Drug offences fall under the Opium Act and range from personal use to large-scale trafficking. The penalties differ significantly based on the type of drug and the quantity.
The Opium Act in the Netherlands
The Opium Act makes a clear distinction between hard drugs (List I) and soft drugs (List II), with different penalties for each.
Hard Drugs (List I)
- Heroin and cocaine
- Amphetamine and MDMA (ecstasy)
- LSD and GHB
- Methadone
Soft Drugs (List II)
- Cannabis products (weed, hashish)
- Dried magic mushrooms
- Sleeping and sedative medicines
Punishable Acts
The Opium Act penalises various activities relating to drugs.
Overview of Penalties
| Activity | Max. List I | Max. List II |
|---|---|---|
| Possession | 4 years | 2 years |
| Sale or trafficking | 8 years | 4 years |
| Import/export | 12 years | 4 years |
| Manufacture | 8 years | 4 years |
Tolerance Policy for Cannabis in Utrecht
In the Netherlands, including Utrecht, a limited tolerance policy applies to cannabis, with strict rules.
Rules for Coffeeshops
- No promotion or advertising
- No sale of hard drugs
- No causing nuisance
- No sale to young people under 18 years
- Maximum 5 grams per transaction
- Trading stock limited to 500 grams
Drug Laboratories and Penalty Enhancement
The production of synthetic drugs such as ecstasy or amphetamine is strictly enforced in Utrecht and beyond.
Increased Penalties
- Commercial production: penalty increase by 1/3
- Large quantities of drugs: heavier sanctions
- Link with criminal organisations: additionally punishable
Preparation of Drug Offences
Under the Opium Act (art. 10a), preparatory acts are also punishable.
Examples of Punishable Preparation
- Possession of raw materials (such as PMK or BMK)
- Storage of production equipment
- Rental of locations for drug production
Frequently Asked Questions about Drug Offences in Utrecht
What is the difference between hard and soft drugs?
The Opium Act divides drugs into two categories: hard drugs (List I, such as cocaine and heroin) and soft drugs (List II, such as cannabis). Hard drugs are completely prohibited and penalties are stricter, while soft drugs are partially tolerated under conditions.
How much cannabis may I possess without penalty?
Maximum 5 grams of cannabis for personal use is often tolerated, but is not legal. Over 30 grams may be regarded as trafficking, with criminal consequences.
What happens if I have hard drugs in my possession?
This depends on the quantity and drug. For personal use, a penalty of up to 4 years may follow, often with a fine. Trafficking or production may lead to 8 to 12 years' imprisonment, especially in cases of criminal involvement.
May I grow weed at home?
No, the cultivation of cannabis is illegal, even for personal use. If discovered, you risk seizure and criminal prosecution.
What are the risks of involvement in a drug lab?
Involvement in the production of synthetic drugs is a serious offence. Penalties can amount to many years in prison, especially in cases of professional setup.
Legal Assistance in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1, handles cases relating to drug offences.