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Belgian regulations on CBD are constantly evolving. We take a closer look at the nuances that govern the use of hemp and its derivatives.
CBD legal in Belgium? Overview of legislation in 2024
Visit Belgiumthe hemp and its derivatives are considered legal provided they do not contain no more than 0.2% THC (Tetrahydrocannabinol), the psychotropic compound in cannabis. Legislation on the production and sale of CBD is supervised by the Belgian health public.
1. Hemp flowers : Smoking product
The flowers hemp, rich in CBD and low in THC (<0.2%) are authorised for sale, but under certain strict conditions. They are subject to excise and must have passed through a tax warehouse. Excise duties are indirect taxes that affect the consumption or theuse on certain products, whether manufactured domestically, sourced in an EU Member State or imported from outside the EU. The products subject to excise duty are :
- alcohol and alcoholic beverages;
- energy products and electricity;
- tobacco products.
In Belgium, the flower hemp is the only product containing CBD which has been legitimised by the authorities. It is classified as "other smoking tobacco". It is subject to the even legislation than tobacco (tax, packaging, etc.).
2. Food products containing CBD
Products containing CBD are banned from sale as food or food supplements in Belgium.
The law considers them to be "novel foods". The term "novel food" refers to foodstuffs or new food ingredients that were not used in significant quantities in human foodstuffs in the European Union before May 1997. Novel foods can only be marketed if they have been previously authorised at European level. Without this European authorisation, the use of a novel food in human nutrition is prohibited.
On the other hand hemp seed (not enriched with CBD) are authorised because it has been demonstrated that hemp seed and some of its derivatives (e.g. hemp seed oil, ground hemp seed, (partially) defatted hemp seed, hemp seed meal or 'hemp seed protein') were commonly used as foodstuffs in the European Union before 15 May 1997.
3. Medicines
Pharmacists can dispense authorised cannabis-based medicines on medical prescription. In Belgium, two cannabis-based medicines are authorised: Sativex® and Epidyolex® (not yet on the market).
Sativex® is a medicine authorised in Belgium based on a cannabis extract, containing delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD).
Treatment with Sativex® is indicated for the relief of symptoms in adult patients suffering from moderate to severe spasticity due to multiple sclerosis (MS):
- if they do not respond sufficiently to other treatments for spasticity ;
- and if their spasticity-related symptoms showed significant clinical improvement during an initial trial treatment.
Sativex® is only reimbursed :
and if the hospital pharmacist dispenses the drug.
For the patients mentioned above ;
they have obtained a medical prescription from a neurologist;
Conclusion: stay informed
In Belgium, the legislation is relatively strict around products containing CBD.
CBD legislation in Belgium is constantly evolving and it's important to keep up to date with the latest updates to ensure compliance with current regulations. If you wish to use CBD products in Belgium, it is advisable to choose reputable brands such as Cannavie, which are committed to providing quality products while complying with legal standards. We invite you to consult a healthcare professional to discuss your individual needs and the options available.
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