Is Diazepam legal in Belgium?
- Legal status
- Diazepam is a controlled substance in Belgium because it is listed. The Royal Decree of 6 September 2017 prints it at Annex III, where the entry is the name diazepam and no further text. That entry proves listing and does nothing more. It carries no article number and no operative provision of its own, and every operative provision comes from the instrument named for this row, the Royal Decree of 6 September 2017, where article 2 defines the controlled substances through Annexes I to V and article 61 routes a breach back to the Law of 24 February 1921. Belgium works a delegated model: article 2bis §1 of the Law of 24 February 1921 punishes breaches concerning substances whose list is settled by the King, and the Royal Decree of 6 September 2017 supplies that list. The named lists are closed, so pharmacological resemblance, a similar spelling or a substring match cannot enlarge them. This is the row that most needs saying plainly: diazepam is an Annex III substance in Belgium, not a narcotic in the first limb of Annex I, and nothing in the Belgian scheme attaches a twenty year exposure to a patient carrying a prescribed supply of it.
- Consequences if caught
- Capital exposure: none. Belgium's drug law carries no death penalty and no life sentence. What does attach to diazepam is the article 2bis ladder in the Law of 24 February 1921, which article 61 of the decree routes a breach to once the substance is listed, and here the third annex placement is the one most often mistaken for a narcotic placement, which is what produces the twenty year figure in accounts of this substance. 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. Annex III carries most of the prescribed sedatives and hypnotics, and the limb settles the traveller document question rather than the band, which article 2bis applies to any listed substance.
- 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. The placement that attaches to diazepam is Annex III, which article 3(4)(4) does not exclude, so the exception can apply on its own terms where the medicine was lawfully obtained and the personal use and three month limits are both met. Diazepam is among the most commonly prescribed medicines in its class. No route specific to diazepam was found in this dossier and none has been invented for it.
- Documentation
- Carry the prescription and the original dispensing packaging, with a prescriber letter naming the patient, the dose and the treatment period, and keep the amount to no more than three months of treatment. The placement at Annex III was 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.
- Belgium, Royal Decree of 6 September 2017, Annex III, with articles 2, 8 and 61 of that decree and article 2bis of the Law of 24 February 1921 carrying the offence and the penalties
- the printed entry relied on is the name diazepam and no further text
- 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, and the Moniteur belge controls
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Other substances confirmed in Belgium
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Belgium’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
Contact your own country’s embassy or consulate in the destination immediately, not the destination’s authorities. U.S. citizens: contact the nearest U.S. embassy/consulate and the U.S. State Department at +1-202-501-4444 (from abroad). If a U.S. citizen is arrested or detained abroad →
