International - Belgium

Belgium - Data

(2004) "In 2004, the ‘National health interview survey’, carried out among the general population aged 15 years and older, included questions on cannabis use. Lifetime prevalence of cannabis was reported by 13 % of respondents aged 15–64, compared with 10.8 % reported in 2001. Overall, last year prevalence of cannabis use was reported by 5 % of respondents, with last year prevalence reported at 12 % for those aged 15–24 years and 11 % for those aged 25–34 years."

(2006) "The Health Behaviour in School-aged Children (HBSC) study was carried out in the Flemish community and in the French community in 2005–06, among a representative sample of students aged 12–18. In both communities, cannabis was the drug most frequently reported by students aged 15 and 18: 24.6 % (15–16 years) and 43.5 % (17–18 years) in the Flemish community, and 29.6 % (15–16 years) and 47.0 % (17–18 years) in the French community had used cannabis at least once in their lives. In 2005, compared to 2002, lifetime use of cannabis increased slightly in the age group 17–18, in both communities, but not in the age group 15–16."

(2007) "In 2007, the ESPAD survey was repeated among students aged 15–16 in the Flemish community. Lifetime prevalence of cannabis use was 24 %, being higher among boys (28 %) than girls (19 %). Regarding other drugs, lifetime prevalence was 8 % for inhalants, 5 % for ecstasy, 4 % for cocaine and 5 % for amphetamines. Last year prevalence of cannabis was 19 % and last month was 12 %."

(2007) "In 2007, an increase in the number of drug-related seizures for most of the drugs, namely cannabis, heroin, cocaine, amphetamines and ecstasy was reported when compared to 2006. Furthermore, in 2007 the quantity of seized heroin increased substantially, with a total of 270 kg in 2005, 176 kg in 2006 and a total of 548 kg in 2007. For amphetamines, a similar trend can be observed, with a total of 175 kg seized in 2005, 119 kg in 2006, and a total of 484 kg in 2007."

(2001) "The lifetime experiences of cannabis and XTC/amphetamines were reported by respectively 10.8% and 2.3 % of population aged between 15 to 64 years old. The last month prevalence of cannabis use was reported by 2.8% of this population and the last month prevalence of XTC was lower than 1%.

"Both prevalences of cannabis use are proportionally higher among men (respectively 13.3% and 4.1%) than women (respectively 8.3% and 1.6%). These gender differences appear also in the lifetime prevalence of ecstasy and/or amphetamines use (3.1% among men and 1.6% among women).

"The lifetime prevalence and the last month prevalence of cannabis use as well as XTC/amphetamines decreases appreciably with the age. The critical groups relate to the age groups between 15-24 and 25-34 years.

"The lifetime prevalence of cannabis use is more important among people with a high education diploma. The last month prevalence of cannabis and the lifetime prevalence of ecstasy and/or amphetamines uses are not influenced by the educational level."

(2000) "According to the results of the French Community survey in general adult population, a significant increasing trend is shown in the lifetime prevalence of cannabis use from 13% in 1996 to 22% in 2000. The last week prevalence of cannabis use among the 18-49 years is around 3% in 2000.

"A study based on 1997 data estimated the prevalence of intravenous users among the 15-64 years old to be to 0.35-0.42%.

"The prevalence of IDU [intravenous drug use] among HIV cases remains relatively stable since 1998: around 5 %. In 2000, the proportion of self-reported HIV-seropositivity among IVDUs demanding treatment was around 2-3 %. The prevalence of HBV infection amounts to 20-25 % and seems stable since 1998. Based on biological testing, around 40% of IDU’s patients have antibodies against hepatitis C.

"Regarding social and legal correlates, drug possession and personal use infringements represent 73% of all infringements related to narcotics in 2000. Cannabis is the most commonly involved drug of all drug related arrests.

"Globally, the number of drug seizures has increased in the nineties. The highest number of seizures of cannabis and XTC was recorded in 2000."

Belgium - Law and Policy

(harm reduction) "In 1995, the federal government formulated an action plan for illegal drugs, based on a health perspective and on the harm reduction philosophy. In the French Community, needle exchange programmes are implemented since 1994. In July 2000 in Flanders, the necessary legislative adaptations were made and in 2001 syringe exchange programmes were officially implemented. So far, in Belgium, no legal framework for methadone substitution exists. Methadone is, however, being prescribed throughout Belgium, through consensus reached amongst partners concerned (1987 and updated in 2000). In the Flemish region, most methadone (maintenance) programmes are being provided by low threshold drug services. In smaller towns and rural areas, if existing at all, methadone is being prescribed by GPs under the supervision of drug services. In certain urban areas the demand outweighs the availability of methadone (maintenance) programmes.

"In the French Community, access to methadone is provided by a broad range of services (low threshold services, GPs, outpatients specialised units, mental health facilities)."

"In the French Community harm reduction project are generally run by NGOs and some by the cities under the “security contracts” funded by the Ministry of Interior."

(law) "In Belgium, the legislative reform concerning the use of drugs and their possession for use took effect in June 2003 following the adoption of four new texts (⁴⁷). The underlying principle of this legislative reform is that the application of the criminal law as a response to illegal drug use should now constitute only a last resort. Cannabis use (possession of a quantity of cannabis that can be used on a single occasion or at most within 24 hours – i.e. 3 grams) will thus involve a police registration. The law provides that users shall be fined €75 to €125 for a first offence, or €130 to €250 for a repeat offence within a year of the first conviction. They may be sentenced to eight days’ to one month’s imprisonment and a fine of €250 to €500 in the event of a further offence in the same year. In the case of ‘public nuisance’ or ‘problem use’ (⁴⁸), a standard record (of the place, date and time of the relevant facts, type of substance and form of use) is drawn up and the substance is confiscated. For public nuisance stricter measures may also be imposed, such as three months’ to one year’s imprisonment and a fine of €5 000 to €500 000, or only one of these penalties. The law confirms that the possession and cultivation of cannabis remain offences, and provides for increased penalties for illicit production or trafficking. The law is based on the principle of deterrence from all drug use, including recreational use by adults. It is expressly stated that use by adults in the presence of minors will be treated more severely, with custodial penalties."

(law) "In Belgium, a change in the law and a new prosecution directive were enacted in the first half of 2003. Cannabis was differentiated from other illicit substances, and the two concepts of problem drug use and public nuisance were introduced. The new status of cannabis allowed the public prosecutor not to prosecute if there was no evidence of problematic drug use or of public nuisance. After the Constitutional Court found that these concepts were insufficiently defined, a new directive issued in February 2005 called for full prosecution only in cases involving disturbance of public order or other aggravating circumstances. This includes possession of cannabis in or near places where schoolchildren might gather and also ‘blatant’ possession in a public place or building.

"For drugs other than cannabis, Belgian law punishes possession, production, import, export, or sale by imprisonment for between three months and five years and/or a fine. There is no separate offence of ‘trafficking’, but the term of imprisonment may be increased to 15 or even 20 years in the event of specific aggravating circumstances."

Changes to the Narcotic Drug Act (24 February 1921)
"The major existing change in the legal framework, and probably the one most spoken of by politicians, media and others, are the modifications to the Narcotic Drug Act. These changes have been mentioned in two laws (of 4 April and 3 May 2003) and one royal decree (16 May 2003). An overview of the most important topics:
"• Incorporation of a Council Regulation (n° 3677/90), regulating substances that can be used to produce illicit substances (so-called “precursors”) into police authorities;
"• Drug use in group is not seen as punishable in se any more; instead, this will be changed to drug use in the presence of minors;
"• Cannabis gets a separate statute (defined as another “category”): the possession of an amount of cannabis, meant for personal use, by an adult (i.e. 18 years or older), without the presence of nuisance or problematic use will only lead to a registration by the police. In the case of nuisance, however, a punishment can be imposed of minimum three months up to one year of prison sentence and / or a fine of 1.000 to 100.000 euro (to be multiplied by 5, the revaluation factor)².
"• Commerce, production, export and importation of substances regulated by the Narcotic Drug Act remain forbidden, and maintain their original punishments.al punishments."

"A directive has been written by the Minister of Justice (16 May 2003) urging the Public Prosecutor to use a limit of 3 grams for cannabis possession or in case of plant a limit of 1 plant (or seed). In this case, on condition that there are no aggravating circumstances (like use in the presence of minors, public nuisance or problematic drug use), the police will only need to make a simple, anonymous registration of the facts."

"The Belgian federal ‘Drug policy note’ was adopted in 2001, and is not time-restricted. It is the first ever national drug strategy and covers both illicit and licit drugs (i.e. alcohol, tobacco and some medicines). The strategy’s main goal is to prevent and limit risks for drug users, their environment and for society as a whole. The Drug policy note takes a comprehensive approach and is based on three pillars: (1) prevention of drug consumption, (2) harm reduction, assistance and re-integration and (3) enforcement. It also envisages a system of coordination units on drugs at federal level represented by communities, regions and the federal state."

"In January 2001, the Government of Belgium released a Political Note in which it expressed the intention to modify the main drug law in order to make non-problematic use of cannabis non-punishable. The Note stated the intention that "The criminal judge will no longer interfere in the lives of people who use cannabis on a personal basis and who do not create harm or do not show dependence." a royal decree will be issued instructing prosecutors not to pursue people for possession of cannabis. The production, supply, sale and ownership of larger quantities will remain actively prosecuted, as will the use of cannabis which leads to 'unsociable behaviour'. Use and possession will still be prosecuted in cases involving minors, public nuisance, use in school premises, or in any place where the public order will be threatened."

On February 24, 2000, members of the Belgian Parliament made a proposal "modifying the law on drug of 24/02/1921 in order to partially decriminalize the possession of cannabis and its derivatives. The authors proposed that the positive right should be clarified. The prohibition policy against cannabis should be given up because a.o. its ineffectiveness. Nevertheless, the prosecutions against dealers should be continued and the drug use prevention efforts emphasized."

"In 1998, according to the decision of the Federal Parliament, a directive/circular modified the action of judicial authorities: a distinction was established between the possession of cannabis and other illegal drugs with non acceptable risk for health, and the access to needle exchange was made possible (the drug law itself - even regarding cannabis - was not changed)."