Questions about other products and foodstuffs based on cannabis

More information on the use of hemp and cannabinoids (such as CBD) in foods is available. 
Please contact apf.food@health.fgov.be if you have any questions.

The use of cannabis or hemp extracts is legally restricted in cosmetics, according to the rules on the composition of cosmetics in Article 14 and Annex II (point 306) of the Cosmetic Products Regulation (EC) No 1223/2009. Ingredients that fall under the definition of 'narcotics' are prohibited (see Tables I and II of the Single Convention on Narcotic Drugs, done at New York on 30 March 1961). 

 

It follows that:

• extracts from the flower buds, including the leaves of the flower buds, and extracts from the whole plant are prohibited in cosmetics;
• extracts from the seeds, stems and leaves without the flowering or fruiting tops of the cannabis plant (without 'flower buds') are permitted in cosmetics.

Cannabidiol (CBD) is prohibited in cosmetic products when it is manufactured by extraction from the flowering or fruiting tops, or when it is manufactured from the whole cannabis plant. 

The tetrahydrocannabinol (THC) content cannot be used to determine whether or not an extract is permitted in cosmetics: only the source material (the parts of the plant used) determines whether an extract is legal or not.

CBD manufactured from (or extracted from) stems and leaves without the flower buds is permitted in cosmetics.
Synthetic CBD is also permitted as an ingredient in cosmetics, provided that the product is safe for consumers.

Oil from cannabis seeds is also permitted (seed extract, without using other parts of the plant). These extracts are referred to as 'cannabis sativa seed oil', 'cannabis sativa seed extract' or 'hemp seed oil' in the lists of ingredients of cosmetics.

Please contact apf.cos@health.fgov.be if you have any questions
 

Yes. Some retailers sell CBD-based products under the status of herbal products intended for smoking. This is permitted if the products meet certain conditions:

 

• the THC content must be less than 0.3 %;
• it is not permitted to make therapeutic claims such as 'pain relief', 'stress reduction' or 'promotes sleep';
• the products must be correctly notified before they can be marketed in Belgium (you can check the product using the search engine);
• the products must feature health warnings and comply with various labelling requirements;
• the products must feature a tax mark as they are considered to be products equivalent to smoking tobacco and are subject to excise duty. Please contact da.tabac.brussels@minfin.fed.be for more information.

CBD-based products used as vapour liquids for electronic cigarettes are banned.

For more information about tobacco and similar products, visit the website of the FPS Public Health, Food Chain Safety and Environment. 

Please contact apf.food@health.fgov.be if you have any questions.
 

Yes. Retailers can sell products for decorative purposes, but only if these products:

 

• cannot be consumed as herbal products intended for smoking and are not intended for human or animal consumption, even implicitly; 
• do not claim to have any direct or indirect health benefits (therapeutic claims).

In such cases, general product safety legislation applies and the party responsible for placing the product on the market can be held liable in the event of any problems.
It is prohibited to market a medicinal product, food supplement or herbal product intended for smoking in this way (e.g. as potpourri).