Cannabis in Belgium

Along with several other European countries, cannabis social clubs are rising in popularity in Belgium.[11] The first cannabis social club was Trekt Uw Plant, which was established in Antwerp in 2006 and is currently the most popular club.[12][11] The structure and function of Belgian cannabis social clubs has been primarily modelled off of the highly successful Spanish cannabis social clubs.[12] The operation of such clubs within Belgium relies upon the existence of loopholes within the legislation pertaining to cannabis consumption, and Trekt Uw Plant has been involved in two court cases, although neither of them lead to formal conviction.[12][11] The members of Trekt Uw Plant cultivated and harvested cannabis formally as a club for the first time in 2010, and has continued to do so ever since without any interference from law-enforcement authorities.[12]

A subdivision of Trekt Uw Plant based primarily in the northeast province of Limburgin became an independent cannabis social club in April 2013. The club named itself the Mambo Social Club, and is located officially in the city of Hasselt.[12] The Mambo Social Club has worked in tandem with Trekt Uw Plant to host workshops and information sessions designed to inform Belgian cannabis activists how to join, or create their own, cannabis social slub.[12]

Three more cannabis social clubs were founded in November 2013, primarily in the French-speaking community of Belgium. Ma Weed Perso was established in the city of Liège, WeedOut was established in the city of Andenne, and Sativa was established in the city of Namur.[12]

The majority of laws in Belgium relating to controlled substances and other narcotics date back to 24 February 1921.[1] The movement to criminalise drugs within the country was primarily influenced by policy changes internationally, and the global shift towards stricter control of drug substances.[15] From 1919 there was an observed rise of drug use within Belgium, specifically cocaine and morphine.[1] Although this was widely believed to be a direct consequence of the prohibition of the sale and public consumption of alcohol after the Law of 29 August 1919 (commonly referred to as the Vandervelde Law), experts now understand the rise in drug use to be a consequence of the devastation of World War I.[1] The Minister of Justice Emile Vandervelde, who led a widely successful campaign to prohibit alcohol use across the country in 1919, also advocated for a strong response to the use of other drugs than alcohol and directly instigated the drafting of the new Belgian Law of 24 February 1921.[15][1] The doctrines of Adolphe Prins formed the basis of the first Belgian drug law of 1921, with the design of the law reflecting his push for restorative approaches towards criminal punishments.[15]

The first major revision of Belgian drug policy occurred in 1975, with the Law of 9 July 1975 that sought to address the growing concerns of judicial authorities that the punishment for drug use did not properly address the nature of the crime.[2][1] The law was submitted by then Minister of Justice Alfons Vranckx alongside then Minister of Public Health Louis Nam che, with the primary purpose of the law being the allowance of stronger enforcement to prevent drug trafficking, although the law also included a public denunciation clause regarding the act of drug consumption.[1][16] Under this law cannabis was classified alongside other illicit drugs and it remained prohibited to possess any amount of the substance.[1][16] The concept of aggravating circumstances was introduced, allowing for prosecutors to distinguish in their convictions between drug-related crimes that were considered victimless (such as personal use in private property) and those that were seen as endangering of others (such as drug use in an environment with children).[1][16] Vranckx questioned the purpose and effectiveness of punishing drug use, even investigating an alternative form of legal action by making drug treatment compulsory for convicted offenders.[1] This was eventually rejected in favour of an extension of the Law of 29 June 1964 which gave prosecutors an increased ability to release minor offenders without charge by putting them on probation.[1]

The second major revision of Belgian drug policy occurred in 1994, with the Law of 14 July 1994 that sought to distinguish the legal treatment of antiseptics and other toxic substances when compared to narcotics and psychotropic substances, which were deemed likely to cause addiction.[2] Cannabis remained under the general category of "controlled substance" and was not distinguished from other illicit drugs.

The Belgian government ceased all prosecution for personal consumption and growth of cannabis in 2001, with the understanding that it was not an inherently problematic activity.[1][13] The laws of 4 April 2003 and 3 May 2003, as we as the Royal Decree of 16 May 2003, implemented specific guidelines which distinguished the legal status and treatment of cannabis from other controlled substances.[2][13]

Since 2001, the legal status cannabis within Belgium has been a growing area of political interest and debate. In 2019, the leader of the French-speaking Socialist Party, Elio Du Rupo, announced his party's plan to resubmit legislation which would legalise cannabis nationwide.[17] The rationale cited for this decision focused on the idea that legalisation would prevent young people from having to engage with a criminal network dominated by ‘mafia-like’ elements in order to acquire the substance.[17] This announcement was met with criticism an opposition party, the Christian democrats (cdH), with the party's leader, Catherine Fonck, stating that the cdH will do "everything possible to not include the legalization of cannabis (except therapeutic) in the federal government agreement."[17]