Drug Policy of The Netherlands - Non-enforcement

Non-enforcement

The drug policy of the Netherlands is marked by its distinguishing between so called "soft" and "hard drugs". An often used argument is that alcohol, which is claimed by some scientists as a hard drug, is legal and a soft drug can't be more dangerous to society if it's controlled. This may refer to the Prohibition in the 1920s, when the U.S. government decided to ban all alcohol. Prohibition created a golden opportunity for organized crime syndicates to smuggle alcohol, and as a result the syndicates were able to gain considerable power in some major cities.

Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still misdemeanors, punishable by fines. Coffee shops are also technically illegal but are flourishing nonetheless. However, a policy of non-enforcement has led to a situation where reliance upon non-enforcement has become common, and because of this the courts have ruled against the government when individual cases were prosecuted.

This is because the Dutch Ministry of Justice applies a gedoogbeleid (tolerance policy) with regard to the category "soft drugs": an official set of guidelines telling public prosecutors under which circumstances offenders should not be prosecuted. This is a more official version of a common practice in other European countries wherin law enforcement sets priorities regarding offenses on which it is important enough to spend limited resources.

According to current gedoogbeleid the possession of a maximum amount of five grams cannabis for personal use is not prosecuted. Cultivation is treated in a similar way. Cultivation of 5 plants or less is usually not prosecuted when they are renounced by the cultivator. (Dutch)

Proponents of gedoogbeleid argue that such a policy practices more consistency in legal protection than without it. Opponents of the Dutch drug policy either call for full legalization, or argue that laws should penalize morally wrong or deviant behavior, whether enforceable or not. In the Dutch courts, however, it has long been determined that the institutionalized non-enforcement of statutes with well defined limits constitutes de facto decriminalization. The statutes are kept on the books mainly due to international pressure and in adherence with international treaties. A November 2008 poll showed that a 60% majority of the Dutch population support the legalisation of soft drugs. The same poll showed that 85% supported closing of all cannabis coffee shops within 250 meters walking distance from schools.