JuridischForum.be

Hello, I don't speak Dutch fluently, so that I will write in English. If it is not accepted, I can edit and try writing in Dutch.

My downstairs neighbour(both apartments are owned by same person, I'm also a tenant) is smoking weed/hash a few times a day in his apartment and terras. When he smokes in his terras, the fume is directly coming to my apartment from the windows. Their floor was also smelling quite a lot, sometimes the smell was lingering to our floor from stairs.

With the start of the summer, I decided to talk with them about this issue directly. Before I wasn't opening my windows much, so I didn't want to take action.

He panicked, informed me wasn't aware of this problem and apologised. Also thanked me as I directly talked with him. He said he won't smoke in the terras if my window is open and gonna smoke in the apartment. Unfortunately, the problem still exists as the smell is also coming from his apartment through my windows. Not the whole fume but enough to disturb me, as it's hash. And I need to keep these windows open to cool down the apartment. He apologised again and told me gonna keep windows only slightly open. And told me if we can't solve this, he'll quit smoking in his unit. Unfortunately the problem wasn't solved so I talked with him again. I asked him to smoke outside if that's possible.

He told me I can't force him to smoke outside, it's legal for him to smoke inside the apartment, illegal if he smokes outside. He mentioned he's using it to relax from his psychiatric issue, it's known by his doctor as well etc. He said he'll try to smoke outside but can't promise. Since then, he still smokes in his apartment and the smell lingers to my unit especially in the nights.

I know personal use of weed is legal until you cause a public nuisance. Therefore I think it is not legal anymore for him. But I also heard cops won't do much as he's doing that at his home.

How likely this can be solved by my landlady(not a handy person), apartment management or even cops? Can he just states it's legal and keep doing that? Or still should I try to agree with him if it's a very gray zone legally?

It is NOT legal to possess weed in Belgium, not even for medical reasons. If it is disturbing you, do call the police and inform your landlady criminal activity is taking place inside her property.

Although it is like that, I heard from friends(they said it's written in the law) you can keep 1 plant or 3-5gr of cannabis for personal use. You can involve police if this cause a public nuisance.

Also, I talked with someone had the same issue and he told me his police friend told him they cannot do much as it is happening at his home and they're allowed to keep for personal usage. Basically police doesn't wanna involve much with these. So it really seems me like a gray zone. I'm looking for if someone had the same issue and solve it by involving landlady/police.

It's not a law, the law still prohibits any possesion. But there is a guideline for the police not to prosecute what you describe, unless there's other problems like involvement of minors or public disturbances. Police can still investigate and the landlady can still get involved if she doesn't like what's happening.

There's no legal stature that protects possession or growing of any amount of Cannabis. What your friends have mentioned is a "gedoogbeleid" (toleration policy) where the police has been guided not to pursue people who have those amounts of weed and it causes no other disturbances or illegal activity. This is by no way giving any protection whatsoever to people who smoke/keep weed (despite what a some of them might think) and doesn't stop it from being illegal.

Okay. What I understand from this is, it is illegal, but until they cause a problem, police doesn't do a witch-hunt.

However, according to experiences that I heard, police don't wanna involve much and leave it people to solve by themselves. Probably neither me nor him wanna take it to that level and instead find a solution by ourselves.

Now the best what you can do is take contact with your 'wijkinspecteur' and explane the situation.

There is no legal action you take that has a remote chance of being succesful. Just being honest.