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What is the difference between soft drugs and hard drugs?

In the Opium Law lists all offenses related to narcotics, also called drugs. The drugs prohibited by the Opium Act are listed in two lists: list I and list II. In this way, a legal distinction is made between soft drugs and hard drugs. List I of the Opium Act contains the hard drugs. These include heroin, cocaine, amphetamine, ecstacy (ecstasy) and GHB. Hard drugs carry unacceptable health risks according to the Dutch government. List II of the Opium Act includes soft drugs. These include hashish and weed, but also magic mushrooms. The risks associated with soft drugs are considered by the Dutch government to be less than those associated with hard drugs. The use of two lists not only differentiates the penalties. It also makes it possible to set different rules for soft drugs and hard drugs. Tolerating the sale of weed and hash in coffee shops (the so-called tolerance policy) is an example of this.

Is growing hemp punishable?

The cultivation of cannabis plants is punishable by law. The Dutch policy of tolerance means that small-scale hemp cultivation for personal use does not in principle have criminal consequences. With a maximum of five hemp plants or cuttings, the police will only confiscate them. For more than five hemp plants or cuttings, prosecution will in principle take place. Have the police found a hemp farm at your home or are you suspected of large-scale hemp cultivation? Please contact us at the earliest possible stage.

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- Maurice C.

Is preparing and facilitating illegal hemp cultivation punishable?

To combat large-scale hemp cultivation more effectively, the preparation and promotion of illegal hemp cultivation has been prohibited since March 1, 2015. This means that it is punishable to earn money by supplying goods or services for illegal hemp cultivation. This criminalization covers persons and companies that do not (yet) cultivate themselves. Examples include grow shops, landlords of cultivation locations, builders of grow houses and electricians who install illegal electricity installations.

Is a small amount of drug possession for personal use punishable?

Drug possession is the presence of narcotics. This is punishable, regardless of whether it involves hard drugs or soft drugs. The Dutch tolerance policy implies that the possession of a small ('minor') quantity of drugs for personal use in principle has no criminal consequences. In the case of hard drugs, this involves one average user quantity (1 pill of ecstasy, 0.5 grams of cocaine/heroin, 5 ml of GHB). In the case of soft drugs (hemp, hash), you may have 5 grams in your pocket. Although you will not be prosecuted for drug possession for this small amount, the drugs found will be confiscated. In addition, in case of a larger quantity of drugs, prosecution will in principle be initiated.

Can you drive under the influence of drugs?

Driving under the influence of drugs is a criminal offense. If the police suspect that you are no longer fit to drive a motor vehicle, your driver's license shall be recovered. This suspicion may arise, for example, if you cause concrete and serious danger to road safety, such as by making swerving movements. For drunk driving, you may additionally receive a summons or be invited to a so-called OM hearing. In addition to sentencing, both the prosecutor and the judge may disqualify you from driving. Are you suspected of the drunk driving? Then take as early as possible contact with us. We will be happy to advise you.

When does drug trafficking occur?

Dealing drugs, also known as dealing, is punishable by law. If you possess more than a small amount of drugs for your own use (more than 0.5 grams of hard drugs or 5 grams of soft drugs), this is considered a trafficking quantity. In other words, it is assumed that these drugs are for trade. In many cases, this is unjustified. If you have been caught with a trade quantity of drugs in your pocket, for example at a festival, you would be wise to seek expert advice from a criminal lawyer. Our specialists will be happy to help you.

When can the mayor move to close my property 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 trade quantity. In other words, it is assumed that those found are intended for drug trafficking. In that case, the mayor is in principle authorized Close your premises or property. Whether you were aware of the presence of the drugs plays no role. Even if you only rent out the property or house in question and you have nothing to do with the drugs, the mayor may decide to close it. This closure can range from one month to indefinitely. 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 receive for a drug offense?

Drug crimes come in many shapes and sizes. These include drug possession at a festival, large-scale drug trafficking or even drug smuggling from abroad. Drug production also varies from a hemp farm in your own home to a professionally set up drug lab. Therefore, what punishment you can expect if convicted of a drug crime cannot be answered in general terms. It depends not only on what drug offense you are suspected of, but also whether it involves hard drugs or soft drugs. In addition, the weight of the narcotics and whether you have been previously convicted of similar offenses will be considered. We can inform you about what punishment you can possibly expect. Please feel free to contact us.

Why hire a lawyer if you are suspected of drug offenses?

A conviction for possession, production or trafficking of drugs can affect your future. You may not only risk a prison sentence. You may also face future problems in obtaining a Certificate of Good Conduct (VOG). Your lawyer will help you avoid these unpleasant consequences. Our criminal lawyers have extensive experience in these types of criminal cases. Based on your case file, they will look for the best defense strategy in your criminal case. Your lawyer will find out for you whether an acquittal is possible in your criminal case. Feel free to contact us to discuss the possibilities.

Have you received a transaction proposal or criminal charge?

If you are suspected of a drug offense, in a number of cases, the District Attorney's Office may choose not to take your case to a criminal court, but instead handle the case itself. This can then be done through a transaction proposal or a criminal. You may also be invited to a OM hearing. You risk a criminal record in all of these cases. Therefore, never go into this before talking to your lawyer We will help you avoid these adverse consequences.

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