Drug possession and dealing in Belgium: penalties and defence

Few criminal cases cover as wide a spectrum as drug cases. With drug possession in Belgium and drug dealing, outcomes range from a simple police registration for a small quantity of cannabis to prison sentences of several years for organised trafficking. Where your case lands on that ladder depends on the facts, the evidence and the defence. Since 1 September 2026, the penalties under the drugs act have been converted into the penalty levels of the new Criminal Code; this article gives an overview.

The legal basis

Drug offences are punished under the Law of 24 February 1921 on narcotic and psychotropic substances, known as the drugs act (drugwet / loi drogues), and its implementing decrees, which determine which substances are covered. Punishable acts include possession, purchase, sale, supply, import, production and the cultivation of plants from which those substances can be extracted. Cannabis is covered too: the more lenient prosecution policy for small quantities does not change the fact that it is an offence.

Penalties for drug possession in Belgium since 1 September 2026

The penalties are set out in Article 2bis of the drugs act, as amended by the Act of 16 March 2026. For offences committed on or after 1 September 2026, the basic penalty for intentional offences is a level 3 penalty: in principle a prison sentence of more than three and up to five years (Article 36 of the Criminal Code). Where there are mitigating circumstances, the court may impose a lower-level penalty, such as community service (werkstraf / peine de travail), a probation sentence, electronic monitoring or a fine.

Aggravating circumstances

The drugs act provides for heavier penalties, up to level 6, in cases including the following:

• Minors: offences committed against a minor, with a heavier penalty the younger the child;
• Consequences for the user: offences where the use of the substances supplied caused serious harm to someone’s physical integrity, or even death;
• Organised context: offences committed as an act of participation in an association or a criminal organisation, with the heaviest penalties for those in a leadership role.

Depending on the circumstance, an aggravating factor either leads to a higher penalty level (Article 2bis §§ 3 to 5) or is taken into account by the court when setting the sentence within the level (Article 2bis § 2). From level 4 upwards, the penalty is a prison sentence of more than five years.

Offences committed before 1 September 2026

For offences committed before 1 September 2026, the penalties of the old drugs act continue to apply, unless the new rules are more favourable to you. The court then applies the most lenient criminal law (Article 2 of the Criminal Code). Which regime is the most lenient must be assessed charge by charge.

Drug possession for personal use

Possession of a small quantity of cannabis by an adult, without aggravating circumstances or public nuisance, is given the lowest priority in the prosecution policy of the public prosecutor’s office. In practice, it often results in a registration, a decision to drop the case (seponering / classement sans suite) or a settlement (minnelijke schikking / transaction). That policy is not a right, varies from one prosecutor’s office to another and does not, as a rule, apply to other drugs.

The prosecutor may also opt for an alternative outcome, such as criminal mediation or a referral to support and treatment services. If the prosecutor offers a settlement, have its consequences checked first and consider whether a defence would be more sensible. Read more about settlements in criminal cases.

“Personal use” is, moreover, a question of fact. The quantity, the packaging, a set of scales, cash and messages on your phone all help the prosecutor decide whether to treat the case as use or as dealing.

From user to dealer: the legal qualification

The difference between a user, someone who occasionally sells on to friends and a structural dealer largely determines the sentence. The prosecution often builds its case on indirect evidence: phone data, surveillance, statements from buyers and financial flows. The defence tests each of those elements: what do they really prove, and what alternative explanation is there?

Possession itself must also be proven. If drugs are found in a shared home or vehicle, it does not follow that every occupant possessed them. The public prosecutor must show that you knew about the drugs and had control over them.

The procedure: often the first line of defence

Drug cases often rely on intrusive investigative measures, such as a house search, a body search, the examination of a mobile phone or phone tapping. Those measures are subject to strict conditions. Read more about house searches and about your rights during a police interview.

Unlawfully obtained evidence is not excluded automatically. It is excluded only where a formal requirement prescribed on pain of nullity was breached, where the reliability of the evidence is affected or where the right to a fair trial is jeopardised (Article 32 of the Preliminary Title of the Code of Criminal Procedure). A thorough reading of the criminal file is therefore essential.

Confiscation of money and assets

On conviction, the court may confiscate the drugs, the means used and the financial gains: cash, a vehicle and even real estate. Under strict conditions, extended confiscation is also possible, reaching beyond the gains from the proven offences themselves (Article 54 of the Criminal Code). That financial side deserves a defence of its own, particularly where the assets have a lawful origin or belong to third parties.

Money and assets are often seized during the investigation. You can apply to the public prosecutor or the investigating judge (onderzoeksrechter / juge d’instruction) to have that seizure lifted.

Sentencing and more lenient penalties

Even in more serious cases, personal circumstances make a difference. Support or treatment, work or training and a structured life make a probation sentence, community service or a suspended sentence (uitstel / sursis) more realistic. A suspended sentence is possible for penalties not exceeding level 3 (Article 65 of the Criminal Code).

Suspension of the pronouncement of sentence (opschorting / suspension du prononcé) also remains possible; it requires your consent (Article 64 of the Criminal Code). For community service, you give your consent in person or through your lawyer (Article 45 of the Criminal Code). During the investigation, such efforts can also support release on conditions instead of pre-trial detention.

Drugs and driving

Driving under the influence of drugs is a separate traffic offence under Article 37bis of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière), with its own rules on the temporary driving ban and on disqualification from driving (verval van het recht tot sturen / déchéance du droit de conduire). For offences committed on or after 1 September 2026, it is a level 1 offence, punishable by a fine of 2,000 to 20,000 euros or another penalty of that level. An Act of 25 May 2026 also brings ketamine within that article, but this change only enters into force on a date to be set by the King.

Read more about a positive saliva test. If criminal proceedings for possession are running at the same time, both sides of the case must be coordinated.

Frequently asked questions

My phone has been seized. Can they search it?

Yes, subject to legal conditions. Searching a mobile phone is governed by specific rules (Article 39bis of the Code of Criminal Procedure), and the lawfulness of the search can be reviewed. Have that checked before you make any statements.

Will I get a criminal record as a drug user?

In principle, only if you are convicted. A decision to drop the case, a settlement or a suspension of the pronouncement does not lead to an entry on the ordinary extract from the criminal record. Acting early pays off: read also how to clear your criminal record.

Can I go to prison for a first drug offence?

For possession of a small amount for personal use, that is exceptional. For dealing or larger quantities, the risk is real, especially if you are placed in pre-trial detention during the investigation. Careful preparation for the first interview and for the appearance before the investigating judge is then essential.

How long can the police hold me?

An arrest may last no longer than 48 hours (Article 12 of the Constitution). Within that time, you must be released or brought before the investigating judge, who decides whether to issue an arrest warrant. Before the first interview, you are entitled to a confidential consultation with a lawyer, and to the lawyer’s assistance during the interview.

How Novex Advocaten can help

We defend you in drug cases from the first police interview through to the judgment, with close attention to the procedure, the evidence, confiscation and sentencing. Discreet, quickly reachable and available in Dutch, French, English or Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.