Soft Drugs Tolerance Policy: Enjoying Cannabis in Maastricht

In the Netherlands, a tolerant approach is taken towards soft drugs. Tolerance, in this context, means that certain criminal acts, such as the sale of soft drugs as defined by the Opium Act, are not actively prosecuted by the government. Thanks to this tolerance policy, it is still possible to legally sell soft drugs, as long as coffee shops adhere to established rules. Thus, what may be considered forbidden elsewhere can still take place within the bounds of this policy.

Tolerance Policy for Coffee Shops and Soft Drugs

To sell soft drugs, coffee shops in Maastricht must follow specific tolerance rules. For instance, a coffee shop can only keep a maximum of 500 grams of stock. If the quantity exceeds this limit, the shop risks being shut down. Another crucial rule is that only individuals aged 18 and older, who are residents of the Netherlands, are permitted to enter coffee shops for the purchase of soft drugs. To enforce this requirement, coffee shop owners are responsible for verifying customers’ identities and, if necessary, residence permits.

The Purpose of the Tolerance Policy

You might wonder why the Netherlands has implemented a tolerance policy for soft drugs. One significant reason is to prevent the sale and use of illegal drugs. Additionally, the policy enables better regulation and supervision of the quality of soft drugs. Another consideration behind the tolerance policy is the practical difficulty of enforcing strict regulations on the sale and use of soft drugs.

Tolerance Criteria for Coffee Shops

All coffee shops in the Netherlands must adhere to specific rules, known as tolerance criteria, when selling soft drugs. These criteria include:

  1. Limiting the sale of soft drugs to a maximum of 5 grams per person per day.
  2. Restricting the stock of soft drugs to a maximum of 500 grams.
  3. Prohibiting the sale of hard drugs.
  4. Prohibiting the sale of soft drugs to individuals under 18 years of age.
  5. Restricting entry to coffee shops to individuals aged 18 and above.
  6. Prohibiting the sale of alcohol within coffee shops.
  7. Prohibiting drug-related advertisements by coffee shops.
  8. Ensuring that the coffee shop does not cause disturbances in the surrounding environment.

Failure to comply with the above criteria can result in prosecution and potential temporary closure of the coffee shop by the mayor.

Is Selling Soft Drugs a Criminal Offense?

While selling soft drugs is technically punishable, coffee shops that adhere to the established tolerance criteria can operate without legal consequences. However, selling soft drugs as a private individual may lead to criminal prosecution. For example, individuals involved in growing, selling, or transporting quantities of soft drugs beyond a certain limit can face a maximum prison sentence of two years.

Is the Use of Soft Drugs Punishable?

The use of soft drugs itself is not considered a punishable offense. However, most municipalities prohibit the public use of soft drugs, such as in streets or parks, due to associated nuisance. If such a prohibition exists, the police will enforce it by patrolling and conducting checks.

The Public Prosecution Service has set a possession limit of up to 5 grams of soft drugs for individuals. If a person is found with more than 5 grams, they must surrender the excess quantity, and criminal action is unlikely to follow. Nonetheless, the production or sale of soft drugs by private individuals remains strictly prohibited and can lead to prosecution.

Stricter Measures for Coffee Shops

In recent years, the criteria and measures pertaining to coffee shops have become more stringent. The government has implemented this strict policy to combat the nuisances and criminal activities sometimes associated with coffee shops and drug trade. One aspect of this policy is the requirement that only Dutch residents are allowed entry into coffee shops for the purchase of soft drugs. Coffee shop owners must diligently verify the age of customers, only admitting individuals aged 18 and above. Additionally, municipalities may impose supplementary requirements on coffee shops, such as specific operating hours or increased distance from schools, to mitigate potential disturbances.

Is There a Tolerance Policy for Hard Drugs?

There is absolutely no tolerance policy for hard drugs. The production, trade, and possession of hard drugs are strictly prohibited. Law enforcement primarily focuses on combating the production and trafficking of hard drugs, particularly in large quantities. Possession of small amounts of hard drugs for personal use is generally of low priority for prosecution.

Is There a Tolerance Policy for Public Drunkenness?

Public drunkenness is considered a criminal offense but is generally tolerated in the Netherlands unless it causes disturbances, nuisance, or poses a danger to the individuals involved or their surroundings. Typically, individuals found intoxicated in public are encouraged to return home. In specific cases where the environment is endangered, punishment can include fines or even imprisonment.

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