Tolerance Policy for Coffeeshops in Westland

Tolerance Policy for Coffeeshops in Westland

The tolerance policy for coffeeshops is a typically Dutch phenomenon whereby coffeeshops are tolerated for selling limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. In Westland, this policy helps prevent nuisance and regulate drug trafficking, with strict enforcement by the Municipality of Westland.

What does the tolerance policy for coffeeshops in Westland entail?

Under the tolerance policy, the Public Prosecution Service (PPS) and police pursue violations of the Opium Act but leave coffeeshops alone if they comply with local rules. Originating in the 1970s, this policy removes the trade in soft drugs like weed and hashish from the illegal sphere and reduces disturbances for local residents. Sales are permitted, but production and wholesale remain criminal offenses.

In Westland, the Municipality of Westland sets the number of coffeeshops and issues operating permits. It adheres to national standards but adapts them locally through the General Local Ordinance (APV). This constitutes a tolerance decision under administrative law, under which criminal prosecution is waived. For more information: Tolerance Policy and Tolerance Decisions.

Legal Basis

The policy is grounded in the Opium Act (1928, recently amended). Article 3 divides drugs into List I (hard drugs such as heroin) and List II (soft drugs such as cannabis). Trafficking in both is punishable (Articles 10-11).

No specific law exists, but PPS policy is set by the AHO-56 guideline of the Board of Procurators General, which includes conditions for non-prosecution. The Municipality of Westland supplements this with local coffeeshop policy, often in a tolerance decision or APV permit. The European Court (case 'Cannabis coffeeshops', 2010) has approved this approach.

Conditions for Coffeeshops in Westland

Coffeeshops must meet the AHO-56 criteria:

• No nuisance: No noise, litter, or public order disturbances.
• No sales to minors: Only to those 18+ with strict ID checks.
• Max 5 grams per customer: Per transaction, no on-site consumption.
• No hard drugs: Only List II soft drugs.
• No advertising: No promotion targeting foreigners.
• Transparent stock: Visible for inspection.

The Municipality of Westland may impose stricter rules, such as a maximum per resident or prohibitions in sensitive areas.

Practice in Westland and Surroundings

Westland applies a zero coffeeshop policy: no shops are tolerated, and police actively close illegal locations. This aligns with the region's quiet horticultural character. Nearby Rotterdam has been running a closed cannabis cultivation experiment since 2023. For example, in 2022, the Westland District Court ordered the closure of a property due to drug-related nuisance, based on the Municipalities Act Article 174.

Rights and Obligations of Operators

Obligations:

1. Comply with AHO-56 and Westland rules.
2. Maintain records (ID checks).
3. Report changes to the Municipality of Westland.

Rights:

• Protection against expropriation (ECHR Protocol 1).
• Objection and appeal to the Westland District Court (GALA Article 7:1 et seq.).
• No prosecution if compliant.

In case of breach, the municipality may revoke the tolerance decision or impose an administrative fine (GALA Article 5:25). Consult the Westland Legal Aid Office for advice.

Comparison of Tolerance Policies for Coffeeshops

Frequently Asked Questions