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Legality · Barbiturates

Is Barbiturates legal in Belgium?

Confirmed against a primary sourceVerified September 20, 2026
Legal status
Controlled in Belgium member by member, and Belgium's own annexes name the members, so this is a finding rather than a deferral. The member by member check was run against the Belgian schedule and not merely against the substances this table happens to carry, and it returned twelve printed names. That distinction decides the cell: no barbiturate row exists in this table, but a list that names individuals is not silent merely because the table is. The Royal Decree of 6 September 2017 prints allobarbital, amobarbital, barbital, butalbital, butobarbital, cyclobarbital, methylphenobarbital, pentobarbital, phenobarbital, secbutabarbital and vinylbital in Annex III, and places secobarbital separately in Annex II. Those eleven Annex III entries and the separate Annex II entry were read from the annex text. So the specific barbiturate must be identified before any answer is given, and that is the finding. Which annex applies differs between them, because Annex II and Annex III are not the same limb and do not carry the same consequences, so naming the product is the whole of the question.
Consequences if caught
Capital exposure: none. Belgium's drug law carries no death penalty and no life sentence. Beyond that this cell cannot state the exposure, because the exposure is member specific and no member is resolved here. A controlled barbiturate reaches article 2bis of the Law of 24 February 1921 through article 61 of the decree. Article 2bis §1 sets the ordinary band at three months to five years of imprisonment with a fine of EUR 1,000 to 100,000. Article 2bis §3 raises that to ten to fifteen years for its stated aggravations, including where use following the offence causes death. Article 2bis §4 carries the ceiling, fifteen to twenty years, where the offence concerns a child under twelve or participation as a leader in an association, so twenty years is the maximum imprisonment this statute exposes. Article 2bis §5 allows a further fine of EUR 1,000 to 100,000 in the §2 to §4 cases, which makes that fine available rather than automatic. That ladder is set out as the one a proved member would meet, not as a finding about the class, and which member is in front of you is the question this cell cannot answer.
If prescribed or medical
The rule that applies to a traveller here is Belgium's own and it is one rule for the whole country: article 3(4)(4) of the Royal Decree of 6 September 2017. It is a document exception rather than a schedule, and it is not a prescribing right. It covers a medicine that was lawfully obtained, carried for the traveller's own personal use, and limited to no more than three months of treatment, and it expressly excludes the substances in Annex II limb A. There is no single placement to attach, because the class has no entry of its own and this table carries no member row. The eleven Annex III barbiturates are not in the excluded limb, so the document exception could apply to a lawfully obtained supply of one of them, while secobarbital sits in Annex II and its limb has to be read before the same conclusion is drawn. Which of those two answers applies is exactly what was not established here. No route specific to the class was found in this dossier and none has been invented for it.
Documentation
Carry no document on the strength of the class name, because this cell resolves no member and the members do not share one answer. Whatever you are carrying has to be identified by its own printed name before anything can be said about it: the eleven Annex III members and the separately placed Annex II secobarbital entry sit in different limbs, and the limb is what decides the traveller document question. Both were read on 18 September 2026. The annex text read is the non official consolidated version published by the AFMPS; it is informative and the Moniteur belge controls. The annex consolidation relied on here is valid from 29 March 2026, following the amending Royal Decree published on 19 March 2026, and carries a correction dated 16 July 2026.
Primary sources
  • Belgium, Royal Decree of 6 September 2017, Annex III and the separately placed Annex II entry, with articles 2, 8 and 61 and article 2bis of the Law of 24 February 1921 behind them, read for the individual barbiturates rather than for the class name
  • the eleven Annex III members and the separate Annex II secobarbital entry are what this citation supports, and no member row exists in this table to resolve the class against, which is why the status defers
  • read at https://www.afmps.be/sites/default/files/content/INSP/NARC/annex%20III_non%20official%20consolidated%20version.pdf on 18 September 2026
  • the decree is at https://www.ejustice.just.fgov.be/eli/arrete/2017/09/06/2017031231/justel and the 1921 Law bilingual consolidation at https://afmps.be/sites/default/files/downloads/LOI-WET-1921-02-24.pdf
  • the annex text is the AFMPS non official consolidated version, valid from 29 March 2026 with a correction dated 16 July 2026

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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