Tolerance Policy for Coffeeshops in Zoetermeer

Tolerance Policy for Coffeeshops in Zoetermeer

The tolerance policy for coffeeshops in Zoetermeer follows the unique Dutch model, whereby the Municipality of Zoetermeer tolerates coffeeshops for the sale of small quantities of soft drugs to adults, despite the prohibition under the Opium Act. This approach helps limit public nuisance and regulate drug dealing for Zoetermeer residents.

What does the tolerance policy for coffeeshops in Zoetermeer entail?

In Zoetermeer, the Public Prosecution Service (PPS) and police enforce Opium Act violations, but coffeeshops are not prosecuted if they comply with local rules. Introduced in the 1970s, this policy removes soft drugs such as cannabis and hashish from criminal circuits and reduces disturbances in neighborhoods. Sales are permitted, but production and wholesale remain illegal and are actively addressed.

The Municipality of Zoetermeer determines the number of coffeeshops and issues operating permits. It adheres to national standards but tailors them locally through the General Local Bye-law (APV). This constitutes a tolerance decision under administrative law, under which criminal prosecution is waived. For advice, contact Het Juridisch Loket Zoetermeer.

Legal basis

The policy is grounded in the Opium Act (1928, recently amended). Article 3 distinguishes List I drugs (hard drugs such as heroin) from List II drugs (soft drugs such as cannabis). Sales and production are punishable offenses (Articles 10 and 11).

The PPS AHO-56 guideline from the Board of Procurators-General sets conditions for non-prosecution. The Municipality of Zoetermeer supplements this with its own coffeeshop policy in the APV or tolerance decisions. The European Court of Justice (2010 ruling) approves this as long as it does not impede trade.

Conditions for coffeeshops in Zoetermeer

Coffeeshops must meet the 'AHO-56 criteria':

• No nuisance: No noise, litter, or public order disturbances in Zoetermeer.
• No sales to minors: Only to those 18+ with strict ID checks.
• Maximum 5 grams per person: Per transaction, no on-site consumption.
• No hard drugs: Only List II soft drugs.
• No advertising: No promotion targeting foreigners.
• Transparency: Stock visible for inspection.

The Municipality of Zoetermeer adds: limited number per capita (approx. 1 per 5,000 residents) and prohibitions in sensitive areas such as Rokkeveen.

Practice in Zoetermeer and surrounding areas

Zoetermeer has around 4 tolerated coffeeshops, regulated by local enforcement policy. For example, in 2021, the municipality closed a venue due to nuisance and sales to tourists, revoking its permit.

Smaller municipalities like Urk apply zero tolerance, but Zoetermeer strikes a balance through oversight. Rotterdam is experimenting with closed supply chains; Zoetermeer follows national developments. For violations, the municipality applies administrative coercion (Article 174 Municipalities Act), with cases heard at the District Court of Zoetermeer.

Rights and obligations of coffeeshop operators in Zoetermeer

Obligations:

1. Comply with AHO-56 and the Municipality of Zoetermeer's APV.
2. Document ID checks.
3. Report changes to the municipality.

Rights:

• Protection against expropriation (ECHR Protocol No. 1).
• Right to object and appeal at the District Court of Zoetermeer (GALA Article 7:1).
• No prosecution if compliant.

In case of breach, the municipality may revoke the tolerance decision or impose penalty payments (GALA Article 5:25).

Comparison of coffeeshop tolerance policy with other forms

Frequently asked questions