for Medicines and Health Products (FAMHP).

Penalties for Cannabis Offences

1. Possession (up to 3g / 1 plant, first offence):

  • Usually a police warning

  • May include a fine (up to €200)

  • Confiscation of the cannabis

2. Possession with aggravating circumstances (e.g. near a school):

  • Criminal charge

  • Possible fine and prison sentence up to 1 year

3. Possession over 3g or trafficking:

  • Treated as a criminal offence

  • Punishable by prison (3 months to 5 years) and significant fines

4. Repeat offences or sale to minors:

  • Much harsher penalties

  • Can lead to long-term imprisonment and legal action

Public Opinion and Legal Reform

Public support for cannabis legalisation is growing, particularly among younger Belgians. However, political consensus is lacking, and major reform efforts have stalled.

  • In 2022, Belgium’s Federal Health Minister Frank Vandenbroucke rejected calls to legalise cannabis, stating it posed too many health risks.

  • Some political parties—such as Groen and DéFI—support decriminalisation or regulation, but the current federal government has not moved toward legalisation.

In Summary:

  • Cannabis is illegal in Belgium, but adults can possess up to 3g or one plant under a policy of limited tolerance.

  • Medical cannabis access is highly restricted—only one product (Sativex) is approved.

  • Cultivation, trafficking, and use in public places remain criminal offences with significant penalties.

  • CBD products with less than 0.2% THC are legal and available across the country.

Belgium’s cannabis policy is cautious and enforcement varies by region. For now, while personal use may not always lead to arrest, the law is clear: weed is still illegal.