Просмотр кода страницы Английская Википедия:Drug policy of the Netherlands

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[[File:CoffeeShopAmsterdam.jpg|thumb|250px|[[Cannabis coffee shop]] in [[Amsterdam]], Netherlands]]
[[File:Blowverbod.jpg|thumb|upright|250px|Signs in [[Amsterdam]], indicating smoking cannabis and drinking [[alcoholic beverage|alcohol]] are prohibited in this particular neighbourhood due to disturbances]]
[[File:Ban of Nitrous oxide use.jpg|thumb|upright|250px|Street sign indicating ban of [[Nitrous oxide]] use in [[Groningen]]]]

While [[recreational drug use|recreational use]], [[Drug possession|possession]] and [[Illegal drug trade|trade]] of non-medicinal [[drug]]s described by the [[Opium Law]] are all technically [[Crime|illegal]] under [[Laws of the Netherlands|Dutch law]], official policy since the late 20th century has been to openly tolerate all recreational use while tolerating possession and trade under certain circumstances. This pragmatic approach was motivated by the idea that a drug-free Dutch society is unrealistic and unattainable, and efforts would be better spent trying to minimize harm caused by recreational drug use.<ref>[https://www.drugsinfo.nl/publiek/beleid-en-cijfers/drugs-en-beleid ''Drugs en Beleid''] ("Drugs and Policy"), ''Trimbos instituut''</ref> As a result of this '''''gedoogbeleid''''' (lit. "tolerance policy" or "policy of tolerance"), the [[Netherlands]] is typically seen as much more tolerant of drugs than most other countries.<ref>[http://edition.cnn.com/travel/article/amsterdam-travel-legal-parameters/index.html Amsterdam for tourists: What's legal?], ''CNN Travel''</ref>

Legal distinctions are made in the Opium Law between drugs with a low risk of harm and/or [[addiction]], called 'soft drugs', and drugs with a high risk of harm and/or [[addiction]], called 'hard drugs'. Soft drugs include [[Hashish|hash]], [[marijuana]], [[sleeping pills]] and [[sedatives]], while hard drugs include [[heroin]], [[cocaine]], [[amphetamine]], [[LSD]] and [[Ecstasy (drug)|ecstasy]]. Policy has been to largely tolerate the sale of soft drugs while strongly suppressing the sale, circulation and use of hard drugs, effectively separating it into two markets. Establishments that have been permitted to sell soft drugs under certain circumstances are called ''coffee shops''.<ref>[https://www.government.nl/topics/drugs/toleration-policy-regarding-soft-drugs-and-coffee-shops Toleration policy regarding soft drugs and coffee shops], ''Ministry of Security and Justice''</ref> Laws established in January 2013 required visitors of coffee shops to be Dutch residents, but these laws were only applied in [[Zeeland]], [[North Brabant]] and [[Limburg (Netherlands)|Limburg]] after much local criticism.<ref>[http://www.rnw.nl/english/video/weed-pass-sparks-new-problems Weed pass sparks new problems] {{Web archive |url=https://web.archive.org/web/20121020144225/http://www.rnw.nl/english/video/weed-pass-sparks-new-problems |date=2012-10-20 }}. rnw.nl. 2012-05-09.</ref><ref>{{cite news |url=http://www.nydailynews.com/life-style/health/amsterdam-ditches-controversial-weed-pass-law-article-1.1205634 |title=Amsterdam ditches controversial 'weed pass' law |date= November 21, 2012 |location=New York |work=Daily News}}</ref> Possession of a soft drug for personal use in quantities below a certain threshold (5 grams of cannabis or 5 cannabis plants) is tolerated, but larger quantities or possession of hard drugs may lead to prosecution. Prosecution for possession, trade and (in some rare cases) use are typically handled by the [[Municipal politics in the Netherlands|municipal government]] except where large-scale criminal activity is suspected.<ref>[http://www.wetrecht.nl/drugsbezit-en-drugshandel/ ''Drugsbezit en drugshandel''] (Possession and trade of drugs), ''Wet & Recht''</ref><ref name="possession">[https://www.government.nl/topics/drugs/am-i-committing-a-criminal-offence-if-i-possess-produce-or-deal-in-drugs Am I committing a criminal offence if I possess, produce or deal in drugs?], ''Ministry of Security and Justice''</ref>

Notably absent from toleration of drugs is its production, particularly the cultivation of [[Cannabis (drug)|cannabis]]. This has led to a seemingly [[paradox]]ical system where coffee shops are allowed to buy and sell soft drugs but where production is nearly always punished.<ref name="possession"/> Because coffee shops have to get their goods from somewhere, criticism has been raised over the years against continued prosecution of soft drug producers. It was first challenged in court in 2014 when a judge found two people guilty of producing cannabis in large quantities but refused to punish them.<ref>{{cite web |url = https://www.nrc.nl/nieuws/2014/10/17/rechter-volgt-wietparadox-1431720-a1264875 |title = ''Rechter volgt wietparadox'' ("Judge follows weed paradox"), ''NRC''}}</ref><ref>[https://www.nrc.nl/nieuws/2015/09/16/wiet-de-rechter-is-er-wel-klaar-mee-1536588-a602060 ''Wiet - de rechter is er wel klaar mee''] ,"Weed - judges are quite done with it", ''NRC''</ref> A significant change occurred in early 2017, when a slight majority in the [[House of Representatives (Netherlands)|House of Representatives]] allowed for a law to pass that would partly legalize production of [[Cannabis (drug)|cannabis]].<ref>[https://nos.nl/artikel/2159345-tweede-kamer-steunt-regulering-wietteelt.html ''Tweede Kamer steunt regulering wietteelt''], ("House of Representatives supports regulating weed cultivation"), ''NOS''</ref> In late 2017, the newly formed coalition announced that they would seek to implement an experimental pilot program in smaller cities where coffee shops could acquire cannabis from a state-appointed producer.<ref>[https://www.rtlnieuws.nl/nederland/politiek/nieuw-kabinet-staat-proef-met-legale-wietteelt-toe ''Nieuw kabinet staat proef met legale wietteelt toe''] ("New cabinet allows experiment with legal weed cultivation") {{Webarchive|url=https://web.archive.org/web/20171018012753/https://www.rtlnieuws.nl/nederland/politiek/nieuw-kabinet-staat-proef-met-legale-wietteelt-toe |date=18 October 2017 }}, ''RTL News''</ref>  The program went into effect in two cities - Breda and Tilburg - in December 2023.<ref>"Legal cannabis available in Tilburg, Breda as regulation experiment starts," The NL Times, December 15, 2023, retrieved from https://nltimes.nl/2023/12/15/legal-cannabis-available-tilburg-breda-regulation-experiment-starts</ref>

While the legalization of cannabis remains controversial, the introduction of [[heroin-assisted treatment]] in 1998 has been lauded for considerably improving the health and social situation of opiate-dependent patients in the Netherlands.<ref>{{cite journal |pmc=2219559 |title=Heroin-assisted Treatment (HAT) a Decade Later: A Brief Update on Science and Politics |date= July 2007 |pmid=17562183 |doi=10.1007/s11524-007-9198-y |volume=84 |issue=4 |journal=J Urban Health |pages=552–62|last1=Fischer |first1=Benedikt |last2=Oviedo-Joekes |first2=Eugenia |last3=Blanken |first3=Peter |last4=Haasen |first4=Christian |last5=Rehm |first5=Jürgen |last6=Schechter |first6=Martin T. |last7=Strang |first7=John |last8=Van Den Brink |first8=Wim }}</ref>

== Public health ==
[[File:Smokers-as-a-percentage-of-adult-pop.jpg|thumb|left|Cigarette smokers as a percentage of the population for the Netherlands as compared with the [[Smoking in the United States|United States]], [[Smoking in Norway|Norway]], [[Smoking in Japan|Japan]], and [[Smoking in Finland|Finland]]]]

Large-scale dealing, production, import and export are prosecuted to the fullest extent of the law, even if it does not supply end users or ''[[Coffeeshop (Netherlands)|coffeeshop]]s'' with more than the allowed amounts. Exactly how coffeeshops get their supplies is rarely investigated, however. The average concentration of [[THC]] in the cannabis sold in coffeeshops has increased from 9% in 1998 to 18% in 2005.<ref name="Drug2006">{{cite web|url=http://www.unodc.org/unodc/en/data-and-analysis/WDR-2006.html |title=Word Drug report, 2006, Chapter 2.3 |publisher=Unodc.org |access-date=2011-04-20}}</ref> This means that less plant material has to be consumed to achieve the same effect. One of the reasons is [[plant breeding]] and use of [[greenhouse]] technology for illegal growing of cannabis in Netherlands.<ref name="Drug2006"/>
The former minister of Justice [[Piet Hein Donner]] announced in June 2007 that cultivation of cannabis shall continue to be illegal.

== Non-enforcement ==
[[File:Coffee shop license AMS mirror.JPG|thumb|City license for a [[cannabis coffee shop]] in [[Amsterdam]], [[Netherlands]]]]
[[File:038 Drug use forbidden in Rotterdam, Netherlands.jpg|thumb|Drug use is forbidden by local ordinance in [[Rotterdam]].]]
[[File:2013-04-01 Utrecht 10.JPG|thumb|right|A coffeeshop in [[Utrecht]]]]

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,<ref name="MSNBC">{{cite web|url=http://www.nbcnews.com/id/17760130 |title=Alcohol, tobacco among riskiest drugs |work=NBC News |date=2007-03-24 |access-date=2011-04-20}}</ref> is legal and a soft drug cannot be more dangerous to society if it is 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.<ref>{{cite web |url=http://www.nrc.nl/international/article2061261.ece/Call_for_end_to_distinction_between_soft_and_hard_drugs |archive-url=https://archive.today/20120909103552/http://www.nrc.nl/international/article2061261.ece/Call_for_end_to_distinction_between_soft_and_hard_drugs |url-status=dead |archive-date=2012-09-09 |title=Call for end to distinction between soft and hard drugs |publisher=Nrc.nl |access-date=2011-04-20 }}</ref>
Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still [[misdemeanor]]s, punishable by fines. Coffeeshops 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 of 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 wherein 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.<ref>{{cite web|url=http://www.justitie.nl/onderwerpen/criminaliteit/drugs/softdrugs/ |title=Drugs &#124; Rijksoverheid.nl |date=14 October 2010 |publisher=Justitie.nl |access-date=2011-04-20}} (in Dutch)</ref>

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.<ref>{{cite news | first=Marc | last=Peeperkorn | title=Kamer voor legaliseren softdrugs| url=http://www.volkskrant.nl/den_haag/article164670.ece | work=Volkskrant | date=22 April 2003 | access-date=31 January 2009 | language=nl | quote=To make the sale, trade and growth of soft drugs not punishable is currently hindered by United Nations treaties.}}</ref> 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 coffeeshops within 250 meters walking distance from schools.<ref>{{cite news | title=Meeste Nederlanders voor legalisering softdrugs | url=http://www.parool.nl/parool/nl/224/Binnenland/article/detail/47361/2008/11/21/Meeste-Nederlanders-voor-legalisering-softdrugs.dhtml | work=Het Parool | agency=ANP | date=21 November 2008 | access-date=31 January 2009 | language=nl | quote=Two thirds of all Dutch advocate the legalisation of softdrugs. | archive-url=https://web.archive.org/web/20081227233405/http://www.parool.nl/parool/nl/224/Binnenland/article/detail/47361/2008/11/21/Meeste-Nederlanders-voor-legalisering-softdrugs.dhtml | archive-date=27 December 2008 | url-status=dead }}</ref>

== Drug law enforcement ==
Importing and exporting of any classified drug is a serious offence. The penalty can run up to 12 to 16 years if it is hard drug trade, maximum 4 years for import or export of large quantities of cannabis.<ref>{{cite web |url=http://eldd.emcdda.europa.eu/index.cfm?fuseaction=public.content&sLanguageISO=EN&nNodeID=5174 |title=ELDD : Country profiles, Netherlands |publisher=Eldd.emcdda.europa.eu |access-date=2011-04-20 |url-status=dead |archive-url=https://web.archive.org/web/20080702034241/http://eldd.emcdda.europa.eu/index.cfm?fuseaction=public.content&sLanguageISO=EN&nNodeID=5174 |archive-date=2008-07-02 }}</ref> It is prohibited to operate a motor vehicle while under the influence of any drug that affects driving ability to such an extent that you are unable to drive properly. (Section 8 of the 1994 Road Traffic Act section 1). The Dutch police have the right to do a drug test if they suspect influenced driving. For example, anybody involved in a traffic accident may be tested. Causing an accident that inflicts bodily harm, while under influence of any drug, is seen as a crime that may be punished by up to 3 years in prison (9 years in case of a fatal accident). Suspension of driving license is also normal in such a case (maximum 5 years).<ref>[http://eldd.emcdda.europa.eu/attachements.cfm/att_5737_EN_Drugs_and_driving.pdf EMCDDA: Drugs and driving, page 9, June 2003] {{webarchive |url=https://web.archive.org/web/20130511230702/http://eldd.emcdda.europa.eu/attachements.cfm/att_5737_EN_Drugs_and_driving.pdf |date=May 11, 2013 }}</ref> [[Schiphol Airport|Schiphol]], a large international airport near [[Amsterdam]], has long practiced a [[zero tolerance]] policy regarding airline passengers carrying drugs. In 2006 there were 20,769 drug crimes registered by public prosecutors and 4,392 persons received an unconditional prison sentence<ref name="nationalR">[[EMCDDA]]. [http://www.emcdda.europa.eu/html.cfm/index61221EN.html National report 2007: Netherlands]</ref> The rate of imprisonment for drug crimes is about the same as in [[Sweden]], which has a [[zero tolerance]] policy for drug crimes.<ref>[http://www.kriminalvarden.se/upload/Informationsmaterial/Basic%20Facts%2007.pdf The Swedish Prison and Probation Service in Basic Facts, 2007 pp. 20–21] {{webarchive|url=https://web.archive.org/web/20080911000811/http://www.kriminalvarden.se/upload/Informationsmaterial/Basic%20Facts%2007.pdf |date=2008-09-11 }}. Drugs/goods trafficking: 21,6% of a total number of 10,428 imprisoned in 2006.</ref>
[[File:Bolletjes.jpg|thumb|left|[[X-ray]] of a [[balloon swallower]] trafficking [[cocaine]]]]
Despite the high priority given by the Dutch government to fighting illegal drug trafficking, the Netherlands continue to be an important transit point for drugs entering Europe. The Netherlands is a major producer<ref>{{cite web |url=http://www.unodc.org/pdf/research/wdr07/seizures_lab.pdf |title=UNODC: Seizures laboratories |page=7 |access-date=2011-04-20}}</ref> and leading distributor of [[cannabis (drug)|cannabis]], [[heroin]], [[cocaine]], [[amphetamines]]<ref>{{cite web |url=http://english.justitie.nl/currenttopics/pressreleases/achives2004/Report-on-Dutch-drugs-market-submitted-to-the-Lower-House.aspx |title=Report on Dutch drugs market submitted to the Lower House, 2004 |publisher=English.justitie.nl |date=2004-10-25 |access-date=2011-04-20}}</ref><ref>{{cite web |url=http://www.unodc.org/unodc/index.html |title=World Drug report 2007, page 131 |publisher=UNODC |access-date=2011-04-20}}</ref> and other synthetic drugs, and a medium consumer of illicit drugs.<ref>{{cite web|url=http://www.trouw.nl/hetnieuws/europa/article851704.ece/Europa_snuift_steeds_meer_lijntjes_coke|title=Cookies op Trouw.nl|access-date=2007-11-23|archive-url=https://web.archive.org/web/20071123233558/http://www.trouw.nl/hetnieuws/europa/article851704.ece/Europa_snuift_steeds_meer_lijntjes_coke|archive-date=2007-11-23|url-status=dead}}</ref> Despite the crackdown by [[Interpol]] on traffic and illicit manufacture of [[temazepam]],<ref>{{cite web|url=http://www.interpol.int/pv_obj_cache/pv_obj_id_6681FD32DA3214A4804D1836FCA2A454C3E50B00/filename/agn69r01.pdf|title=Interpol Annual Report - Temazepam|website=interpol.int|url-status=dead|archive-url=https://web.archive.org/web/20140109180937/http://www.interpol.int/pv_obj_cache/pv_obj_id_6681FD32DA3214A4804D1836FCA2A454C3E50B00/filename/agn69r01.pdf|archive-date=2014-01-09}}</ref> the country has also become a major exporter of illicit temazepam of the jelly variety, trafficking it to the [[United Kingdom]] and other European nations.<ref>{{cite news| url=https://www.theguardian.com/uk/1999/sep/05/theobserver.uknews6 | work=The Guardian | location=London | title=Deaths soar as Dutch drugs flood in | date=5 September 1999 | access-date=1 May 2010 | first=Alex | last=Bell}}</ref> The government has intensified cooperation with neighbouring countries and stepped up border controls. In recent years, it also introduced so-called 100% checks and bodyscans at [[Schiphol]] Airport on incoming flights from Dutch overseas territories [[Aruba]] and [[Netherlands Antilles]] to prevent importing cocaine by means of swallowing balloons by [[Mule (smuggling)|mules]].

Although drug use, as opposed to [[illegal drug trade|trafficking]], is seen primarily as a public health issue, responsibility for drug policy is shared by both the Ministry of Health, Welfare, and Sports, and the Ministry of Justice.

The Netherlands spends more than €130 million annually on facilities for addicts, of which about fifty percent goes to drug addicts. The Netherlands has extensive demand reduction programs, reaching about ninety percent of the country's 25,000 to 28,000 hard drug users. The number of hard drug addicts has stabilized in the past few years and their average age has risen to 38 years, which is generally seen as a positive trend. Notably, the number of drug-related deaths in the country remains amongst the lowest in Europe.<ref>{{cite web |url=http://www.emcdda.europa.eu/html.cfm/index64151EN.html |archive-url=https://wayback.archive-it.org/all/20090126121750/http://www.emcdda.europa.eu/publications/annual-report/2008 |url-status=dead |archive-date=26 January 2009 |title=page 84 |publisher=Emcdda.europa.eu |date=2009-09-01 |access-date=2011-04-20 }}</ref>

On 27 November 2003, the Dutch Justice Minister Piet Hein Donner announced that his government was considering rules under which coffeeshops would only be allowed to sell soft drugs to Dutch residents in order to satisfy both European neighbors' concerns about the influx of drugs from the Netherlands, as well as those of Netherlands border town residents unhappy with the influx of "[[Drug tourism|drug tourists]]" from elsewhere in Europe. The [[European Court of Justice]] ruled in December 2010 that Dutch authorities can ban coffeeshops from selling cannabis to foreigners. The EU court said the southern Dutch city of [[Maastricht]] was within its rights when it introduced a "weed passport" in 2005 to prevent foreigners from entering cafés that sell cannabis.<ref>[http://www.eurad.net/hXGXCmxdLYX0.4.idium EURAD: Dutch authorities can ban coffeeshops from selling marijuana to foreigners] {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>

In 2010 the owner of Netherlands's largest cannabis selling coffeeshop was fined 10 million euros for breaking drug laws by keeping more than the tolerated amount of cannabis in the shop. He was also sentenced to a 16-week prison term.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/8587576.stm |title=Dutch coffeeshop fined 10m euros for breaking drug law, BBC,25 March 2010 |work=BBC News |date=2010-03-25 |access-date=2011-04-20}}</ref>

== Results of the drug policy ==
Criminal investigations into more serious forms of organized crime mainly involve drugs (72%). Most of these are investigations of hard drug crime (specifically cocaine and synthetic drugs) although the number of soft drug cases is rising and currently accounts for 69% of criminal investigations.<ref name="trim">[http://www.trimbos.nl/default22208.html?back=1 Trimbos Institute: Cannabis use stable, but treatment demand rising; National Drug Monitor Annual Report 2006 (19-06-2007) ] {{webarchive |url=https://web.archive.org/web/20090804041832/http://www.trimbos.nl/default22208.html?back=1 |date=August 4, 2009 }}</ref>

In a study of the levels of [[cannabis]], [[cocaine]], [[MDMA]], methamphetamine and other [[amphetamine]] in wastewater from 42 major cities in Europe [[Amsterdam]] came near the top of the list in every category but methamphetamine.<ref>{{cite web|url=http://edition.cnn.com/2014/05/28/world/europe/wastewater-drug-tests/index.html?hpt=hp_t3|title=Tests on sewage water exposes cities on cocaine, cannabis, other drugs|first1=Ben|last1=Brumfield|date=28 May 2014|work=CNN}}</ref>

The Netherlands tolerates the sale of soft drugs in ‘coffee shops’. A coffee shop is an establishment where cannabis may be sold subject to certain strict conditions, but no alcoholic drinks may be sold or consumed. The Dutch government does not prosecute members of the public for possession or use of small quantities of soft drugs.<ref>{{Cite web|url=https://www.government.nl/topics/drugs|title=The Netherlands tolerates the sale of soft drugs in 'coffee shops'|date=28 November 2013}}</ref>

In the province of [[North Brabant]] in the south of the Netherlands, the organized crime organizations form the main producer of [[MDMA]], [[amphetamine]] and [[cannabis]] in Europe. Together with the proximity of the ports of [[Antwerp]] and especially [[Rotterdam]] where [[heroin]] and [[cocaine]] enter the European continent, this causes these substances to be readily available for a relative low price. Therefore, there is a large quantity drugs of a relative high purity/quality available. This means that users will not have to rely on more polluted substances with greater health risks. Together with an approach that focuses on easily accessible health care, harm reduction and prevention, this causes the medical condition of the Dutch addicts to be less severe than that of many other countries.<ref>{{cite web |url=http://www.trimbos.nl/~/media/Themas/7_Feiten_Cijfers_Beleid/AF1196%2013-772%20NDM%20jaarbericht%202012%20digitaal.ashx |title=Archived copy |access-date=2015-01-02 |url-status=dead |archive-url=https://web.archive.org/web/20150105043115/http://www.trimbos.nl/~/media/Themas/7_Feiten_Cijfers_Beleid/AF1196%2013-772%20NDM%20jaarbericht%202012%20digitaal.ashx |archive-date=2015-01-05 }}</ref>

==Implications of international law==
The Netherlands is a party to the 1961 [[Single Convention on Narcotic Drugs]], the 1971 [[Convention on Psychotropic Substances]], and the 1988 [[United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances]]. The 1961 convention prohibits cultivation and trade of naturally occurring drugs such as cannabis; the 1971 treaty bans the manufacture and trafficking of synthetic drugs such as [[barbiturates]] and [[amphetamines]]; and the 1988 convention requires states to criminalize illicit drug possession:
<blockquote>Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.</blockquote>
The [[International Narcotics Control Board]] typically interprets this provision to mean that states must prosecute drug possession offenses. The conventions clearly state that controlled substances are to be restricted to scientific and medical uses. However, [[Cindy Fazey]], former Chief of Demand Reduction for the [[United Nations Drug Control Programme]], believes that the treaties have enough ambiguities and loopholes to allow some room to maneuver. In her report entitled ''The Mechanics and Dynamics of the UN System for International Drug Control'', she notes:
<blockquote>Many countries have now decided not to use the full weight of criminal sanctions against people who are in possession of drugs that are for their personal consumption. The Conventions say that there must be an offence under domestic criminal law, it does not say that the law has to be enforced, or that when it is what sanctions should apply. . . . Despite such grey areas latitude is by no means unlimited. The centrality of the principle of limiting narcotic and psychotropic drugs for medical and scientific purposes leaves no room for the legal possibility of recreational use. . . . Nations may currently be pushing the boundaries of the international system, but the pursuit of any action to formally legalize non-medical and non-scientific drug use would require either treaty revision or a complete or partial withdrawal from the current regime.</blockquote>
The Dutch policy of keeping anti-drug laws on the books while limiting enforcement of certain offenses is carefully designed to reduce harm while still complying with the letter of international drug control treaties. This is necessary in order to avoid criticism from the International Narcotics Board, which historically has taken a dim view of any moves to relax official drug policy. In their annual report, the Board has criticised many governments, including Canada, for permitting the medicinal use of cannabis, Australia for providing injecting rooms and the United Kingdom for proposing to downgrade the classification of cannabis,<ref>{{cite web |url=http://www.fuoriluogo.it/arretrati/2003/apr_17_en.htm |title=aprile 2003 |publisher=fuoriluogo.it |access-date=2011-04-20 |archive-url=https://web.archive.org/web/20150423160616/http://www.fuoriluogo.it/arretrati/2003/apr_17_en.htm |archive-date=2015-04-23 |url-status=dead }}</ref> which it has since done (although this change was reversed by the Home Secretary on 7 May 2008 against the advice of its own commissioned report).

==Developments from 2003–2015==
{{Psychedelic sidebar}}
The liberal drug policy of the authorities in the Netherlands especially led to problems in "border hot spots" that attracted "[[drug tourism]]" as well as trafficking and related law enforcement problems in towns like [[Enschede]] in the East and [[Terneuzen]], [[Venlo]], [[Maastricht]] and [[Heerlen]] in the South. In 2006, [[Gerd Leers]], then mayor of the border city of Maastricht, on the Dutch-Belgian border, criticised the current policy as inconsistent, by recording a song with the Dutch punk rock band [[De Heideroosjes]]. By allowing possession and retail sales of cannabis, but not cultivation or wholesale, the government creates numerous problems of crime and public safety, he alleges, and therefore he would like to switch to either legalising and regulating production, or to the full repression that his party ([[Christen-Democratisch Appèl|CDA]]) officially advocates. The latter suggestion has widely been interpreted as rhetorical.<ref>{{cite web|url=http://www.maastricht.nl/maastricht/show/id=160045|title=Home - maastrichtportal|access-date=2005-12-19|archive-url=https://web.archive.org/web/20060215054728/http://www.maastricht.nl/maastricht/show/id=160045|archive-date=2006-02-15|url-status=dead}}</ref> Leers's comments have garnered support from other local authorities and put the cultivation issue back on the agenda.

In November 2008, [[Pieter van Geel]], the leader of the [[Christian Democratic Appeal|CDA]] (Christian Democrats) in the Dutch parliament, called for a ban on the cafés where cannabis is sold. He said the practice of allowing so-called coffeeshops to operate had failed. The CDA had the support of its smaller coalition partner, the [[ChristianUnion|CU]] (ChristenUnie), but the third party in government, [[Dutch Labour Party|PvdA]] (Labour), opposed. The coalition agreement worked out by the three coalition parties in 2007 stated that there would be no change in the policy of tolerance. Prominent CDA member Gerd Leers spoke out against him: cannabis users who now cause no trouble would be viewed as criminals if an outright ban was to be implemented. Van Geel later said that he respected the coalition agreement and would not press for a ban during the current government's tenure.<ref>{{cite web |url=http://www.nrc.nl/international/article2055680.ece/More_pressure_on_cannabis_coffee_shops |title=More pressure on cannabis coffeeshops |publisher=Nrc.nl |access-date=2011-04-20 |archive-url=https://web.archive.org/web/20090720015719/http://www.nrc.nl/international/article2055680.ece/More_pressure_on_cannabis_coffee_shops |archive-date=2009-07-20 |url-status=dead }}</ref>

27 ''coffeeshops'' selling cannabis in [[Rotterdam]], all within 200 metres from schools, were ordered to close down by 2009. This was nearly half of the ''coffeeshops'' that operated within its municipality. This was due to the new policy of city mayor Ivo Opstelten and the town council.<ref>{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062202015_pf.html |title=Washington Post Changing Patterns in Social Fabric Test Netherlands |work=Washingtonpost.com |date=2007-06-22 |access-date=2011-04-20}}</ref> The higher levels of the active ingredient in cannabis in Netherlands create a growing opposition to the traditional Dutch view of cannabis as a relatively innocent soft drug.<ref>[http://www.jellinek.nl/nieuws/nieuwsartikel/79 Steeds meer tieners zoeken hulp voor wietverslaving 2007] {{webarchive|url=https://archive.today/20120524203854/http://www.jellinek.nl/nieuws/nieuwsartikel/79 |date=2012-05-24 }}</ref> Supporters of ''coffeeshops'' state that such claims are often exaggerated and ignore the fact that higher content means a user needs to use less of the plant to get the desired effects, making it in effect safer.<ref>{{cite web|url=http://www.erowid.org/plants/cannabis/cannabis_myth2.shtml|title=Erowid Cannabis Vault : Exposing Marijuana Myths}}</ref> Dutch research has however shown that an increase of THC content also increase the occurrence of impaired psychomotor skills, particularly among younger or inexperienced cannabis smokers, who do not adapt their smoking-style to the higher THC content.<ref>{{Cite journal|author=Tj. T. Mensinga|url=http://www.rivm.nl/bibliotheek/rapporten/267002002.pdf|title=A double-blind, randomized, placebo-controlled, cross-over study on the pharmacokinetics and effects of cannabis|publisher=[[RIVM]]|access-date=2007-09-21|display-authors=etal}}</ref> Closing of ''coffeeshops'' is not unique to Rotterdam. Many other towns have done the same in the last 10 years.

In 2008, the municipality of [[Utrecht (city)|Utrecht]] imposed a [[Zero tolerance|Zero Tolerance]] Policy to all events like the big dance party [[Trance Energy]] held in Jaarbeurs. However, such zero-tolerance policy at dance parties are now becoming common in the Netherlands and are even stricter in cities like [[Arnhem]].

The two towns [[Roosendaal]] and [[Bergen op Zoom]] announced in October 2008 that they would start closing all ''coffeeshops'', each week visited by up to 25,000 French and Belgian drug tourists, with closures beginning in February 2009.<ref>{{cite web|url=http://www.abc.net.au/news/stories/2008/10/24/2400900.htm |title=AFP: Dutch towns close coffeeshops in 'drug tourists' crackdown, Oct 24, 2008 |publisher=Abc.net.au |date=2008-10-24 |access-date=2011-04-20}}</ref><ref>{{cite web |url=http://www.nrc.nl/international/Features/article2035693.ece/Selling_soft_drugs_is_not_a_right_even_in_the_Netherlands |title=Selling soft drugs is not a right even in the Netherlands |publisher=Nrc.nl |access-date=2011-04-20 |archive-url=https://web.archive.org/web/20081222031307/http://www.nrc.nl/international/Features/article2035693.ece/Selling_soft_drugs_is_not_a_right_even_in_the_Netherlands |archive-date=2008-12-22 |url-status=dead }}</ref>

In May 2011 the Dutch government announced that tourist are to be banned from Dutch coffeeshops, starting in the southern provinces and at the end of 2011 in the rest of the country. In a letter to the parliament, the Dutch health and justice ministers said that, "In order to tackle the nuisance and criminality associated with coffeeshops and drug trafficking, the open-door policy of coffeeshops will end".<ref name="tourism">{{cite web| url = http://uk.news.yahoo.com/tourists-face-weed-ban-dutch-coffee-shops-023932774.html| title = Tourists Face Weed Ban In Dutch Coffee Shops, Sky News, May 28, 2011 }}</ref>

A government committee delivered in June 2011 a report about Cannabis to the Dutch government. It includes a proposal that cannabis with more than 15 percent THC should be labeled as hard drugs.<ref>{{cite web|url=http://universonline.nl/en/2011/06/27/garretsen-qualify-strong-cannabis-as-hard-drugs/|title=Garretsen: qualify strong cannabis as hard drugs - Univers|work=Univers|access-date=28 June 2011|archive-date=13 February 2012|archive-url=https://web.archive.org/web/20120213170401/http://universonline.nl/en/2011/06/27/garretsen-qualify-strong-cannabis-as-hard-drugs/|url-status=dead}}</ref> Higher concentrations of [[THC]] and [[drug tourism]] have challenged the current policy and led to a re-examination of the current approach; e.g. ban of all sales of cannabis to tourists in [[Coffeehouse|coffeeshop]]s from end of 2011 was proposed but currently only the border city of Maastricht has adopted the measure in order to test out its feasibility.<ref>{{cite news| url=https://www.bbc.co.uk/news/world-europe-15134669 | work=BBC News | title=Maastricht bans cannabis coffee-shop tourists | date=2011-10-01}}</ref> According to the initial measure, starting in 2012, each coffeeshop was to operate like a private club with some 1,000 to 1,500 members. In order to qualify for a membership card, applicants would have to be adult Dutch citizens, membership was only to be allowed in one club.<ref name="theatlanticwire">{{cite news
|url=http://www.theatlanticwire.com/global/2011/05/amsterdam-ban-pot-sales-tourists/38248/
|title=Amsterdam Will Ban Tourists from Pot Coffee Shops
|work=Atlantic Wire
|access-date=2011-06-23
|date=27 May 2011
|archive-date=26 December 2018
|archive-url=https://web.archive.org/web/20181226021612/https://www.theatlantic.com/global/2011/05/amsterdam-ban-pot-sales-tourists/38248/%20
|url-status=dead
}}</ref><ref>{{cite web|url=http://www.iamexpat.nl/read-and-discuss/expat-page/news/coffee-shops-turn-into-private-clubs-for-locals|title=Coffee shops turn into private clubs for locals|work=IamExpat}}</ref>

In Amsterdam 26 coffeeshops in the [[De Wallen]] area were ordered to close their doors between 1 September 2012 and 31 August 2015.<ref>{{in lang|nl}} [https://archive.today/20120724034533/http://www.amsterdam.nl/@448683/pagina/ Straatgerichte aanpak], Website of the municipality Amsterdam</ref>

A Dutch judge has ruled that tourists can legally be banned from entering cannabis cafés, as part of new restrictions which come into force in 2012.<ref>{{cite news |title=Dutch cannabis café owners fight changes |url=https://www.bbc.co.uk/news/world-europe-17865663 |publisher=BBC |date=2012-04-27}}</ref>

A study conducted by the European Monitoring Centre of Drugs and Drug Addiction report that 25.3% of Irish people smoked cannabis at some stage in their life, and 25.7% of Dutch people have tried cannabis.<ref>{{Cite web|url=http://www.thejournal.ie/irish-smoke-as-much-marijuanaas-the-dutch-927580-may2013/|title = Irish smoke as much marijuana as the Dutch| date=28 May 2013 }}</ref>

===Law banning "magic mushrooms"===
[[File:Paddo products Warmoesstraat Amsterdam april 2007.JPG|thumb|Different [[Psychedelics, dissociatives and deliriants|entheogenic]] [[mushroom]]s on display in [[Amsterdam]], [[Netherlands]] in 2007]]

In October 2007, the prohibition of [[psychedelics, dissociatives and deliriants|hallucinogenic]] or "[[Psilocybin mushrooms|magic mushrooms]]" was announced by the Dutch authorities.<ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR2007101202239.html |title=Dutch Declare Hallucinogenic Mushrooms Illegal |work=Washingtonpost.com |date= 2007-10-13|access-date=2011-04-20 |first=Toby |last=Sterling}}</ref><ref>{{cite news|url=https://www.independent.co.uk/news/world/europe/netherlands-imposes-total-ban-on-magic-mushrooms-396774.html |title=Netherlands imposes total ban on 'magic' mushrooms |publisher=Independent.co.uk |date=2007-10-13 |access-date=2011-04-20 |location=London |first=James |last=MacIntyre}}</ref>

On 25 April 2008, the Dutch government, backed by a majority of members of parliament, decided to ban cultivation and use of all magic mushrooms. Amsterdam mayor [[Job Cohen]] proposed a three-day cooling period in which clients would be informed three days before actually procuring the mushrooms and if they would still like to go through with it they could pick up their spores from the smart shop.<ref>{{cite web|author=AFP |url=http://afp.google.com/article/ALeqM5iEADgdtkZqEa5Fll7Vf4IMMhnhBg |title=Netherlands to ban 'magic mushrooms' |date=2008-04-25 |access-date=2011-04-20 |url-status=dead |archive-url=https://web.archive.org/web/20121006071745/http://afp.google.com/article/ALeqM5iEADgdtkZqEa5Fll7Vf4IMMhnhBg |archive-date=2012-10-06 }}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/7369431.stm |title=Dutch bill to ban magic mushrooms |work=BBC News |date=2008-04-26 |access-date=2011-04-20}}</ref>
The ban has been considered a retreat from liberal drug policies.<ref>{{cite news|url=http://www.iht.com/articles/ap/2007/10/12/europe/EU-GEN-Netherlands-Magic-Mushrooms.php |title=Dutch Cabinet bans sale of hallucinogenic mushrooms in new retreat from liberal policies |newspaper=International Herald Tribune |date=2007-10-12 |access-date=2011-04-20}}</ref> This followed a few deadly incidents mostly involving tourists.<ref>{{cite web|url=http://www.simplyamsterdam.nl/news/French_tourist_in_Amsterdam_commits_suicide_after_using_magic_mushrooms.htm |title=French tourist in Amsterdam commits suicide after using 'magic mushrooms' |publisher=Simplyamsterdam.nl |date=2007-03-27 |access-date=2011-04-20}}</ref> These deaths were not directly caused by the use of the drug ''per se'', but by deadly accidents occurring while under the influence of magic mushrooms.

As of 1 December 2008, all psychedelic mushrooms are banned.<ref>{{cite web|url=http://www.reddepaddo.nl|title=Mushplanet|access-date=2008-09-02|archive-url=https://web.archive.org/web/20080808214704/http://reddepaddo.nl/|archive-date=2008-08-08|url-status=dead}}</ref> However, [[Magic truffle|schlerotia]] (what are termed as "truffles" and which have similar effects to magic mushrooms), mushroom spores, and active mycellium cultures<ref>[http://www.shamantar.com/about-truffles.html About Magic Truffles] {{webarchive|url=https://web.archive.org/web/20121201064119/http://www.shamantar.com/about-truffles.html |date=2012-12-01 }} Shamantar.com</ref> remain legal and are readily available in "[[Smart shop|smartshops]]", which are urban stores that sell legal drugs, herbs and related gadgets.

===Supply control===
The relatively recent increase in the cocaine trafficking business has been largely focused on the Caribbean area. Since early 2003, a special law court with prison facilities has been operational at Schiphol airport. Since the beginning of 2005, there has been 100% control of all flights from key countries in the Caribbean. In 2004, an average of 290 drug couriers per month were arrested, decreasing to 80 per month by early 2006.<ref name="emcddaP">[http://www.emcdda.europa.eu/html.cfm/index41522EN.html EMCDDA: Policies and laws] {{webarchive |url=https://web.archive.org/web/20081013203121/http://www.emcdda.europa.eu/html.cfm/index41522EN.html |date=October 13, 2008 }}</ref>

==See also==
*[[2014 Amsterdam drug deaths]]
*[[Arguments for and against drug prohibition]]
*[[Cannabis in the Netherlands]]
*[[Designer drug]]
*[[Drug liberalization]]
*[[Legality of cannabis by country]]
*[[Minors and the legality of cannabis]]
*[[Portugal 2001 decriminalization of drug use]]

==References==
{{Reflist|30em}}

==Further reading==
* Bewley-Taylor, David R. and Fazey, Cindy S. J.: The Mechanics and Dynamics of the UN System for International Drug Control, 14 March 2003.<!--Google-cached copy from Forward Thinking on Drugs-->
* {{citation |author1=Duncan, David F. |author2=Nicholson, Thomas |title=Dutch drug policy: A model for America? |url=http://www.druglibrary.org/schaffer/other/dutch.htm |journal=Journal of Health & Social Policy |year=1997 |volume=8 |issue=3 |pages=1–15|doi=10.1300/J045v08n03_01 |pmid=10172982 |s2cid=36884031 }}

==External links==
* EMCDDA, ELDD. [https://web.archive.org/web/20070109180740/http://eldd.emcdda.europa.eu/index.cfm?fuseaction=public.Content&nNodeID=5769&sLanguageISO=EN European Legal Map on Possession of cannabis for personal use]
* [http://www.jellinek.nl/tourists/ Explanation of the Dutch drugs policy for tourist]
* [http://www.minvws.nl/images/progress-rep-drugpolicy_tcm11-45330.pdf 2000-2001 Progress Report on the Drug Policy of the Netherlands (PDF)]
* [https://web.archive.org/web/20050313182224/http://www.hempcity.net/press/interviewWherethegrassisalwaysgreener/ Article on Amsterdam drug scene]
* [https://web.archive.org/web/20090122203516/http://www.nlplanet.com/nlguides/dutch-soft-drugs-policy NL Planet - Dutch Soft Drugs Policy]
* [http://stevenroyedwards.com/gedogen.html "Gedogen" - active Dutch tolerance.]
* [https://web.archive.org/web/20071113135028/http://www.trimbos.nl/default234.html "The National Institute of the Netherlands in the field of mental health and dependency care"] {{in lang|nl}}

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