Drug possession
Are you or someone you know being prosecuted for prohibited drug possession? Or has a drug or hemp plantation been found in a property you rent out? At Van Meekren Advocatuur, we have ample expertise to guide you through the criminal process and/or provide you with advice.
Frequently Asked Questions
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The Netherlands prohibits the presence of narcotics (drugs). This applies not only to hard drugs, but also to soft drugs. The Opium Act states exactly which substances are involved. List I lists the various substances that are considered hard drugs, such as heroin, cocaine and MDMA. List II lists the substances considered soft drugs, such as hemp, qat and magic mushrooms.
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Possession of drugs is always prohibited, but under circumstances will not be detected or prosecuted. As a rule, no sanction follows if there is a small amount for personal use. The Prosecutor's Office uses the following thresholds for this purpose:
- Hard drugs: 0.5 grams (powder), 1 pill or 1 unit of GHB.
- Hemp: 5 grams. Up to 30 grams no active detection takes place, but a criminal sanction may follow if discovered.
- Mushrooms: 0.5 grams dried or 5 grams fresh/not dried
- Qat: 1 bundle (about 200 grams).
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In each individual case, the judge will have to decide what punishment is appropriate and necessary. Thus, a fixed punishment does not exist. However, the court does use landmarks for possession of drugs. Possession of hard drugs is generally punished more severely than possession of soft drugs, and possession of large quantities is generally punished more severely than possession of small quantities.
The judge is not bound by the landmarks. A specialized lawyer can put forward arguments to achieve a result favorable to you.
Current events
The (single) possession of drugs is also prosecuted with some regularity in the Netherlands. For some recent examples, see among others:
Learn more
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Van Meekren Advocatuur litigates throughout the Netherlands, including at the courts in Alkmaar, Almelo, Amsterdam, Arnhem, Assen, Breda , Dordrecht, The Hague, Groningen, Haarlem, 's-Hertogenbosch, Leeuwarden, Lelystad, Maastricht, Middelburg, Roermond, Rotterdam, Utrecht, Zutphen and Zwolle, the courts in Amsterdam, Arnhem, The Hague, 's-Hertogenbosch and Leeuwarden, the Supreme Court of the Netherlands in The Hague. Van Meekren Advocatuur also litigates at the European Court of Human Rights in Strasbourg.