Closed by the city, a CBD (cannabis) business may reopen

Closed by the city, a CBD (cannabis) business may reopen

The Council of State is suspending the closure of a cannabis shop in Limburg.

The trade of cannabis products (cannabidiol, or CBD) remains a controversial subject in Belgium. Proof by a new judgment of the Council of State, dated last Tuesday and which takes the opposite of a police regulation

Police regulations can only be aimed at maintaining material public order.

The college of mayors and aldermen of the city of Hasselt did close a CBD establishment where cannabis-based products were sold, the operator neither having requested nor obtained, therefore, an authorization to set up and operate, as required by police regulations. It was about the store Kush & Co, which opened in late 2019 and sold medicinal marijuana, cosmetics, tea and herbs made from cannabidiol.

By its judgment of 2 March 2021, the Council of State has suspended closure of the Kush & Co. store Reason: The authorization scheme set out in the police regulations is, at first glance, illegal, as it appears to have been instituted with a view to the protection of moral order, whereas a police regulation can only aim at maintaining material public order.

What is CBD?

CBD is an active component of hemp, renowned, in particular, for its relaxing properties. It also calms the pain. It does not have a psychotropic effect and is not addictive, unlike another component of cannabis, the THC. To be authorized for sale, CBD must contain less than 0.2% THC.

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