Together with Switzerland, Belgium was once Europe’s
cannabis hub, and Brussels had some of the most well-stocked CBD stores you
could find.
However, in the last few years, the rapidly developing (and unregulated) CBD industry caught the authorities’ attention. After some recent regulatory changes, the Belgian government made CBD much harder to obtain.
What caused the restrictions on CBD?
Belgium is the cradle of the European Union (EU), and whenever EU regulations change, the Benelux country is among the first to experience them. In January 2018, the European Commission (EC) announced new guidance on novel foods.
The Novel Food Regulation controls the placement of novel foods on the European market, that is, foods that haven’t been regularly consumed in Europe before 1997.
Unfortunately, CBD falls under this guidance and is
subject to several strict regulations.
In this article, we’ll bring some clarity on Belgian
CBD laws and guide you through the process of purchasing CBD in Belgium
legally.
Summary: Buying CBD in
Belgium
CBD is regulated under European Union and Belgian national laws
CBD is stuck in the legal grey area in Belgium — laws are open for interpretation and involve separate implementation by the EU and Belgian government
The bureaucratic mess created some double standards — some businesses were forced to shut down, others continue to operate within the legal grey area
CBD is available at licensed pharmacies with a doctor’s prescription
CBD flowers with less than 0.2% THC are sold as tobacco products
If you import CBD in Belgium, customs may seize your product
Best CBD Oil Belgium
Number
Product
Total CBD
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Cost per mg CBD
Link
1
Nordic Oil Full-Spectrum CBD Oil With Curcumin & Piperine
Cannabis cultivation in Belgium started hundreds of
centuries ago. Many historical records indicate cannabis use in the 14th and
15th centuries.
Hemp has played a significant role in the daily life
of Belgians — people used it for clothing and shoes, ropes, and eat the seeds
as food.
Farmers perfected the processing of hemp fiber and
seeds in the middle ages — men farmed the hemp while women wove the strands and
extracted the seeds from the flower stalks.
There’s a famous museum in southern Belgium, called
Gaumais, where you can experience the life of Belgian families from the 19th
century and see how they grew and processed hemp. The history of hemp is
documented and presented in photos, papers, and machines people used to process
hemp.
Similar to many other countries throughout the world,
hemp was grown legally in Belgium until the 20th century. The 20th century is
known as the period of global propaganda against cannabis — primarily against
psychoactive marijuana plants. Hemp merely got caught in the crossfire.
In 1912, Belgium signed the International Opium Convention, agreeing to ban cannabis — including hemp. Following this change, hemp farms were almost completely eradicated between the two world wars.
However, after the Second World War, cannabis was imported to Belgium from Morocco, Afghanistan, Pakistan, Nepal, and India. The imports were illegal because cannabis still wasn’t allowed in Belgium. Cannabis use in Belgium increased during the 60s as a result of the cannabis culture in the neighboring Netherlands.
Today, laws around cannabis remain strict, but
personal possession of cannabis products is decriminalized.
As a member state of the EU, Belgium allows the cultivation of hemp under government control. Farmers need to have a permit before they can grow hemp plants on their land.
What
Is the Difference Between Hemp & Marijuana?
Hemp and marijuana are often equated — this has caused
a lot of trouble for hemp farmers. Although both plants belong to the Cannabis sativa species, they differ
significantly in their chemical profiles.
The most important difference between hemp and
marijuana is the tetrahydrocannabinol (THC) content. THC is known for producing
the psychoactive high in marijuana users, and hemp has been associated with it
wrongfully.
In Europe and Belgium, marijuana is considered to be any cannabis plant that contains more than 0.2% THC by weight. Products made from marijuana plants are illegal in Belgium.
Cannabis plants that contain less than 0.2% THC by weight are conversely classified as hemp. These plants can’t make the users high and are considered legal throughout most of Europe — except for Belgium. Here, only the fiber and seeds of the hemp plants are allowed to be processed.
Current Laws In Belgium: Is CBD Oil Legal?
Belgium surprised many when it tightened its laws on
CBD products. However, it’s not that it was completely unexpected, as most of
the EU’s institutions are anchored in Belgium’s capital.
Shortly after the European Commission (EC) introduced the Novel Food Regulation, Belgium authorities adjusted their laws following the new rule and banned CBD foods.
The Novel Food
Regulation classifies CBD as a novel food or food that has no history of
consumption in Europe before May 15, 1997.
Belgium’s new law was supposed to regulate the CBD
market, but instead caused a bigger mess and positioned CBD into an awkward
legal grey area. As there was no general ban on CBD products prior, national
regulatory bodies decided to “complement” the law with some additional rules.
Let’s explore what happened.
Belgian
Authorities: The Legal Mess and CBD
Right after the implementation of the novel food regulation, The Federal Public Service Finance (FPS Finance) declared that CBD flowers with a THC content lower than 0.2% would be taxed and sold as tobacco products. By law, you’re not allowed to use hemp flowers in teas or other edible products.
The bureaucratic mess continued with the amendments of the Federal Agency for Medicines and Health Products (FAHMP) — in August 2019, the health authority authorized pharmacies to sell CBD ointments, pills, and oil. Medical CBD can be purchased in pharmacies with a doctor’s prescription.
The dynamic change shook the CBD market in Belgium.
Many stores shut down, and others continue to operate within the legal grey
area, selling CBD as a product “not intended for human consumption.” Online CBD
stores are active on the market, but they’re not recognized as legal by authorities.
When it comes to CBD cosmetics and topicals, Belgian law doesn’t
say much. Under the EU cosmetics regulation, CBD can be used in cosmetics only
if it’s extracted from the hemp leaves (without the tops) and seeds.
Amidst the many laws, there’s also the International
Opium Convention, signed by Belgium in 1912. This law prohibits the sale and
use of hemp derivatives, regardless of the THC content. Throughout the years,
the law has changed several times, creating numerous loopholes that businesses
use to operate in the grey area.
NOTE: Although
officials have said that they consider online shops illegal, there are no clear
regulations imposed on brands that operate online.You
can order CBD online but customs could seize your product.
How is Hemp Cultivation Regulated
in Belgium?
In Belgium, hemp cultivation is allowed only if the
plant is approved by the EU and does not contain more than 0.2% THC. Farmers
can grow hemp for fiber and seeds for food, but they’re not permitted to
extract CBD.
Cultivation of marijuana is illegal, and the possession of up to 3 grams of cannabis, cannabis resin, or one plant for personal use was decriminalized in 2003. Fines on possession can vary from €75 to €125 for the first offense, and it doubles for subsequent offense. Selling any amount of cannabis could land you in jail for up to 5 years.
NOTE: Cannabis oil doesn’t fall under the exclusion “for personal use,” no matter how small the amount.
How to Buy CBD Products in
Belgium
The Belgian authorities keep the pot boiling, and it
seems the mess around CBD won’t end anytime soon. The market is extremely
unregulated, which leaves both retailers and customers confused and frustrated.
Currently, the only CBD products that are entirely legal are CBD flowers — available at tobacco shops, as well as CBD oils, capsules, and ointments — available at licensed pharmacies with a doctor’s prescription.
CBD edibles are
not legal, and other CBD products and supplements are hanging in legal limbo.
If you want to buy CBD in Belgium, gather some
patience and try not to get frustrated. Don’t let the chaos discourage you —
we’ll do our best to arm you with knowledge and tips on how to find
high-quality and legal CBD.
Buying CBD Online in Belgium
Belgium’s CBD market is like a giant puzzle with many
missing pieces. The laws are messy and lack transparency, and it seems it’ll
take time before the government seals the deal on CBD. Until then, you can shop
for CBD online, but you’ll have to follow several rules to avoid a dispute with
customs:
Look for CBD products that are not labeled as food. The Novel Food Regulation doesn’t allow CBD edibles, and customs will seize your CBD product if they consider it illegal.
Ask your retailer to provide you with a Certificate of Analysis. Reputable brands test their CBD products for purity and quality. Before you spend money on a CBD product, make sure it’s safe for consumption.
Avoid buying CBD with exaggerated health claims. CBD is not a cure for all ailments, although many retailers like to advertise it as such. If you bump into a CBD product with “spectacular” properties, they’re likely stretching the truth, and it’s not worth your time.
Use a mail forwarding service if the CBD company won’t ship directly to Belgium. These companies will allow you to order CBD products to an address in the UK or USA and have them forwarded to your address in Belgium.
5. Look for products that contain less than 0.2% THC. If you can’t find the THC content, don’t order that product. Keep looking until you’re sure it has no more than 0.2% THC in total.
Until recently, you could buy CBD in Belgium without
any hassle, but an overload of new laws shattered the market.
If you want to shop for CBD in Belgium, you’ll have to
be patient.
The grey area in which CBD fell after the novel food
rule (not that it wasn’t stuck in a loophole already) has complicated things
even more.
You shouldn’t purchase CBD edibles, and if you want to
buy any other CBD products, the best option is to do it online because there
are still no rules that entirely prohibit this.
However, keep in mind that authorities have said they
don’t consider online shopping legal (although it’s tolerated), and customs
could seize your product if they decide to do so.
On the bright side, you can buy CBD flowers with less
than 0.2% THC, and you can obtain a prescription from your doctor to buy CBD
from a licensed pharmacy. Besides Sativex, you can purchase CBD-based
magisterial preparations.
It’s a pity
that one of the most relaxed European CBD markets transformed into the complete
mess it is today.
We hope that things will change soon and that you’ll
be able to enjoy the Belgian CBD market in its full capacity once again.