Belgium’s drug laws

[Alfa]

BELGIUM: New package of drug laws enter into force(02/06/2003)
The new package of drug laws, and accompanying directive, are published in the legislative journal of Belgium and enter into force today.

One law creates a new system of cooperation for a global and integrated drugs policy. It establishes an interministerial conference to be held at least once a year, presided over by the Minister for Public Health, and a permanent co-ordination unit to assist the conference.

Two penal laws modify the main drug law of 24 February 1921, and a royal decree modifies earlier royal decrees accordingly. A binding ministerial Directive guides prosecutors on the new policy. Together, this means:

– Psychotropic substances and precursors are included in the scope of the 1921 law;
– Narcotic and psychotropic substances are now separated into two categories, namely cannabis and other substances;
– Penalties for possession of cannabis for personal use have changed;
– Use of drugs in a group is no longer considered a specific offence;
– Use of drugs in front of minors is introduced as a specific offence;
– The concept of judicial and health case-managers is established. These will follow the cases of problematic drug users through the court system and ensure that they receive the most appropriate treatment.

From now, an adult found in possession of up to 3g of dried cannabis plant or resin for personal use, without any aggravating circumstances or signs of problematic use, will receive a simple warning and a police fine of 15-25 euros. The same applies for possession of one cannabis plant in cultivation. Should the offender be found with cannabis again within one year, there will be a fine of 26-50 euros, and a third offence within a year of the second may result in imprisonment for 8 days - 1 month. Cannabis oil or cake cannot be interpreted as for personal use, no matter how small the amount.

If there is an element of public nuisance, such as smoking in the presence of minors, near schools or army barracks, the penalty will be from 3 months to 1 year in prison and/or a fine of €1000 - €100 000. If there is evidence of problematic use, the offender will be assigned a case manager by the prosecutor to receive appropriate therapeutic counselling.

In all cases, the substance will be confiscated.

Penalties for possession of other controlled substances, for any reason, remain the same; prison sentences of 3 months to 5 years.

[Swatje]

and nowthey even use more drugs than holland, by the test ratings





belgium scores pretty high, but thats just cuzthey go and rip it offtheir neighbours

[geordie]

i think the idea of having a bigger panalty for smoking around schools or minors is good. it will keep more people smoking in their own homes and we can emphasise (sp) the "i'm not harming anyone" argument.

[Alfa]

Tehy have always used more drugs then holland. Thats probably why they have adapted softer druglaws.

[Swatje]

yeah, we own

[dr ACE]

good to see more countries finally letting medical users have the choice of using cannabis if they want,why restrict peoplesaccess to the precious hard-to-find medicines they need.

[Alfa]

Legal Information for Belgium
The following herbs from our stock are illegal or somehow problematic to send to Belgium.

Catha edulis (Khat / Ikhambi tea)
Lophophora williamsii (Peyote)
Tabernanthe iboga (Iboga)
In Belgium, new laws are declared official when they appear in the Belgian Law Gazette (Moniteur Belge, Belgisch Staatsblad).
They are enacted by a so-called Royal Decree (Arrête Royal, Koninklijk Besluit).
Concerning the legislation of possession, use, trading and manufacturing of substances with psychotropic effects, there are three Royal Decrees (RD) one should take into consideration when (s)he lives in Belgium:

RD 24.02.1921 (and RD 09.07.1975)
RD 29.08.1997 (so-called Plant Decree)
RD 22.01.1998 (legislation of mainly so-called designer drugs).

The RDs summarized:

RD 29.08.1997 – This RD is sometimes nicknamed Plant Decree due to its content. Allow me to quote the reason of its enactment: […] Considering the urgent necessity motivated by the situation found after an examination by the Food Inspection (following a complaint from the General Secretariat of Prevention Policy), it was established that several sales outlets – so-called “smart-shops” – offer products by the name of “eco-drugs”, “smart-pills”, “energy-drinks”, “pep-drinks”, …, of which some have been prepared using potentially toxic plants. Suchlike products may cause grave harm to their consumers. This Royal Decree is indispensable to take quick legal actions when necessary, and to prohibit, confiscate and destroy these dangerous plants. […] To me, it is clear that my government didn’t like the Dutch smart shops and tried to prevent their spread into Belgium.

The Plant Decree contains four lists of regulated plants:



dangerous plants that are not allowed in or as foodstuff;

cultivated edible mushrooms;

wild edible mushrooms

plants of which notification has to be given if used in predosed form (pill, tablet, capsule etc.)

Summarized, the decree lists plants that are allowed or prohibited for consumption.

RD 22.01.1998 – This RD lists and categorizes several psychotropic substances that are strictly regulated. You can say that the categorization is mainly based on their (publicly accepted) medical application and usefulness. Compounds with no medically accepted use have the most restricted access (for instance MDMA, DMT, 2C-. This RD also lines out the stipulations one has to fulfill if (s)he wants a legal permit to possess, trade, use or manufacture one or more of the listed substances. For medicinal drugs, this usually means a medical instruction. For nonmedicinal drugs, you have to contact the Pharmaceutical Inspection. The latter is, off course, out the question for the ordinary man.


CACTI

RD 29.08.1997 makes it illegal to use the following cacti as foodstuff or to process them into foodstuff:


peyote (Anhalonium lewinii Hennig:

Lophophora wiliamsii (Lem. Ex Salm-Dyck) J.M. Coult);

Trichocereus spp.

RD 22.01.1998 makes it illegal to import, export, manufacture (I think this should be interpreted as “growing”, considering the nature of the “substance”), possess, trade or offering for sale, deliver or buy the following cacti:


Peyote

RD 22.01.1998 also regulates the possession of mescaline (in all its forms, e.g. hydrochloride and sulfate salts)

MUSHROOMS

RD 29.08.1997 contains two lists of mushrooms that are allowed for human consumption:


cultivated edible mushrooms;

wild edible mushrooms.

The decree states that unlisted mushrooms are not allowed for consumption (fresh, dried or processed with other ingredients).
Furthermore, it states that mushrooms should be sold in “a recognizable form”, which means that they shouldn’t be shredded into pieces after drying.
Mushrooms of interest allowed for consumption: Shiitake (Lentinula edodes (Berk.) Pegler).
Mushrooms of interest not taken up in the two lists: fly agaric (Amanita muscaria), himematsutake (Agaricus blazei) and all magic mushrooms.

RD 22.01.1998 makes it illegal to import, export, manufacture (I think this should be interpreted s “growing”, considering the nature of the “substance”), possess, trade or offering for sale, deliver or buy the following mushrooms: mushrooms with hallucinogenic properties, more specifically Stropharia, Conocybe and Psylocybe species.

RD 22.01.1998 also regulates the possession of psilocybine and psilocine (in all its forms, e.g. hydrochloride and sulfate salts, freebase etc.).

OTHER PLANT AND PLANT CONSTITUENTS:

RD 29.08.1997 contains many plants that are officially unfit for human consumption. The following plants are the ones to bear in mind when placing orders:


Anadenanthera spp.

Areca catechu L.

Artemisia absinthium L.

Brugmansia spp.

Brunfelsia spp.

Calea zacatechichi Schltdl.

Cannabis sativa L.

Catha edulis (Vahl) Forssk. Ex Endl.

Cestrum spp.

Chenopodium ambrosioides L.

Corynanthe spp.

Datura spp., Datura stramonium L,
Datura stramonium L. var. Tatula (L.) Torr.

Tatula L.

Dipteryx odorata (Aubl.) Willd.

Ephedra spp.

Heimia spp.

Hyoscyamus muticus L.,

Hyoscyamus niger L.,

Hyoscyamus spp.

Indigofera tinctoria L.

Ipomoea spp.

Lactuca virosa L.

Lobelia inflata L.

Mandragora officinarum L.

Mimosa spp.

Mucuna pruriens (= Dolichos pruriens L.)

Nymphaea alba L.

Papaver somniferum L.

Peganum harmala L.

Psychotria viridis Ruiz. Et Pav.

Rubia tinctorum L.

Ruta graveolens L.

Sassafras officinale Nees et Eberm. (Sassafras albidum)

Scutellaria spp.

Tabebuia spp.

Tabernanthe iboga Baill.

Turbina corymbosa (L.) Raf. (=Rivea corymbosa)

This list contains only those plants which are not allowed for consumption, not the ones which are allowed in predosed forms!

RD 22.01.1998 makes it illegal to import, export, manufacture, possess, trade or offering for sale, deliver or buy the following natural compounds:


tetrahydrocannabinol,

ibogaine (in all its forms, e.g. hydrochloride and sulfate salts).

EXAMPLES:

Here are some examples based on my interpretation of Belgian Law:

Q: I want to order a dried peyote cactus. Is that OK?
A: No, that would be absolutely illegal! Peyote cacti are considered “psychotropic substances” and possessing them (dried, fresh or still alive) would require a special permit.

Q: I want to make an ayahuaca brew with Syrian rue and Mimosa hostilis. Does Belgian Law allows me to do so?
A: No. You are not allowed to use Syrian rue (Peganum harmala) and M. hostilis as foodstuff, so that would be a first offense. Furthermore, your brew might contain DMT, which is listed as a restricted psychotropic substance and its use requires a special permit. You can, however, order Syrian rue and M. hostilis as long as you are not intending to eat them (or distribute them as or process them in food).

Q: Can I order poppy seeds, grow them in my ornamental garden and extract the alkaloids?
A: You can order poppy seeds and grow the plants, but you are not allowed to extract or use its alkaloids (if they contain restricted opiates as morphine, that is…).

Q: I want to grow some morning glories in my garden. Is that OK?
A: You can grow every morning glory you want, as long as you don’t consume its seeds.

Some usefull addresses:

Poison Control Centre (Antigifcentrum, Centre Antipoisons)
p/a Militair Hospitaal Koningin Astrid
Bruynstraat 1
1120 BRUSSELS
tel: 070/245.245
http://www.poisoncentre.be/

Belgisch Centrum voor Farmacotherapeutische Informatie (BCFI) - Centre Belge d'Information Pharmacothérapeutiaue (CBIP) (note: "Het Groene Boekje")
http://www.bcfi.be/ (Dutch)
http://www.cbip.be/ (French) [very good site for information concerning pharmaceuticals sold in Belgian pharmacies]

Ministry of Justice:
http://www.just.fgov.be/

Belgisch Staatsblad/Moniteur Belge/Belgian Law Gazette:
http://www.just.fgov.be/

Plant Decree:
http://www.just.fgov.be/
(click "Beeld" for the PDF)

List of Psychotropic substances:
http://www.just.fgov.be/
(click "Beeld" for the PDF)

With many thanks to Machi, for the contribution.

[noeticbuzz]

I hear that Belgium is the LSD haven of Europe, any truth to this?

[FrankenChrist]

Very useful posts alfa, Machi.

noeticbuzz: I never heard that one before.Edited by: FrankenChrist

[psilo]

hey..


i m from the north of france , very near from belgium...so i m often there.....lsd is easy findable in belgium...but i can t copare it with other country...(i think it s more easily findable in holland...but i just dont know...)

[oliwek]

Hello, everyone, I'm new on this forum


alfa,

concerning iboga and ibogaine and the belgian law :

it seems clear that ibogaine is forbidden, and that's illegal to eat the plant (tabernanthe iboga)

BUT : what isn't really clear :

-can you buy/import the plant and/or seeds?
-can you buy/import rootbark? (of course not to eat it : just for the wonderfull perfume, the subtile beauty, etc)



thanks

[Alfa]

There is a strong conflict between european national and european international law: the EU free trade treaty overrules belgium national law. In other words everything which is freely available in one EU state, is automaticly legal to trade in (and thus to buy) in belgium. For info on this see the mushrooms law info page: http://www.drugs-forum.com/magic-mushrooms-law.html
Thus you should be able to legally import Iboga from a EU country where it is legal. However, countries still have their own identity and refuse to give up easely. So in other words: even though it is legal to import you can still get into a problems with Belgian authorithies, because of Belgian law. If such problems arise, you should be able to clear those up, with the EU free trade treaty in your hands.

BTW: if you speak Dutch, check out the TV docu on Iboga that was in the news recently: Televisieuitzendingen en video