Drug offences fall under the Opium Act and range from personal use to large-scale trafficking. The penalty depends on the type of drug and the quantity possessed or traded.
The Opium Act in the Netherlands
The Opium Act makes a clear distinction between hard drugs (List I) and soft drugs (List II), with different penalties for each.
Hard Drugs (List I)
- Heroin and cocaine
- Amphetamine and MDMA (ecstasy)
- LSD and GHB
- Methadone
Soft Drugs (List II)
- Cannabis products (marijuana, hashish)
- Dried magic mushrooms
- Sleeping and sedative medicines
Punishable Activities
Under the Opium Act, various acts are punishable, depending on their nature and severity.
Overview of Penalties
| Activity | Max. List I | Max. List II |
|---|---|---|
| Possession | 4 years | 2 years |
| Sale/trafficking | 8 years | 4 years |
| Import/export | 12 years | 4 years |
| Manufacture | 8 years | 4 years |
Tolerance Policy for Cannabis
In the Netherlands, there is a tolerance policy for cannabis, but it has strict limits and conditions.
Conditions for Coffee Shops
- No promotion or advertising
- No sale of hard drugs
- No causing nuisance
- No sale to persons under 18 years
- Maximum 5 grams per transaction
- Stock limited to 500 grams
Drug Laboratories and Production
The manufacture of synthetic drugs such as ecstasy or amphetamine is severely punished in the Netherlands.
Aggravating Circumstances
- Professional production: penalty increase by 1/3
- Large quantities: heavier penalties
- Link with criminal organisations: additionally punishable
Preparatory Acts
Even the preparation of drug-related offences is punishable under article 10a of the Opium Act.
Examples of Preparation
- Possession of basic materials (such as PMK or BMK)
- Storage of production means
- Rental of premises for drug production
Frequently Asked Questions about Drug Offences
What distinguishes hard drugs from soft drugs?
The Opium Act divides drugs into two categories: hard drugs (List I) such as heroin and ecstasy, which are strictly prohibited and heavily penalised, and soft drugs (List II) such as cannabis, for which a tolerance policy applies. Penalties for hard drugs are generally much higher.
How much cannabis may I possess without penalty?
For personal use, up to 5 grams of cannabis is tolerated. This is not legal, but the police often do not act. Quantities above 30 grams are considered trafficking, which has criminal consequences.
What happens in case of possession of hard drugs?
This depends on quantity and type. For personal use, the penalty can amount to 4 years, but often a fine or conditional sentence follows. In case of trafficking or production, penalties can amount to 12 years, especially with criminal involvement.
Is growing weed at home permitted?
No, the cultivation of cannabis, even for personal use, is prohibited under the Opium Act. Upon discovery, the police can seize plants and a fine or penalty follows.
What are the consequences of involvement in a drug lab?
The production of synthetic drugs is a serious offence. Involvement in a drug laboratory can lead to high penalties, especially in large-scale or criminal activities.