Toleration policy regarding soft drugs and coffee shops

Toleration policy regarding soft drugs

In the Netherlands, it is against the law to possess, sell or produce drugs. However, the Netherlands has a policy of toleration regarding soft drugs. This means that the sale of small quantities of soft drugs in coffee shops is a criminal offence but the Public Prosecution Service does not prosecute coffee shops for this offence.

Neither does the Public Prosecution Service prosecute members of the public for possession of small quantities of soft drugs. These quantities are defined as follows:

• no more than 5 grams of cannabis (marijuana or hash);
• no more than 5 cannabis plants.

Toleration criteria for coffee shops

The sale of cannabis (hash and marijuana) in coffee shops is tolerated, provided that coffee shops keep to the prescribed rules or ‘toleration criteria’. Coffee shops:

• must not cause any nuisance;
• are not permitted to sell hard drugs;
• are not permitted to sell cannabis to minors;
• are not permitted to advertise drugs;
• are not permitted to sell large quantities (over 5 grams of cannabis) in a single transaction.

Municipalities determine whether to allow coffee shops to operate within their boundaries, and if so, how many. They can also impose additional rules.

Combating the nuisance and crime associated with coffee shops

The government is terminating the ‘open door’ policy of coffee shops. The objective is to combat the nuisance and crime associated with coffee shops.

Coffee shops must become smaller and focus on the local market. This policy will make Dutch coffee shops less attractive to drug users from abroad.

New rules on cannabis and coffee shops

To combat drug-related crime and nuisance, the Dutch government introduced a new toleration rule on 1 January 2013: only 'residents of the Netherlands' are permitted to visit coffee shops and purchase cannabis there. A resident of the Netherlands is someone who lives in a Dutch municipality and is registered there. Whether this rule is actively enforced differs from municipality to municipality. 

Coffee shop owner responsible for checks

Coffee shop owners are required to check whether all those admitted to the shop, and allowed to purchase cannabis there, are residents of the Netherlands aged 18 years or older. They should check these facts, for instance, by asking the person to produce a valid identity document or residence permit, in combination with an extract from the municipal population register. Whether this rule is actively enforced differs from municipality to municipality. 

Growing cannabis plants for personal consumption

It is against the law to grow marijuana and cannabis plants. In cases where no more than 5 plants are grown for personal consumption, the police will generally only seize the plants. If more than 5 plants are found, the Public Prosecution Service will prosecute.

In combating cannabis growing, the police collaborate with organisations including housing associations, the Tax and Customs Administration, and energy companies. Tenants found to be growing cannabis may be evicted. The energy company will impose an additional retrospective assessment on those who illegally tap electricity.