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Other law 🇧🇪 Belgium

Belgium's constitutional court annuls the vague cannabis registration exception

In judgment 158/2004, the Court of Arbitration annulled Article 16 of the Law of 3 May 2003, which allowed police registration alone for adult personal cannabis possession without problematic use or public nuisance. It found the quantity, problematic-use and nuisance criteria insufficiently precise for criminal-law legality. The Court preserved the provision's effects until publication of the judgment in the Belgian Official Gazette, which followed on 28 October. The ruling concerned the special reporting exception; personal possession had remained an offence under the 2003 framework.[1][2]

Listed for context. No score change is recorded for Belgium here.

References

  1. Belgium Court of Arbitration — judgment 158/2004 of 20 October 2004Reasons B.4.2, B.6–B.9 and B.11; operative annulment and preservation of effects until Gazette publicationarchived
  2. Belgian Justice Ministry and College of Prosecutors General — joint directive of 25 January 2005, reproduced by OpenJusticeIntroduction identifies judgment publication on 28 October 2004; reproduction of the Belgian Official Gazette of 31 January 2005archived

Checked. The date and the event were compared with a source that was read.

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