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Netherlands

The Netherlands is a western European nation bordering the North Sea, Belgium, and Germany. From an early stage, Dutch drug policy makers have developed a stance toward the use and users of illicit drugs that is generally regarded as liberal and tolerant, and which has come to represent the antithesis of the U.S. “War on Drugs.”

Broadly based on the principle of normalizing the use of drugs rather than criminalizing and marginalizing those who use them, Dutch drug policy stems from efforts to develop initiatives lessening the harm that is caused by drug policies as well as by the drugs themselves. The policies have been designed to effect a distinct separation of the markets for soft (marijuana) and hard (heroin, cocaine) drugs. International criticism has had little impact on this country's policy, but recent developments suggest that internal criticism may be having more of an effect.

Historical Context

Throughout the 1800s and early 1900s, trade in opium and cocaine formed an important and highly profitable part of the Dutch economy. Dutch-owned colonies in the East Indies were major producers of opium, and the Dutch Cocaine Factory in Amsterdam became the largest producer of cocaine in the world. The Dutch therefore had considerable national financial interest at stake at the various international conferences on narcotics convened by the United States in the early 1900s. They provided counter arguments to the United States' call for strict regulation of the manufacture of opiates and cocaine, suggesting that such a policy would benefit illegal drug traffickers. Nevertheless, the 1912 International Opium Convention, rendering the official transportation of drugs illegal, was ratified by the Dutch and implemented in their 1919 Opium Act.

It was not, however, until the 1960s that illegal drugs came to be viewed as a social problem in the Netherlands and not until 1976 that the Dutch Opium Act was revised to make provisions for those who had become addicted to illegal drugs. In contrast to many countries, including the United States, rather than engendering a “War on Drugs,” Dutch policy became based on the concept of normalization. The use of illegal drugs was seen as a normal problem afflicting society in general rather than a problem facing the abnormal and therefore isolated user. Those addicted to illegal drugs were seen as patients in need of help rather than criminals in need of punishment. This pragmatic stance has led Dutch drug policy to be generally viewed as liberal and its development as a counterpoint to that of the United States.

Policy Principles

Like all signatories of international drug conventions, the Dutch operate a consistently prohibitive policy toward drug trafficking and drug traffickers, with offenders being actively pursued and punished. Under the terms of the 1976 Opium Act, however, use of any drug in the Netherlands is not, in practice, punishable by criminal justice sanctions, and neither is the possession of small amounts of marijuana for personal use. Anyone found in possession of small quantities of drugs other than marijuana will also not be a priority for prosecution. In the case of possession of larger quantities of marijuana the maximum penalty is one month's imprisonment and/or a fine. This rises to between one year's and eight years' imprisonment for possession of other drugs for commercial purposes and not just for personal use. A further distinction is made between possession for commercial purposes and traffickers. The penalty for trafficking can be between 12 and 16 years of imprisonment, although where marijuana is concerned, there is a maximum penalty of four years of imprisonment.

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