Weds, June 18, 2003
As of Monday, June 2 2003, marijuana possession was officially decriminalized in Belgium. The move, part of a broader revamping of the country's drug laws, was approved earlier this year by the Belgian government.
Under the new law, possession of one plant or up to three grams of marijuana will draw a warning and a fine of 15 to 25 Euros. A second offense within one year draws a fine of 26 to 50 Euros. A third offense within one year may be punished by up to a month in jail. Decriminalization does not apply to cannabis oil or cake. Smoking in the presence of minors, near schools or army barracks is now considered a public nuisance, punishable by three months to a year in jail and/or a fine of 1,000 to 100,000 Euros. The drug will be confiscated in all cases.
The legislation separates marijuana from other drugs and creates mechanisms for governmental coordination on drug policy. Use of drugs in a group is no longer an offence and the concept of case managers and therapeutic counseling within Belgian drug law - a kinder, gentler version of the US drug court phenomenon - has now been well established. Police or prosecutors may assign an offender to therapeutic counseling by a court-appointed case manager if signs of "problematic use" are detected.
Belgium now joins Italy, Luxembourg, Portugal, Spain and others on the list of European countries that have legalized or decriminalized marijuana possession. Britain has moved to reschedule marijuana as a less serious drug, with possession punishable only by a fine. The Netherlands keeps its marijuana laws on the books, but tolerates possession and regulated sales. Marijuana possession remains a crime in other European countries, but is generally lightly punished compared to the effects of the strict and harsh laws of the US.
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