Drugs

Belgian law makes no distinction between hard and soft drugs. Instead, the law makes a distinction between personal and collective use of drugs. Drug use is not a criminal offense when it is used by an individual, but it is an offense when used collectively. Group use carries a penalty of three months to five years in prison and/or a fine. Acquisition and possession of drugs is an offense, which carries the same penalty as collective drug use. No distinction is made between possession for personal use and possession for trafficking. So, in theory, it is possible to have a small quantity of drugs for personal use and be charged with a trafficking offense. The penalty for trafficking is three months to five years imprisonment and a fine.

During the last years, Belgium has become more lenient in the law enforcement practices which is consistent with the general trend in Europe towards a more liberal drug policy. It remains illegal to possess and/or collectively consume marijuana, but the government has declared that cases of private possession and consumption will be the lowest priority of law enforcement.