The Dutch Drug Policy from a Regulatory Perspective

Starting in the 1970s, the Netherlands developed a regulatory regime for narcotic drugs by distinguishing between hashish and marihuana (“soft drugs”) and other drugs (“hard drugs”). The authorities decided to cease prosecuting the possession of consumer quantities of the former type and to allow the sale of soft drugs at “coffee shops”. However, they did little to control the activities of coffee shop operators, whereas the supply of soft drugs to the shops remained illegal. In this paper, we review the ongoing debate on the soft drug policy in the Netherlands and analyze it from the perspective of the regulation of illegal markets.

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Notes

The topic was, for example, discussed during the Fifth Annual Conference of the International Society for the Study of Drug Policy, held in Utrecht, the Netherlands on 23–24 May 2011.

Five countries originally signed the Schengen Agreement (Belgium, France, Germany, Luxembourg and the Netherlands). Fixed border checks between Belgium, Luxembourg and the Netherlands were abolished in 1961, when the Benelux Customs Union came into effect.

Local authorities decide independently whether to allow coffee shops. In 2012, only 25 % of the Dutch municipalities had in fact done so (Bieleman et al. 2013).

Case C/09/428074, The Hague, 5 June 2013.

Even cannabis seeds are legal in the Netherlands. In practice however, professional growers usually use cuttings instead of seeds. Because the Opium Act does not take the growing stage of the plant into account, cuttings are illegal (Spapens 2011).

The policy is based entirely on decisions not to prosecute so one may argue that it is not proper regulation because no laws were changed.

Although it should be noted that Uruguay did decide to ban foreigners from buying hashish and marihuana.

References

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Authors and Affiliations

  1. Tilburg University, Tilburg, Netherlands Toine Spapens
  2. Erasmus University, Rotterdam, Netherlands Thaddeus Müller & Henk van de Bunt
  1. Toine Spapens