What is the Difference between Soft Drugs and Hard Drugs?
The Opium Act lists all criminal offenses related to narcotics, also known as drugs. The drugs prohibited by the Opium Act are listed in two lists: list I and list II. This way, a legal distinction is made between soft drugs and hard drugs. List I of the Opium Act includes hard drugs. Think of heroin, cocaine, amphetamine, ecstasy (XTC), and GHB, for example. According to the Dutch government, hard drugs pose unacceptable health risks. List II of the Opium Act includes soft drugs. Think of hash and weed, but also magic mushrooms. The risks of soft drugs are considered less significant by the Dutch government than those of hard drugs. By using two lists, not only is a distinction made in the severity of punishment, but it also allows for setting different rules for soft drugs and hard drugs. The tolerance of selling weed and hash in coffee shops (the so-called tolerance policy) is an example of this.
Is Growing Hemp Punishable?
The cultivation of marijuana plants is punishable. The Dutch tolerance policy means that hemp cultivation on a small scale for personal use generally has no criminal consequences. With a maximum of five hemp plants or cuttings, the police will only confiscate these. With more than five hemp plants or cuttings, prosecution will generally be initiated. Has the police found a hemp nursery at your home or are you suspected of large-scale hemp cultivation? Contact us at the earliest possible stage.
Is Preparing and Facilitating Illegal Hemp Cultivation Punishable?
To combat large-scale hemp cultivation more effectively, preparing and promoting illegal hemp cultivation has been prohibited since March 1, 2015. This means it is punishable to earn money by supplying goods or services for illegal hemp cultivation. This criminalization targets individuals and companies that are not (yet) cultivating themselves. Think of grow shops, landlords of cultivation locations, builders of grow rooms, and electricians who install illegal electrical systems.
Is Possession of a Small Amount of Drugs for Personal Use Punishable?
Drug possession is having narcotics in your possession. This is punishable, regardless of whether it concerns hard drugs or soft drugs. The Dutch tolerance policy means that possession of a small (“minor”) amount of drugs for personal use generally has no criminal consequences. In the case of hard drugs, this refers to one average user quantity (1 ecstasy pill, 0.5 grams of cocaine/heroin, 5 ml GHB). In the case of soft drugs (hemp, hash), you may carry 5 grams. Although you will not be prosecuted for drug possession for this minor amount, the drugs found will be confiscated. For a larger quantity of drugs, prosecution will generally be initiated.
Are You Allowed to Drive under the Influence of Drugs?
Driving under the influence of drugs is punishable. If the police suspect that you are no longer fit to operate a motor vehicle, your driver’s license may be confiscated. This suspicion may arise, for example, if you cause concrete and serious danger to road safety, such as by making swerving movements. For driving under the influence, you may also receive a summons or be invited to a so-called Public Prosecutor’s hearing. In addition to imposing penalties, both the public prosecutor and the judge can proceed to disqualify you from driving. Are you suspected of driving under the influence? Then contact us at the earliest possible stage. We are happy to advise you.
When is Drug Trafficking Considered?
Dealing in drugs, also known as dealing, is punishable. If you possess more than a small amount of drugs for personal use (more than 0.5 grams of hard drugs or 5 grams of soft drugs), this is considered a trading quantity. In other words, it is assumed that these drugs are intended for trade. In many cases, this is unjustified. If you have been caught with a trading quantity of drugs on you, for example at a festival, it is advisable to seek expert advice from a criminal lawyer. Our specialists are happy to help you.
When Can the Mayor Proceed to Close My Premises or Home?
If more than 0.5 grams of hard drugs are found in your premises or home, or more than 5 grams of soft drugs or 5 hemp plants, this is considered a trading quantity. In other words, it is assumed that the drugs found are intended for drug trafficking. In that case, the mayor is generally authorized to close your premises or home. Whether you were aware of the presence of the drugs is irrelevant. Even if you only rent out the premises or home in question and have nothing to do with the drugs, the mayor can proceed with closure. This closure can vary from one month to an indefinite period. If you have received a letter from your municipality that the mayor intends to proceed with closure, we advise you to contact us immediately. Immediate action is often necessary to prevent closure.
What Punishment Can You get for a Drug Offense?
Drug offenses come in many forms and sizes. Think of drug possession at a festival, large-scale drug trafficking, or even drug smuggling from abroad. Drug production also varies from a hemp plantation in your own home to a professionally equipped drug lab. Therefore, what punishment you can expect if you are convicted of a drug offense cannot be answered in general terms. It not only depends on which drug offense you are suspected of, but also whether it concerns hard drugs or soft drugs. Additionally, the weight of the narcotics and whether you have been previously convicted of similar offenses are taken into account. We can inform you about what punishment you might expect. Feel free to contact us without obligation.
Why Hire a Lawyer if You are Suspected of a Drug Offense?
A conviction for possession, production, or trafficking of drugs can affect your future. You may not only risk imprisonment. You may also encounter problems in the future when obtaining a Certificate of Conduct (VOG). Your lawyer helps you prevent these unpleasant consequences. Our criminal lawyers have extensive experience with these types of criminal cases. Based on your case file, they will search for the best defense strategy in your criminal case. Your lawyer will investigate whether an acquittal is possible in your criminal case. Contact us without obligation to discuss the possibilities together.
Have You Received a Settlement Proposal or Penalty Order?
If you are suspected of a drug offense, the Public Prosecution Service may choose in some cases not to bring your case before a criminal judge, but to handle the case themselves. This can be done through a settlement proposal or a penalty order. It is also possible that you will be invited to a Public Prosecutor’s hearing. In all these cases, you risk getting a criminal record. Therefore, never agree to this before speaking with your lawyer. We help you prevent these adverse consequences.
