Is CBD legal in Belgium?

No. In the Kanavape case (C-663/18), on 19 November 2020, the Court of Justice of the European Union ruled that CBD is not a narcotic drug under the 1961 UN Single Convention, even when it is extracted from the whole hemp plant. A member state may ban CBD lawfully produced in another EU country only if the ban is necessary and proportionate to protect public health.

Belgium's FPS Public Health also writes that CBD, unlike THC, has no psychoactive properties and is not addictive (cannabis FAQ for consumers, May 2026). Still, it is not the substance that decides a product's status, but the category the product falls into: food, cosmetic, medicine or a product for smoking. Each has its own rules and its own authority.

Belgium's rules on narcotics are set out in the royal decree of 6 September 2017. Its Article 4(2) prohibits growing the cannabis plant, with one exception: cultivation under the conditions of Regulation (EU) 2021/2115, the EU farm rules that since 1 January 2023 admit varieties with no more than 0.3 % THC. According to the Flemish expertise centre VAD (article of 26 June 2026), since an amendment to the decree that took effect on 1 June 2024 cannabis falls on the list of controlled substances only when its THC content is above 0.3 %. The limit used to be 0.2 %, which you still read on older websites.

Those 0.3 % concern the plant and the drug law, not every product. For food the limits are far stricter: hemp seed may hold at most 3 mg of THC per kg and hemp seed oil 7.5 mg per kg (FPS Public Health; Regulation (EU) 2023/915). For a finished oil or cream with CBD, the sources we checked set no separate numerical limit. That is why the figure that matters to a buyer is the one on the batch lab report: THC “not detected” or only traces.

In practice the question is not “CBD: yes or no” but “what kind of product is it”. The same extract can be allowed in a cream and not allowed in a capsule.

CBD added to food and food supplements is novel food under Regulation (EU) 2015/2283 and needs an EU authorisation. The FPS Public Health, on a page last updated on 1 September 2026, writes that CBD may not be placed on the market in any form as a food or food supplement, and that CBD products intended to be ingested are illegal, whether or not that use is stated on the pack. Its FAQ adds that synthetic CBD is banned in food too, and that a label such as “not suitable for consumption” does not get around the rules. On 9 February 2026 EFSA published a provisional safe level of about 2 mg of CBD a day for a 70 kg adult — a scientific assessment, not an authorisation. In May 2026 the FPS also reported that the risk assessment committee of the European Chemicals Agency (ECHA) recommends classifying CBD as toxic for reproduction; it therefore strongly advises against use during pregnancy, when trying to conceive and while breastfeeding.

CBD cosmetics fall under Regulation (EC) No 1223/2009, supplemented in Belgium by the royal decree of 17 July 2012: the CBD must not come from the flowering or fruiting tops of the plant, or it must be synthetic; the product has a responsible person in the EU and a safety report, and it is notified in the EU CPNP portal. In its final opinion of 24 April 2026 the EU Scientific Committee on Consumer Safety (SCCS) considered CBD safe in cosmetics up to 0.19 %; that limit has not yet been written into the Regulation.

Food made from hemp seeds — seeds, oil, flour, protein — is not novel food and may be sold in Belgium, provided the THC limits are met. Hemp leaves are not allowed in Belgium in tea or infusions, and hemp flowers are not allowed in food.

In Belgium a hemp flower meant for smoking is a “herbal product for smoking”, and the FPS Public Health counts these among the tobacco products covered by tobacco law (Tobacco: what the law says, updated on 4 February 2026). It follows that selling to anyone under 18 is prohibited, and the FPS states explicitly that the online sale and purchase of tobacco products is prohibited. The maker must notify each product in advance through the EU-CEG system, and according to VAD the file for a CBD smoking product must include a certificate of analysis showing a THC content below 0.3 %. Since 1 June 2026 these herbal products must also come in plain packaging, with a transition period for shops until 1 June 2027 (FPS, tobacco regulation). Calling the flower an “aroma sachet” or “potpourri” does not change this.

Since the royal decree of 14 March 2023, CBD pouches may not be placed on the Belgian market (FPS). For vapes, VAD reports that since 11 January 2024 an amendment to the royal decree of 28 October 2016 bans CBD from e-liquids altogether. The SCCS has not assessed inhaling CBD either.

Article 37bis of the Road Traffic Police Act punishes driving when a saliva or blood analysis shows THC at or above the legal level. The law names THC, not CBD — and a roadside saliva test looks for THC too. A full-spectrum product holds traces of THC; if you want to avoid them, choose broad spectrum or isolate with THC “not detected” on the report, although nobody can promise the result of a test.

In sport the rule is spelled out: CBD is not on the World Anti-Doping Agency's (WADA) prohibited list, but THC is. The risk is a product contaminated with THC, which is why an athlete looks at the batch report.

Before you order, go through these five questions. If a seller cannot answer them, you have reason to look elsewhere. A problem with a web shop can be reported to the FPS Economy, a problem with a product to the FPS Public Health.

• Does your batch have a lab report from an independent lab, with the same batch number as on the pack — not a “sample” one?
• Does the report show THC as “not detected” (ND) or only traces?
• Does the label state the product category and how to use it?
• Does the description talk about composition, or does it promise effects on health? The second is not allowed in the EU.
• Does the seller show its name, geographic address, contact details including e-mail and its company number on the site (Code of Economic Law, Art. XII.6)?

This article sums up the rules as we checked them on 25 October 2026 and does not replace advice from a lawyer. Where the sources do not settle a point, the answer depends on the product category and the competent authority. EU rules on novel food and CBD cosmetics are changing.