Drug offenses

The main prohibitions are found in Articles 2 and 3 of the Opium Act. According to these provisions, it is prohibited to use a substance designated as a hard drug (article 2) or a soft drug (article 3):

A. within or outside the territory of the Netherlands;

B. to grow, prepare, process, sell, deliver, provide or transport;

C. present;

D. to be manufactured.

In addition, the Opium Law has a prohibition on advertising drugs (art. 3b), an additional prohibition on engaging in preparatory acts (art. 10a and 11a) and a specific prohibition on participating in a criminal organization (art. 11b).

Hard drugs are more harmful to public health than soft drugs.

• Hard drugs are on List I of the Opium Act, such as heroin, cocaine and MDMA.

• Soft drugs are on list II of the Opium Act, such as hemp, qat and magic mushrooms.

There are generally lower penalties for offenses committed with soft drugs than with hard drugs.

For the sake of completeness, it may be that some substances are temporarily designated as hard or soft drugs but are not yet on List I or List II. Article 3a paragraph 5 allows the minister to do so.

Use of drugs is not punishable, although having both soft and hard drugs present is, but that is not always prosecuted.

Possession of drugs is also prohibited, but this is not always 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).

It is illegal to have hemp plants, but cannabis cultivation is not always detected or prosecuted. Up to a maximum of five plants, the prosecution assumes non-business cultivation of a small amount for personal use. That, if the suspect is an adult, has no detection priority.

Possession of hemp is also prohibited, but up to 5 grams it is not prosecuted and up to 30 grams there is no (active) detection.

The presence of hard drugs is not allowed, but the possession of a small amount for personal use is in principle not detected or prosecuted. The prosecutor's office uses the following thresholds in this regard:

• Cocaine (0.5 grams);

• Heroin (0.5 grams);

• XTC (1 pill);

• GHB (5 ml).

It is illegal to have hemp plants, but cannabis cultivation is not always detected or prosecuted. Up to a maximum of five plants, the prosecution assumes non-business cultivation of a small amount for personal use. That, if the suspect is an adult, has no detection priority.

For possession of soft drugs (dry hemp), the court uses the following landmarks:

• 31-100 grams: EUR 200

• 100-300 grams: EUR 400

• 300-500 grams: EUR 750

• 500-2,500 grams: 100 hours of community service

• 2,500-5,000 grams: 180 hours of community service

• 5,000-10,000 grams: 4 months' imprisonment

• 10,000-25,000 grams: 6 months' imprisonment

• 25,000-250,000 grams: 12 months' imprisonment

These are only starting points. In each individual case, the judge will have to decide what punishment is appropriate and necessary. In doing so, the judge may deviate from the landmarks. A specialized lawyer can help you put forward relevant circumstances.

For possession of hard drugs - other than in an organized context - the court uses the following landmarks:

• 0-10 grams: EUR 750

• 10-50 grams: 80 hours of community service

• 50-100 grams: 150h of community service

• 200-500 grams: 2 months imprisonment

• 500-1,000 grams: 3 months' imprisonment

• 1,000-1,500 grams: 5 months' imprisonment

• 1,500-2,000 grams: 7 months' imprisonment

• 2,000-3,000 grams: 9 months' imprisonment

• 3,000-4,000 grams: 12 months' imprisonment

• 4,000-5,000 grams: 15 months' imprisonment

• 5,000-6,000 grams: 18 months in prison

• 6,000-7,000 grams: 21 months' imprisonment

• 7,000-8,000 grams: 24 months' imprisonment

• 8,000-9,000 grams: 26 months' imprisonment

• 9,000-10,000 grams: 30 mn imprisonment

• 10,000-20,0000 grams: 30 months' imprisonment

• >20,000 grams: >36 months' imprisonment

1 pill or 5 ml are equivalent to 0.5 grams of powder in these landmarks.

The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the guiding principles in doing so. A specialized lawyer can help you with this.

For growing hemp (hemp nurseries), the court uses the following landmarks:

• 50 - 100 hemp plants: €1,000 fine

• 100 - 500 hemp plants: 120 hours of community service + 1 month of suspended imprisonment

• 500 - 1,000 hemp plants: 180 hours of community service + 2 months suspended imprisonment

Small cultivation for personal use (up to five plants) is in principle not detected if the suspect is of age.

The prosecution's sentencing guidelines also show that growers should consider a claim for deprivation of illegally obtained benefit.

The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. In doing so, the judge may deviate from the guiding principles. A specialized lawyer can help you put forward relevant circumstances.

For dealing user quantities of hard drugs from a premises and/or on the street, the court uses the following landmarks:

• for less than one month with any regularity: 3 months' imprisonment

• for more than one month, but less than 3 months, with any regularity: 6 months' imprisonment

• for more than three months, but less than six months, with any regularity: 8 months' imprisonment

• for 6 to 12 months with any regularity: 12 months' imprisonment

The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the guiding principles in doing so. A specialized lawyer can help you with this.

For the production of hard drugs, the court's guiding principle is that involvement in larger drug labs is punished more severely than involvement in smaller drug labs. The landmarks in this regard are as follows:

• 0-10 grams: 30 hours of community service

• 10-50 grams: 100 hours of community service

• 50-100 grams: 200 hours of community service

• 100-150 grams: 6 wkn imprisonment

• 150-200 grams: 2 months' imprisonment

• 200-500 grams: 3 months' imprisonment (standard) or 4 months' imprisonment in an organized setting

• 500-1,000 grams: 4 months' imprisonment (standard) or 5 months' imprisonment in organized cases

• 1,000-1,500 grams: 6 months' imprisonment (standard) or 8 months' imprisonment in an organized setting

• 1,500-2,000 grams: 8 months' imprisonment (standard) or 10 months' imprisonment in organized cases

• 2,000-3,000 grams:12 months' imprisonment (standard) or 16 months' imprisonment in an organized context

• 3,000-4,000 grams: 16 months' imprisonment (standard) or 22 months' imprisonment in organized cases

• 4,000-5,000 grams: 20 months' imprisonment (standard) or 28 months' imprisonment in organized cases

• 5,000-6,000 grams: 24 months' imprisonment (standard) or 34 months' imprisonment in organized cases

• 6,000-7,000 grams: 28 months' imprisonment (standard) or 40 months' imprisonment in organized cases

• 7,000-8,000 grams: 32 months' imprisonment (standard) or 42 months' imprisonment in organized cases

• 8,000-9,000 grams: 34 months' imprisonment (standard) or 45 months' imprisonment in organized cases

• 9,000-10,000 grams: 36 months' imprisonment (standard) or 48 months' imprisonment in organized cases

• 10,000-20,000 grams: 40 months' imprisonment (standard) or 50 months' imprisonment in organized cases

• > 20,000 grams: > 50 months' imprisonment (standard) or > 72 months' imprisonment in an organized setting

1 pill or 5 ml are equivalent to 0.5 grams of powder in these landmarks.

The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the guiding principles in doing so. A specialized lawyer can help you with this.

For the import and export of hard drugs, the court uses the following landmarks:

• 0-10 grams: 1-3 wkn imprisonment

• 10-50 grams: 3-5 wkn imprisonment

• 50-100 grams: 5-7 wkn imprisonment

• 100-150 grams: 7-10 wkn imprisonment

• 150-200 grams: 10-12 wkn imprisonment

• 200-500 grams: 3-6 months imprisonment (standard) or in organization 6-7 1/3rd months imprisonment

• 500-1,000 grams: 6-8 months imprisonment (standard) or in organization 8-12 months imprisonment

• 1,000-1,500 grams: 8-12 months imprisonment (standard) or in organization 12-24 months imprisonment

• 1,500-2,000 grams: 12-24 months imprisonment (standard) or in organization 24-30 months imprisonment

• 2,000-3,000 grams: 24-30 months imprisonment (standard) or in organization 30-36 months imprisonment

• 3,000-4,000 grams: 30-36 months imprisonment (standard) or in organization 36-42 months imprisonment

• 4,000-5,000 grams: 36-38 months imprisonment (standard) or in organization 42-45 months imprisonment

• 5,000-6,000 grams: 38-40 months imprisonment (standard) or in organization 45-48 months imprisonment

• 6,000-7,000 grams: 40-42 months imprisonment (standard) or in organization 48-51 months imprisonment

• 7,000-8,000 grams: 42-44 months imprisonment (standard) or in organization 51-54 months imprisonment

• 8,000-9,000 grams: 44-46 months imprisonment (standard) or in organization 54-57 months imprisonment

• 9,000-10,000 grams: 46-48 months imprisonment (standard) or in organization 57-60 months imprisonment

• 10,000-20,000 grams: 48-60 months imprisonment (standard) or in organization 60-72 months imprisonment

• > 20,000 grams: > 60 months imprisonment (standard) or in organization > 72 months imprisonment

1 pill or 5 ml are equivalent to 0.5 grams of powder in these landmarks.

The court has no guidelines for the importation and exportation of soft drugs. The Public Ministry does have sentencing guidelines for that.

The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the guiding principles in doing so. A specialized lawyer can help you with this.