Belgium to pay €90,000 in damages for improperly storing CBD flower seizure

The Belgian government will have to pay more than 90,000€ in compensation to a seller of hemp flowers. The suspicious materials had been seized for analysis, but were improperly stored and therefore could not be sold later.

«In October 2018, the police seized more than 6 kilograms of cannabis from my client's warehouse,», said Attorney Hamid El Abouti. «The man runs a store in downtown Brussels that sells cannabidiol, better known as CBD.»

«The substances were seized because passersby had noticed a strong smell of cannabis in the store. During a search, thirteen bags containing a total of 6.837 kilograms of cannabis were seized. A sample was taken from each bag for analysis. My client did not resist, but asked to have his property returned as soon as possible.»

Six months later, the shop owner was informed that he could retrieve the confiscated goods, but when he arrived at the police station, it turned out that the CBD flowers had been improperly stored. The man refused to take the cannabis back, claiming it was unsellable. The district attorney then ordered the flowers to be destroyed, but the shop owner hired a lawyer to seek compensation for his losses.

90,000 euros in damages

The case was brought before the French-speaking Court of First Instance in Brussels in late 2021, which ordered the Belgian government to pay more than 90,000€ in damages. According to the court, it is clear that the police made a mistake by failing to store the flowers properly. For every gram of cannabis the shop owner lost as a result, he will receive €12.50. In addition to the €85,462.50, the man was also awarded an additional €5,000 in damages.