Cannabis in Belgium

Last updated
The cannabis plant can be consumed in a variety of ways. Cannabis sativa plant (4).JPG
The cannabis plant can be consumed in a variety of ways.

Cannabis is one of the most popular controlled substances for cultivation and consumption within the country of Belgium. [1] [2] Following global trends, cannabis consumption rates in Belgium have been steadily increasing across the country since the 20th century, and cannabis cultivation continues to expand rapidly on a national scale. [2] [3] Despite significant legal rework of cannabis-related laws since 2010, certain elements of the consumption and cultivation of cannabis are considered to exist within a “legal grey area” of Belgian law. [4] Cannabis is technically illegal in Belgium, but personal possession has been decriminalised since 2003; [5] [2] adults over the age of 18 are allowed to possess up to 3 grams. [6] [7] The legal effort to restrict cultivation and growth has gradually subsided, resulting in an increase of the growth and consumption of cannabis and cannabis-related products. [3]

Contents

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. [8]

Growth

Prior to the 1990s there was very little cannabis cultivation within Belgium and the majority of cannabis consumed in the country had been imported from foreign growers. [3] In 2003, the cultivation of cannabis for personal use (one female plant) was made legal within Belgium. [9] Since then, an agricultural shift has occurred within which there has been a marked rise in the local growth of cannabis-related plants and a subsequent rapid decline in the importation of foreign cannabis plants. [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] The number of cannabis plants grown within Belgium increased by 440% in seven years, from 73,344 in 2006 to 396,758 in 2013. [3] Although Belgian legal bodies continue to target cannabis cultivation facilities, the activity has been assessed as of medium-low harm, and the majority of the harms that were identified are largely the product of criminalising policies and attempts to oppress cultivation. [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. The rise in cannabis cultivation on a national scale has led to an increase in the number of cannabis cultivation facilities dismantled by Belgian law enforcement, increasing from 35 in 2003, to 1212 in 2013. [3] The suppression of cannabis cultivation was categorised as high-priority in the National Security Plan of 2012-2015 and 2016-2019; concerns related to the marked increase in plantation-style growing, as well as a marked rise in violent activities and other forms of organised crime were cited as key reasons behind this decision. [3]

Currently, most of the cannabis cultivated in Belgium is exported to the Netherlands, and once there it can be sold commercially, consumed in coffee shops, or exported further onwards to third destinations, particularly the United Kingdom and Scandinavia. [2]

Consumption

Percentage of cannabis use amongst adults within European countries. The dates of the information for each country varies between 2015 and 2022. Cannabis use among adults (aged 15-64).svg
Percentage of cannabis use amongst adults within European countries. The dates of the information for each country varies between 2015 and 2022.

The consumption rates of cannabis in Belgium have gradually trended upwards since 2000, with the overall percentage of Belgians who consumed cannabis at least once per month increasing from 2.7% in 2001 to 4.3% in 2018. [10] The region of Belgium with the highest recorded use is Brussels-Capital, reporting a rate of monthly use of 8.2% in 2018. [10] This data aligns with the findings of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). [11] The marked increase has been attributed to the higher concentration of cannabis-selling shops and the rise of online based delivery services which have greatly increased the accessibility to cannabis in Belgium, particularly in the Brussels CBD region. [4]

Cannabis Social Clubs

Along with several other European countries, cannabis social clubs are rising in popularity in Belgium. [11] The first cannabis social club was Trekt Uw Plant, which was established in Antwerp in 2006 and is currently the most popular club. [12] [11] The structure and function of Belgian cannabis social clubs has been primarily modelled off of the highly successful Spanish cannabis social clubs. [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. The club named itself the Mambo Social Club, and is located officially in the city of Hasselt. [12] The Mambo Social Club has worked in tandem with Trekt Uw Plant to host workshops and information sessions designed to inform Belgian cannabis activists how to join, or create their own, cannabis social slub. [12]

Three more cannabis social clubs were founded in November 2013, primarily in the French-speaking community of Belgium. Ma Weed Perso was established in the city of Liège, WeedOut was established in the city of Andenne, and Sativa was established in the city of Namur. [12]

Legality

Unlike possession or distribution (selling), the personal use of controlled substances, including cannabis, is not illegal under Belgian law. [13] The possession First offence possession of cannabis for personal use is punishable only by a fine of up to 200 EUR, assuming there are no other aggravating circumstances present, making it legally distinguished from other illicit substances. [13] From 2005 full prosecution is enacted for cases of possession wherein the carried amount exceeds 3 grams, or aggravating circumstances are identified including ‘blatant’ possession in a public place or an environment where children might be present. [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. [13] [2] [4]

As a member of the United Nations (UN), the European Union (EU), and the European Council (EC), Belgian drug policy is affected by international treaties which prohibit the large-scale production, distribution, and trade of cannabis. [14] [1] In the previous and ongoing developments of its drug policy, Belgium has remained within the frameworks of international and European law. [1]

The majority of laws in Belgium relating to controlled substances and other narcotics date back to 24 February 1921. [1] The movement to criminalise drugs within the country was primarily influenced by policy changes internationally, and the global shift towards stricter control of drug substances. [15] From 1919 there was an observed rise of drug use within Belgium, specifically cocaine and morphine. [1] Although this was widely believed to be a direct consequence of the prohibition of the sale and public consumption of alcohol after the Law of 29 August 1919 (commonly referred to as the Vandervelde Law), experts now understand the rise in drug use to be a consequence of the devastation of World War I. [1] The Minister of Justice Emile Vandervelde, who led a widely successful campaign to prohibit alcohol use across the country in 1919, also advocated for a strong response to the use of other drugs than alcohol and directly instigated the drafting of the new Belgian Law of 24 February 1921. [15] [1] The doctrines of Adolphe Prins formed the basis of the first Belgian drug law of 1921, with the design of the law reflecting his push for restorative approaches towards criminal punishments. [15]

The first major revision of Belgian drug policy occurred in 1975, with the Law of 9 July 1975 that sought to address the growing concerns of judicial authorities that the punishment for drug use did not properly address the nature of the crime. [2] [1] The law was submitted by then Minister of Justice Alfons Vranckx (nl) alongside then Minister of Public Health Louis Nam che, with the primary purpose of the law being the allowance of stronger enforcement to prevent drug trafficking, although the law also included a public denunciation clause regarding the act of drug consumption. [1] [16] Under this law cannabis was classified alongside other illicit drugs and it remained prohibited to possess any amount of the substance. [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] [16] Vranckx questioned the purpose and effectiveness of punishing drug use, even investigating an alternative form of legal action by making drug treatment compulsory for convicted offenders. [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]

The second major revision of Belgian drug policy occurred in 1994, with the Law of 14 July 1994 that sought to distinguish the legal treatment of antiseptics and other toxic substances when compared to narcotics and psychotropic substances, which were deemed likely to cause addiction. [2] Cannabis remained under the general category of "controlled substance" and was not distinguished from other illicit drugs.

The Belgian government ceased all prosecution for personal consumption and growth of cannabis in 2001, with the understanding that it was not an inherently problematic activity. [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. [2] [13]

Legalisation efforts

Since 2001, the legal status cannabis within Belgium has been a growing area of political interest and debate. In 2019, the leader of the French-speaking Socialist Party, Elio Di Rupo, announced his party's plan to resubmit legislation which would legalise cannabis nationwide. [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. [17] This announcement was met with criticism an opposition party, the Christian democrats (cdH), with the party's leader, Catherine Fonck, stating that the cdH will do "everything possible to not include the legalization of cannabis (except therapeutic) in the federal government agreement." [17]

Medicinal cannabis

In Belgium, the use of cannabis for medicinal purposes is legal under specific circumstances, and is increasing in prevalence. [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 cannaboidal (“CBD”) powder. [18] It remains prohibited to dispense products or medication containing one or more tetrahydrocannabinols (“THC”), according to the Royal Decree of 11 June 2015. While the cultivation of cannabis remains a legal grey-area under Belgian law, individuals requiring medicinal cannabis are technically able to cultivate their own personal growth as long as they follow the restrictions outlined by the legislation of July 1 2019. [1]

Related Research Articles

<span class="mw-page-title-main">Drug policy of the Netherlands</span>

While recreational use, possession and trade of non-medicinal drugs described by the Opium Law are all technically illegal under Dutch law, official policy since the late 20th century has been to openly tolerate all recreational use while tolerating the other two under certain circumstances. This pragmatic approach was motivated by the idea that a drug-free Dutch society is unrealistic and unattainable, and efforts would be better spent trying to minimize harm caused by recreational drug use. As a result of this gedoogbeleid, the Netherlands is typically seen as much more tolerant of drugs than most other countries.

<span class="mw-page-title-main">Legality of cannabis</span> Legal status of cannabis by country

The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Since its descheduling in 2020, cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse.

The European Coalition for Just and Effective Drug Policies (ENCOD), originally European NGO Council On Drugs and development, is a network of European non-governmental organisations and citizens concerned with the impact of current international drug policies on the lives of the most affected sectors in Europe and the Global South. Since 1994 they have been working to advocate more just and effective drugs control policies, which include an integrated solution for all problems related to the global drugs phenomenon.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Cannabis Social Club</span> Non-profit industry model for recreational cannabis

A Cannabis Social Club (CSC), sometimes called Cannabis Club, Cannabis Association, or Teapad, is an industry model for regulated cannabis organised as non-profit cooperatives in which cannabis is cultivated, shared, and enjoyed collectively, usually for the purpose of relaxing or for social communion.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Cannabis in the United Kingdom</span> Use of cannabis in the United Kingdom

Cannabis in the United Kingdom is illegal for recreational use and is classified as a Class B drug. In 2004, the United Kingdom made cannabis a Class C drug with less severe penalties, but it was moved back to Class B in 2009. Medical use of cannabis, when prescribed by a registered specialist doctor, was legalised in November 2018.

<span class="mw-page-title-main">Cannabis in Australia</span> Recreational and medicinal drug use

Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2019, 36% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6% had used cannabis in the last 12 months.

The drug policy of Portugal, informally called the "drug strategy", was put in place in 2000, and came into effect in July 2001. Its purpose was to reduce the number of new HIV/AIDS cases in the country, as it was estimated around half of new cases came from injection drug use.

In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.

<span class="mw-page-title-main">Cannabis in India</span> Overview of the use and culture of cannabis in India

Cannabis in India has been known to be used at least as early as 2000 BCE. In Indian society, common terms for cannabis preparations include charas (resin), ganja (flower), and bhang, with Indian drinks such as bhang lassi and bhang thandai made from bhang being one of the most common legal uses.

<span class="mw-page-title-main">Cannabis in South Africa</span> Use of cannabis in South Africa

Cannabis in South Africa has been decriminalized for personal adult consumption in private by the Constitutional Court of South Africa. However, laws still prohibit its use outside of one's private dwelling as well as the buying and selling of cannabis. Regulations prohibiting the purchase of cannabis-containing products remain in effect, raising questions about the enforceability of the ruling.

<span class="mw-page-title-main">Cannabis in Denmark</span> Use of cannabis in Denmark

Cannabis in Denmark is illegal for recreational use, but medical use is allowed through a four-year pilot program initiated in January 2018.

<span class="mw-page-title-main">Cannabis in Germany</span> Legality, use and culture of cannabis in Germany

Cannabis in Germany is legal for certain limited medical contexts, but illegal for recreational usage, though possession of minor amounts is not always prosecuted. As of 2022, approximately 4 million adults in Germany use cannabis.

Cannabis in Cyprus is illegal for recreational use but legal for medical use.

Cannabis in Luxembourg is legal for recreational and medical use for adults under specific circumstances. A bill was passed in the country's parliament June 2023 to legalise the following for adults in Luxembourg: recreational possession, home-use of cannabis, and growing up to four cannabis plants per household. The law took effect on 21 July 2023.

Cannabis in Malta is legal, within limits, to grow, use, and possess for adults. In 2018, the Parliament of Malta legalised medical cannabis. On 14 December 2021, the Parliament of Malta legalised recreational cannabis for personal possession and use for those aged 18-years-old and over, becoming the first EU country to do so.

<span class="mw-page-title-main">Cannabis in the Netherlands</span> Use of cannabis in the Netherlands

Cannabis in the Netherlands is illegal, but is decriminalised for personal use. Recreational consumption of the drug is tolerated, and it is available in coffeeshops.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

Cannabis in Tajikistan is illegal with severe penalties for the production, sale, and possession of marijuana for medicinal or recreational purposes. Punishments include up to five years in prison for possession and capital punishment or 25-year sentence for sale.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Decorte, Tom (February 2019). "Cannabis Regulation in Europe: Country Report Belgium" (PDF). Transnational Institute.
  2. 1 2 3 4 5 6 7 8 "EMCDDA | Country Profile - Belgium". Emcdda.europa.eu. Archived from the original on 30 September 2018. Retrieved 6 December 2016.
  3. 1 2 3 4 5 6 7 8 9 Paoli, Letizia; Decorte, Tom; Kersten, Loes (March 2015). "Assessing the harms of cannabis cultivation in Belgium". International Journal of Drug Policy. 26 (3): 277–289. doi:10.1016/j.drugpo.2014.12.003. hdl: 1854/LU-3229068 . ISSN   0955-3959. PMID   25599596. S2CID   7767876.
  4. 1 2 3 4 Jennings, Katie; Deutsch, Jillian (26 March 2019). "Brussels' weed wave hits new high". POLITICO.
  5. ↑ Willm Mistral (27 June 2013). Emerging Perspectives on Substance Misuse. John Wiley & Sons. pp. 21–. ISBN   978-1-118-30662-8.
  6. ↑ Police fdrale - CGPR Webteam. "Federale politie - Police fdrale" . Retrieved 14 January 2015.
  7. ↑ Cannabis legal status vault – Belgium, Erowid.org, retrieved 17 February 2011
  8. ↑ "Medical cannabis plantation offers patients new perspectives - Flanders Today". www.flanderstoday.eu. Archived from the original on 25 March 2019. Retrieved 15 April 2018.
  9. ↑ Decorte, Tom (15 January 2019), "Characteristics of the cannabis market in Belgium", Drugs in Society, CRC Press, pp. 28–38, doi:10.4324/9781315382869-3, ISBN   978-1-315-38286-9, S2CID   168697611
  10. 1 2 "Belgium: regional evolution of monthly cannabis use 2001-2018". Statista. Retrieved 24 May 2020.
  11. 1 2 3 4 "National report 2009: Belgium | www.emcdda.europa.eu". www.emcdda.europa.eu. Retrieved 24 May 2020.
  12. 1 2 3 4 5 6 7 Decorte, Tom (1 February 2015). "Cannabis social clubs in Belgium: Organizational strengths and weaknesses, and threats to the model". International Journal of Drug Policy. 26 (2): 122–130. doi:10.1016/j.drugpo.2014.07.016. ISSN   0955-3959. PMID   25179934.
  13. 1 2 3 4 5 6 "Drug laws and drug law offences in Belgium 2019 | www.emcdda.europa.eu". www.emcdda.europa.eu. Retrieved 25 May 2020.
  14. ↑ Fijnaut, Fijnaut; De Ruyver, Brice (1 January 2015), "Bibliography", The Third Way, Brill | Nijhoff, pp. 211–227, doi:10.1163/9789004293199_008, ISBN   978-90-04-29319-9
  15. 1 2 3 Guillain, Christine (2003). "La politique pénale du gouvernement arc-en-ciel en matière de drogues". Courrier Hebdomadaire du CRISP. n° 1796 (11): 5. doi:10.3917/cris.1796.0005. ISSN   0008-9664.
  16. 1 2 3 Ruyver, B. de (Brice) (2002). Multidisciplinary drug policies and the UN drug treaties. Maklu. ISBN   90-6215-769-6. OCLC   54806462.
  17. 1 2 3 "Belgian socialist party wants to legalise marijuana". The Brussels Times. 14 May 2019. Retrieved 22 May 2020.
  18. 1 2 "Belgium – Cannabis for Medical Use – Update | Van Bael & Bellis". www.vbb.com. Retrieved 25 May 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.