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Belgium relaxes cannabis legislation

Expatica.com

Thursday 27 Mar 2003

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BRUSSELS - The new drug law that eases restrictions on the personal use
of cannabis was set to pass through the Belgian Senate Thursday night.

The law is aimed at bringing Belgium into line with several other
European countries, modifying a 1921 law outlawing the drug.

The legislation's priorities are split into three areas: prevention,
assistance and repression.

The legislation was pitched by VLD Justice Minister Marc Verwilghen as
the 'third way' between prohibition and legalisation, with the aim of
discouraging and reducing the consumption of drugs and protecting
society from its consequences.

The law allows for the possession of small amounts of cannabis (no more
than 5g) and the cultivation of marijuana plants, both for personal use.
Smoking in public places and in the presence of minors is still
prohibited, while users causing problems for neighbours will be
prosecuted.

Legal consequences will take personal circumstances into account while
dependency will not constitute an excuse for criminal activity. For
non-problematic use, police will simply note the date, time and place of
the event without further action.

For problematic use or if a public nuisance is created, a prosecution
will take place. Correctional sentences will be replaced by a fine of
EUR 1 to EUR 25, EUR 25 to EUR 50 if there is a re-offence within one
year, while re-offence in the second year will lead to a custodial
sentence of eight days to one month.

It will be at the discretion of police officers to decide where the line
is drawn between problematic and non-problematic use, something which
attracted criticism when the law was passed through Parliament for
review last month.

Verwilghen insisted the new legislation granted legal tolerance to the
use of the drug but under no circumstances allowed for the sale of the
drug, as in Dutch 'coffee-shops'. This was a step towards therapeutic
solutions rather than penalisation, he said, but Belgium would be
staying within the limits of international law.

Back in January 2001 the then Minister for Health, Magda Aelvoet,
announced the depenalisation of cannabis for adults. For the 8 percent
of regular users in Belgium, it has been a two-year wait for the project
to reach the Senate.

 

 

 

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