Drug offences fall under the Opium Act and carry a wide range of penalties, depending on the type of drug and the quantity, from personal use to large-scale trafficking.
The Opium Act in the Netherlands
Under the Opium Act, drugs are divided into hard drugs (List I) and soft drugs (List II), with different penalties per category.
Hard Drugs (List I)
- Heroin, cocaine
- Amphetamine, MDMA (ecstasy)
- LSD, GHB
- Methadone
Soft Drugs (List II)
- Cannabis (marijuana, hashish)
- Dried magic mushrooms
- Sleeping and sedative medicines
Punishable Acts
Under the Opium Act, various acts are punishable, with varying maximum penalties.
Overview of Penalties
| Act | Max. List I | Max. List II |
|---|---|---|
| Possession | 4 years | 2 years |
| Trafficking/sale | 8 years | 4 years |
| Import or export | 12 years | 4 years |
| Production | 8 years | 4 years |
Tolerance Policy for Cannabis
In the Netherlands, a tolerance policy applies to cannabis, but it is strictly regulated and subject to limitations.
Rules for Coffeeshops
- No advertising or display
- No sale of hard drugs
- No causing nuisance
- No sale to young people under 18 years
- Maximum 5 grams per transaction
- Trading stock maximum 500 grams
Drug Laboratories and Production
The production of synthetic drugs such as ecstasy or amphetamine is heavily penalized in the Netherlands.
Increased Penalties
- Professional production: penalty increase by 1/3
- Large quantities: heavier sanctions
- Participation in criminal organisations: additionally punishable
Preparation of Drug Offences
Under Article 10a of the Opium Act, preparatory acts for drug offences are also punishable.
Examples of Preparation
- Possession of raw materials (such as PMK or BMK)
- Storage of production equipment
- Renting out a location for drug production
Legal Assistance in Zoetermeer
For legal assistance with drug offences in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases are generally handled by the District Court of The Hague, under which Zoetermeer falls.
Frequently Asked Questions about Drug Offences
What is the distinction between hard drugs and soft drugs?
The Opium Act divides drugs into two categories: hard drugs (List I) such as cocaine and ecstasy, and soft drugs (List II) such as cannabis. Hard drugs are fully prohibited and more heavily penalised, while soft drugs are tolerated to some extent under strict conditions.
How much cannabis may I possess without penalty?
For personal use, up to 5 grams of cannabis is often tolerated, but it remains illegal. Above 30 grams, it is considered trafficking and criminal prosecution follows.
What happens if I am caught with hard drugs?
This depends on the quantity and circumstances. Possession for personal use can lead to a maximum of 4 years' imprisonment, often with a fine or conditional sentence. Trafficking or production can lead to up to 12 years' imprisonment.
Is growing weed at home allowed?
No, the cultivation of cannabis is prohibited, even for personal use. Upon discovery, the police can confiscate plants and a fine or penalty may follow.
What are the consequences of involvement in a drug lab?
Involvement in the production of synthetic drugs is a serious offence. Penalties can amount to 8 years or more, depending on the scale and organisation.