Cannabis law in Belgium

Cannabis remains illegal

Cannabis is not legal in Belgium. The basic drugs law is the law of 24 February 1921, which sets the penalties for dealing with narcotic and psychotropic substances [1]. A royal decree of 6 September 2017 places cannabis and THC under licensing and control measures, with exceptions only for legitimate medical use [2][4]. The FPS Justice states plainly that possessing or growing cannabis remains an offence punishable by a fine or a prison sentence [3].

The prosecution guideline: 3 grams or one plant

Belgium does not decriminalise cannabis, but a joint guideline from the Minister of Justice and the public prosecutors sets out how possession is handled [3][6]. Possession is given the “lowest priority” in prosecution policy when all of these conditions are met [3]:

• the person is an adult, aged 18 or over;
• the amount is for personal use, meaning at most 3 grams or one cultivated plant;
• there are no aggravating circumstances and no disturbance of public order.

In that case the police write a simplified report and send it to the public prosecutor, who can still decide to prosecute if he gives reasons [3]. Minors may not possess or use cannabis in any amount; the youth protection law applies to them [3].

This guideline is not legalisation. The offence stays on the books, and local prosecutors set their own practice within it. The Antwerp prosecutor’s office uses immediate settlements, with a fixed fine of 75 euros for cannabis caught on the public road [11]. From 1 January 2026, the Limburg prosecutor’s office no longer distinguishes cannabis from other illegal drugs and fines adults aged 24 and over on the spot when they are caught with drugs in public [12].

Home growing and cannabis social clubs

Growing cannabis plants that produce more than 0.3% THC is prohibited, and plants that are found must be seized and destroyed [6]. The FAMHP cannot issue a growing licence, not even for medical or scientific purposes [6]. The only exception is hemp at 0.3% THC or less, which farmers may grow in open ground with a licence from the regional authorities [6]. One plant for an adult’s own use falls under the low-priority rule described above [3].

Cannabis social clubs, where members grow collectively, have no legal framework in Belgium. The guideline only covers an individual adult with a small amount for personal use [3]. Clubs that formed in Antwerp and other cities have faced police action and court cases with mixed results, so they are not a tolerated route [13].

CBD and hemp products

Products that are not medicines and that contain CBD, or come from hemp or other parts of the plant with no more than 0.3% THC and THC acid, fall under the FPS Public Health rather than the medicines agency [4][7].

CBD flowers and other CBD products sold for smoking are allowed only as herbal products for smoking. According to the FAMHP, they must contain less than 0.3% THC, carry no therapeutic claims, be notified before they go on the market, carry health warnings and labelling, and bear a tax stamp, because they are treated as equivalent to smoking tobacco and are subject to excise duty [7]. CBD liquids for e-cigarettes are banned [7].

Because herbal smoking products fall under tobacco law, the same sales rules apply. Sale to anyone under 18 is banned, and sellers must check the age of anyone who looks under 25 [8]. The FPS Public Health also lists CBD pouches as banned, and states that tobacco products, a category that in its definition includes herbal smoking products, may not be sold or bought online [8].

Other CBD products follow their own rules. Foods or supplements with cannabis that claim a medical effect are not authorised as medicines and are sold illegally [4]. In cosmetics, CBD extracted from the flowering tops or the whole plant is prohibited, while CBD from stems and leaves or synthetic CBD is permitted [7].

Medical cannabis

Medical use is limited to specific authorised medicines [4]. Sativex, which contains THC and CBD, is currently the only cannabis-based speciality sold in Belgium. Epidyolex has a European marketing authorisation but is not on the Belgian market [4]. Pharmacists may also prepare and dispense pharmaceutical compounds based on CBD on a doctor’s prescription [5]. Belgian pharmacies may not dispense any other form of cannabis for medical purposes, and a royal decree of 11 June 2015 prohibits pharmacy preparations containing THC [4][5].

Seeds

The FAMHP states that possessing, using or trading cannabis seeds is punishable if they can grow into plants with more than 0.3% THC, and that importing such seeds is not permitted [6]. Seeds of hemp varieties below that limit are outside this ban.

Public use

Having cannabis in public places often falls outside the low-priority rule. Possession in a prison or youth institution, in or near a school (including bus stops or parks where pupils gather), or ostentatious possession in a public place counts as a disturbance of public order [3]. In those situations the guideline no longer applies, and some prosecutors’ offices impose on-the-spot fines for possession in public [11][12]. Smoking bans for tobacco, such as within 10 metres of school entrances, also cover herbal smoking products [8].

Driving

Belgium combines checks for outward signs of drug use with zero tolerance in principle; in practice a technical threshold is used to confirm a positive result [9]. Police first use a checklist of physical signs, then a saliva test, and a positive result is confirmed by a saliva analysis in an approved laboratory, which provides the legal evidence [9][10]. After a traffic accident, the saliva test is taken directly [10].

A positive saliva test leads to an immediate 12-hour driving ban, and the prosecutor can withdraw the licence for 15 days [10]. Penalties on a first conviction range from a fine of 1,600 to 16,000 euros and a driving ban of 8 days to 5 years [9][10]. Drivers who have held a licence for less than two years automatically receive a driving ban and must retake the test, and repeat offenders face higher fines and possible prison [10].

Where CBD can be bought

There is no legal place to buy cannabis in Belgium. CBD herbal smoking products may be sold by physical retailers that follow the tobacco rules on notification, labelling, tax stamps and age checks, but not online [7][8]. Sativex is available only through (hospital) pharmacies on prescription, and CBD pharmacy preparations only through pharmacies [4][5].