Is CBD legal in Belgium? As the heart of the European Union, with Brussels hosting many EU decision-makers, the country’s regulations on CBD are particularly significant. This means that Belgium is typically among the first countries to implement EU regulations, including those related to the legal status of CBD.
The regulation of CBD products is an evolving field, and Belgium’s attitude offers an interesting blend of tolerance and regulatory oversight. Recent legal adjustments in Belgium have created pathways for CBD oil use through medical prescriptions, reflecting a continuous shift towards acceptance. However, the regulatory environment of CBD oil in Belgium is complex, as national laws in Belgium regarding CBD oil do not entirely align with broader EU regulations.
The fast growth of the CBD industry often outdoes regulatory efforts, leading to legal statuses that can be outdated or non-productive. This scenario is also seen in Belgium, highlighting the challenges of keeping up with a fast-developing CBD market.
Recent parliamentary changes in Belgium have provided a legal framework for using CBD oil, making it essential to understand the nuances of CBD legality in the country.
What is CBD?
To understand the legal status of CBD in Belgium, it’s essential first to explain what CBD is.
CBD, short for cannabidiol, is one of the 113 known cannabinoids found in the hemp plant. It is important to recognize that CBD is derived from hemp. Unlike THC, another well-known cannabinoid, CBD does not have psychoactive effects, which means it does not cause a “high.”
CBD is associated with a variety of potential health benefits, including pain relief, anti-inflammatory properties, and anxiety reduction, making it a popular choice for therapeutic use.
Cannabis sativa plants are typically categorized into two major types: hemp and marijuana. Hemp contains higher concentrations of CBD and lower levels of THC, while marijuana has higher THC levels.
Is it legal to sell CBD in Belgium
Unlike most European countries where extracts containing CBD are legal and widely available, Belgium presents a unique challenge. New regulations have created a gray zone for selling different CBD products. Specifically, CBD extracts intended for consumption as dietary supplements or food additives cannot be legally sold or manufactured in Belgium. Only products designed for external use, such as hemp ointments, patches, creams, or cosmetics containing CBD, are legally permitted.
Interestingly, dried CBD buds containing less than 0.2% THC are theoretically allowed to be sold, provided they are not marketed for consumption. These products must carry a “product is not intended for consumption” notice on their packaging to avoid federal inspection. While the CBD buds can be used for smoking or vaporizing, such uses would technically violate Belgian law.
Navigating these regulations requires careful attention to compliance to successfully operate within the Belgian CBD market.
The legality of CBD in Belgium
In Belgium, CBD is legal provided that its THC content does not exceed 0.2%, and it is not marketed with any medical or therapeutic claims. This THC limit aligns with regulations in most European countries, ensuring consistency across the region.
Belgium permits the use and possession of CBD products under specific conditions to ensure compliance with the law. This still means that consumers can legally purchase and use CBD products, but they must be cautious about the product’s THC content and avoid any claims about its medical benefits.
All businesses have to ensure that all CBD products meet these requirements to avoid legal issues. By adhering to these regulations, you can successfully navigate the Belgian market and meet the growing demand for CBD products.
CBD legislation
CBD legislation in Belgium is constantly evolving, making it very important for businesses to stay updated with the latest regulatory changes. This is especially important for those planning to enter the CBD market in Belgium, as compliance with current regulations is essential for successful operations. Regularly reviewing legal updates and understanding the nuances of Belgian law can help avoid potential legal issues.
For those seeking to source a reputable CBD manufacturer, choosing established brands like Hempo Solutions is advisable. Here we are committed to providing high-quality CBD products while strictly adhering to legal standards. We also offer CBD business consultations to discuss individual needs and ensure that our clients are fully informed about compliance and market strategies, especially when it comes to entering markets like Belgium.
The legality of cannabis
In Belgium, cannabis is not legal for personal use – however, recreational cannabis use has been decriminalized. Individuals found in possession of less than 3 grams of cannabis typically face fines rather than prosecution, provided there are no disturbing circumstances. Additionally, the cultivation of one female cannabis plant for personal use is tolerated, leading to a rise in homegrown cannabis since the reform of Belgian laws in 2003.
Despite these allowances, growing larger quantities of cannabis or engaging in its sale or distribution remains illegal and can result in severe legal consequences. Interestingly, Belgium has seen the emergence of cannabis social clubs, where members collectively cultivate and harvest cannabis. While there have been legal proceedings against these clubs, they have been tolerated in recent years, operating without significant police interference.
Medical cannabis in Belgium
As scientific research continues to highlight the potential benefits of medical cannabis, the question of whether medicinal cannabis is legal in Belgium naturally arises. The prescription drug Sativex, which is based on THC and CBD, can be used to treat patients with multiple sclerosis. However, other cannabis-based medications are not yet utilized in Belgium.
Despite this limitation, there is growing advocacy for the legalization of medicinal cannabis, reflecting a hopeful attitude for its future in Belgium. This increasing support could lead to broader acceptance and integration of medical cannabis within the Belgian healthcare system.
For now, those interested in the medical use of cannabis in Belgium must navigate a complex legal landscape, relying primarily on Sativex for treatment. The evolving regulations and rising public support suggest that changes may be possible, potentially expanding the availability of medical cannabis and CBD products in Belgium.
CBD regulations in Belgium
The legal status of CBD in Belgium is indeed complex and can be quite confusing. Currently, CBD oil intended for external personal use is legally sold in pharmacies across Belgium. This includes products like creams, ointments, and cosmetics that contain CBD.
However, CBD oil cannot be sold as a medicinal product or as a food supplement under Belgian law. This restriction is largely due to the Novel Foods Regulation, which classifies CBD food supplements as novel foods that require authorization before entering the market. Unfortunately, Belgian authorities have not granted such authorization, leading to enforcement actions such as police raids on CBD stores and the confiscation of products for lab analysis.
This regulatory environment leaves the Belgian CBD oil industry in a challenging position. Belgium, once seen as a promising market for CBD comparable to Switzerland, now faces tense competition from other European countries that are quickly advancing their CBD markets.
Despite these challenges, it is important to note that hemp-derived CBD products are still permitted. This means that while the landscape is not entirely favorable, there are still opportunities for CBD businesses to operate within the legal framework in Belgium.
Buying CBD oil
For entrepreneurs entering the CBD market in Belgium, it is important not to limit your search to only Belgian manufacturers. While sourcing CBD locally has its advantages, the restrictive nature of Belgium’s CBD regulations means you might miss out on high-quality CBD products from other European countries. The freedom of movement within the EU allows you to import CBD oil and similar products from reputable CBD manufacturers across Europe like Hempo Solutions. This can be beneficial as we offer you a broader range of products that comply with EU standards.
When selecting suppliers, look for those with a strong reputation for quality and compliance with legal standards, including THC content below 0.2%. We ensure that by providing detailed certificates of analysis (CoAs) from third-party labs, confirming the purity and safety of our CBD products. Choosing us as your CBD supplier will ensure that you are offering high-quality, legal CBD products to your customers in Belgium.
Selling CBD oil
In Belgium, CBD oil for external use is usually sold in pharmacies throughout the country. All CBD products must not exceed the 0.2% THC threshold to avoid issues with Belgian authorities.
If you want to sell CBD oil in your own store in Belgium, you must avoid labeling your products as food supplements. Doing so could result in police raids and the confiscation of your products. Even without such labeling, many businesses report issues with authorities. To minimize these risks, structure your business around clear, consumer-friendly information about CBD oil that aligns with scientific research.
Hempo Solutions, a reputable German company, offers bulk sales of CBD products and ensures strict compliance with the law. As a trusted wholesale partner, we have extensive experience in the CBD industry. If you have questions about the bulk sale of CBD oil and other products, or about CBD regulations in Belgium, we can provide the necessary guidance.
CBD legality in Belgium: 2024 overview
As of 2024, the legal landscape for CBD in Belgium remains complex, reflecting a blend of regulatory restrictions and opportunities.
Despite these restrictions, there is a growing acceptance and demand for CBD products, driven by increasing consumer awareness of their potential benefits. It is essential to ensure that all CBD products comply with the 0.2% THC limit and are properly labeled to avoid being categorized as medicinal or food supplements, which could lead to legal complications.
Let’s take a closer look at the legality of different CBD products in Belgium once more.
CBD flowers (buds)
In Belgium, CBD-rich hemp flowers (buds) are authorized for sale, but only under specific conditions. These flowers must be subject to excise duty and have passed through a tax warehouse. Products subject to excise duty in Belgium include alcohol and alcoholic beverages, energy products and tobacco products.
Interestingly, CBD buds are the only legitimate CBD product in Belgium that falls under this category, being classified as “other smoking tobacco.” As such, it is subject to the same legislation as tobacco, encompassing tax obligations, packaging requirements, and other regulatory measures. This classification underscores the unique regulatory environment for CBD in Belgium, where CBD buds are regulated similarly to traditional tobacco products.
If you’re a CBD market entrant in Belgium, understanding these regulations is very important to ensure compliance and avoid potential legal issues. If you are, for example, planning to sell CBD buds, you must adhere to excise duty requirements and ensure that all CBD buds are processed through the appropriate tax warehouses.
Other CBD products
In Belgium, the legal status of various hemp derivatives containing CBD, such as sweets and herbal teas, remains undefined. While CBD oil is legal if it contains less than 0.2% THC, it must not be marketed as having therapeutic or medical benefits. This marks the strict limitations on the marketing of CBD products. Specifically, CBD products cannot be advertised as medicines, foods, or food supplements.
Furthermore, CBD products must be labeled as containing hemp seed oil or hemp extract, avoiding any claims about their health benefits. This careful labeling is important to comply with Belgian regulations and to prevent potential legal issues. Ensuring that all CBD products meet these strict criteria will help in navigating the complex legal landscape effectively and maintaining compliance with Belgian laws.
The bottom line
Here’s a quick overview of the most important points of the legal status of CBD in Belgium:
| Commercial hemp cultivation: hemp can be grown for commercial purposes, allowing for the production of hemp-derived CBD. |
| Medical cannabis: medical cannabis is legal but limited to treating multiple sclerosis with a prescription. |
| CBD oil: CBD oil is legal in Belgium only for external use and cannot be marketed as a food supplement. Any health or therapeutic claims are strictly prohibited. |
| Regulatory approval: CBD products sold in pharmacies or as medical marijuana must receive approval from the Federal Agency for Medicines and Health Products (famhp). |
| CBD products with low THC: CBD products containing THC below 0.2% and intended as food additives are regulated by the Federal Public Service for Health, Food Chain Safety, and the Environment. These products are not classified as narcotics but are considered “dangerous plants” per the Royal Decree of August 31, 2021, which disallows their marketing as foodstuff. |
If you wish to successfully navigate the Belgian CBD market effectively and ensure compliance with the law, please contact us for further assistance and more detailed information.