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1921 Drug Act · 3 g prosecution directive
Updated July 2026

🌿 Can I possess cannabis in Belgium?

No
Quick answer

No — cannabis is illegal in Belgium; what exists is a tolerance directive, not a right. Possession of up to 3 grams or one female plant by an adult, without aggravating circumstances (no minors around, not in public view, no nuisance), receives the lowest prosecution priority: in practice often a simplified report or an immediate settlement of ±€120–200 for a first offence. But the law remains the law: police may always seize, municipalities and festivals opt out, and above 3 grams, for sales, or involving minors, classic criminal law takes over. In traffic: zero tolerance — saliva tests, licence withdrawal and heavy fines.

📋 The rules

  • Cannabis is illegal — the 3 g/1 plant directive is prosecution policy only
  • Tolerance only: 18+, ≤ 3 g or 1 plant, no aggravating circumstances
  • First offence: often a ±€120–200 settlement; repeats get costlier
  • Minors: zero tolerance — always a report and referral
  • Traffic: zero THC tolerance — saliva tests, possible licence withdrawal

🔓 Exceptions

  • Medical cannabis: only via very limited physician-bound channels (Sativex)
  • CBD products below 0.2–0.3 % THC: available under regulation
  • No tolerance in traffic and none for minors: it is zero there, whatever the quantity

⚠️ Penalties & fines

First offence, adult, no more than 3 grams: usually a simplified police report and an immediate settlement of about €120–200. Above 3 grams, for selling, or where minors are involved: criminal prosecution with fines and prison, and every repeat gets costlier and shifts into classic criminal law. The cannabis is seized either way. At festivals and in zero-tolerance municipalities the directive does not apply: the fine lands straight away. And behind the wheel there is no margin — a positive saliva test means a driving ban and heavy fines.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

So is 3 grams legal or not?

Not legal — it is merely the lowest prosecution priority for adults without aggravating circumstances. Police may always act, write a report and seize the cannabis on the spot. The directive grants you no right at all.

May I grow one plant?

One female plant falls under the same tolerance directive but stays punishable. The moment it is visible or causes nuisance the tolerance evaporates: prosecution follows, and the plant is seized.

What do I risk at a festival?

Many festivals and municipalities run zero tolerance with immediate settlements — the 3-gram directive simply does not apply there. Expect entrance checks and seizure, even for small amounts.

How strict is traffic enforcement?

Very strict: zero tolerance for THC, so any detected trace counts. A positive saliva test brings an immediate driving ban, a heavy fine and possible withdrawal of your licence. No quantity is tolerated at the wheel.

What if it is not my first offence?

Repeats get more expensive and move into classic criminal law: the low prosecution priority is aimed at a first offence without aggravating circumstances. Selling is criminal from the start.

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