CBD legislation in Belgium in 2024

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

In Belgium, legislation on CBD is constantly evolving. Hemp and its derivatives are considered legal in Belgium, provided they contain no more than 0.2% of THC (TetraHydroCannabinol), the psychotropic compound in cannabis. However, legislation on the production and sale of CBD-based products is regulated by the Belgian public health authorities.

1. CBD and hemp flowers : subject to excise

CBD-rich hemp flowers are authorised, but only under certain conditions. They must be subject to excise duty and have passed through a tax warehouse. Excise duties are indirect taxes levied on the consumption or use of certain products, whether they are manufactured within the country, come from an EU Member State or are imported from a non-EU country. The products subject to excise duty are :

• alcohol and alcoholic beverages;
• energy products and electricity;
• tobacco products.

In Belgium, hemp flower is the only legitimate CBD product, categorised as "other smoking tobacco". It is subject to the same legislation as tobacco (tax, packaging, etc.).

2. Other CBD products awaiting status

Other hemp derivatives containing CBD (sweets, herbal teas, etc.) do not yet have a precise status, reflecting a grey area in the regulations.

3. Marketing restrictions

CBD products cannot be marketed as medicines, foods or food supplements, which underlines the strict limitations on their marketing.

4. CBD and Driving

It is important to note that as hemp with a high CBD content also contains THC (normally less than 0.2%), so the consumer may test positive for it. An analysis may be requested, but if a THC level of more than 0.2% is found, the very high cost of this analysis will be borne by the consumer.

Conclusion: stay informed

CBD legislation in Belgium is constantly evolving and it is 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 important to consult a doctor to discuss your individual possibilities and needs.

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