Is CBD legal in Belgium?
Short answer: yes, CBD is legal in Belgium, provided the products come from industrial hemp and comply with the authorised THC threshold. The Belgian framework is more formalistic than some of its neighbours', however: since the Royal Decree of 24 April 2024, the total THC threshold is set at 0.3%, and hemp flowers intended for smoking fall under the tobacco tax regime, with excise duties and a Belgian tax stamp on the packaging. Food products containing CBD remain subject to the European "Novel Food" authorisation, which the Belgian authorities apply strictly. Let's go through it, section by section.
The legal framework for CBD in Belgium
CBD (cannabidiol) is a non-psychotropic cannabinoid extracted from hemp (Cannabis sativa L.). In Belgium, CBD as such is not classified as a narcotic: it is THC, the psychotropic molecule in cannabis, that remains strictly controlled under drug legislation. In practice, products made from industrial hemp can be marketed when their total THC content does not exceed the authorised threshold, currently set at 0.3%. The exact status of a product then depends on its category: a CBD cosmetic, a smoking product or a foodstuff are not subject to the same rules, and the competent authorities differ — the FPS Public Health, the AFSCA (food chain agency) and the AFMPS (medicines agency). To understand the difference between the two molecules, see our guide CBD or THC: what are the differences.
What changed with the Royal Decree of 24 April 2024
For a long time, Belgium applied a threshold of 0.2% THC, inherited from a 2019 royal decree that had already allowed the sale of low-THC hemp flowers by treating them as smoking tobacco. The Royal Decree of 24 April 2024, published in the Moniteur belge and in force since 1 June 2024, aligned the country with the European reference: hemp flowering and fruiting tops can now be marketed if the sum of THC + THCA does not exceed 0.3%. The same text confirms the classification of flowers in the "other smoking tobacco" tax category. In other words, Belgium has not liberalised cannabis: it has clarified, category by category, the conditions under which compliant hemp products may circulate. The framework is therefore legal but demanding, and you should check the rules in force at the time of purchase.
CBD and "Novel Food": the case of edible products
At European level, foodstuffs containing extracted cannabidiol fall under Regulation (EU) 2015/2283 on novel foods ("Novel Food"), available on eur-lex.europa.eu. A food or food supplement containing CBD can only be placed on the market after an authorisation issued by the European Commission, based on a safety assessment — an authorisation that has not yet been granted for cannabidiol. Belgium applies this reading rigorously: the FPS Public Health points out that CBD "as a food" cannot be sold as long as this authorisation does not exist, and the AFSCA, the food chain agency, can have non-compliant foods and supplements withdrawn from the market. Only products made from hemp seeds (seed oil, flour), which contain no extracted CBD, escape this regime. The Belgian market therefore focuses on flowers, resins and cosmetics.
What about CBD flowers?
CBD flowers are the best-selling product on the Belgian market — and the most regulated. Considered smoking products, they are treated as tobacco for tax purposes: placing them on the Belgian market requires the payment of excise duties and the affixing of a tax stamp on the packaging, just like a packet of tobacco. Another point to watch: a compliant CBD flower looks almost identical to a THC-rich flower, and only a laboratory test can tell them apart. In the event of a check, it is therefore best to be able to show proof of purchase and, ideally, the product's certificate of analysis. The right reflex remains the same as elsewhere in Europe: compliant flowers (THC < 0.3%) tested by an independent laboratory, bought from a transparent seller, bearing in mind that enforcement practice may vary locally.
The European framework: the "Kanavape" ruling and free movement
The legal foundation of the European CBD market is the "Kanavape" ruling (case C-663/18), handed down by the Court of Justice of the European Union on 19 November 2020 and available on curia.europa.eu. The Court held that CBD extracted from the whole hemp plant is not a narcotic within the meaning of international conventions, and that a Member State cannot prohibit the marketing of CBD legally produced in another Member State, unless it demonstrates a real risk to public health. This principle of free movement of goods directly benefits Belgian consumers, who can order compliant CBD products from shops established elsewhere in the European Union. In France, by comparison, it is the decree of 30 December 2021 that sets the THC threshold at 0.3% (text available on legifrance.gouv.fr) — a threshold Belgium joined in 2024.
Buying CBD with peace of mind
All Golden CBD products are tested by an independent laboratory and contain less than 0.3% THC: products compliant with the European framework, shipped discreetly across Europe, Belgium included — just check the local rules in force, in particular the specific regime for flowers. Before any purchase, a few simple reflexes: check the stated THC content, consult the certificates of analysis, choose a seller who is transparent about the origin of the hemp, and avoid any product making therapeutic promises — CBD is about well-being and relaxation, not medicine. To learn more about shipping, see our article CBD legality and delivery, then discover our flowers, our resins & hash and our best sellers.
FAQ — CBD and legality in Belgium
Is CBD legal in Belgium?
Yes. Products made from industrial hemp with a total THC content not exceeding 0.3% can be marketed. The exact regime depends on the product category: flowers are taxed like tobacco and CBD foodstuffs remain subject to the European "Novel Food" authorisation.
What is the authorised THC limit in Belgium?
0.3% total THC (THC + THCA) since the Royal Decree of 24 April 2024, in force since 1 June 2024. The threshold previously applied was 0.2%.
Why do CBD flowers carry a tax stamp in Belgium?
Because they are treated as smoking tobacco: their sale in Belgium is subject to excise duties and the affixing of a tax stamp on the packaging, as for tobacco.
Does CBD get you high?
No. CBD is not psychotropic, unlike THC. It does not produce a "high".
Can you get CBD delivered in Belgium?
Yes. Thanks to the principle of free movement confirmed by the CJEU "Kanavape" ruling (C-663/18), Golden CBD ships its compliant products (THC < 0.3%, laboratory tested) across Europe, discreetly. Check the local rules in force, especially for flowers.
Can the regulations change?
Yes. The THC threshold already changed in 2024 and the European "Novel Food" framework is under review. Always check the rules in force before buying.
General information, up to date at the time of publication; it does not constitute legal advice. Regulations change: check the local rules in force. CBD is not a medicine and does not replace medical advice. Product reserved for adults.
