Cannabis in Belgium

[3] In June 2015, Maggie De Block signed a royal decree legalising certain uses of medical cannabis, which as of 2015 only include Sativex oral spray for multiple sclerosis.

[3][4] Cultivation continues to increase in popularity within the country, reaching such high levels that one study in 2015 found cannabis growth within Belgium to be ‘endemic’.

[3] While the small scale cultivation of cannabis for personal use is tolerated within Belgium, large-scale production, especially that which could be intended for distribution, is prohibited and can result in intervention by law enforcement authorities.

[12] The operation of such clubs within Belgium relies upon the existence of loopholes within the legislation pertaining to cannabis consumption, and Trekt Uw Plant has been involved in two court cases, although neither of them lead to formal conviction.

[12][11] The members of Trekt Uw Plant cultivated and harvested cannabis formally as a club for the first time in 2010, and has continued to do so ever since without any interference from law-enforcement authorities.

[12] A subdivision of Trekt Uw Plant based primarily in the northeast province of Limburg became an independent cannabis social club in April 2013.

[1][13] For instances where larger amounts are in possession, the details of the prosecution are dealt with on a case-by-case basis, leaving the boundaries of cultivation limits unclear.

[1][16] The concept of aggravating circumstances was introduced, allowing for prosecutors to distinguish in their convictions between drug-related crimes that were considered victimless (such as personal use in private property) and those that were seen as endangering of others (such as drug use in an environment with children).

[1] This was eventually rejected in favour of an extension of the Law of 29 June 1964 which gave prosecutors an increased ability to release minor offenders without charge by putting them on probation.

[1][13] The laws of 4 April 2003 and 3 May 2003, as we as the Royal Decree of 16 May 2003, implemented specific guidelines which distinguished the legal status and treatment of cannabis from other controlled substances.

[17] The rationale cited for this decision focused on the idea that legalisation would prevent young people from having to engage with a criminal network dominated by ‘mafia-like’ elements in order to acquire the substance.

[18] Since 2015, pharmacists and general practitioners in Belgium have been legally allowed to distribute “prepackaged” cannabis-based medicines, such as Sativex®, as well as cannabidiol (“CBD”) powder.