Tolerance Policy for Coffeeshops in Utrecht

Tolerance Policy for Coffeeshops in Utrecht

The coffeeshop tolerance policy in Utrecht is a typically Dutch phenomenon whereby the Municipality of Utrecht and the Public Prosecutor's Office (PPO) tolerate coffeeshops for selling limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. This reduces nuisance in the city and channels drug trafficking into controlled outlets.

What does the tolerance policy for coffeeshops in Utrecht involve?

In Utrecht, police and the PPO enforce Opium Act violations, but coffeeshops are not prosecuted if they comply with local rules. Introduced in the 1970s, this policy removes soft drug trade—such as weed and hash—from criminal circuits and minimizes disruption for Utrecht residents. Sales are allowed, but production and wholesale remain illegal and are rigorously tackled by the authorities.

The Municipality of Utrecht sets the number of coffeeshops and grants operating permits through the General Local Ordinance (APV). It adheres to national standards while addressing local needs, such as in busy areas like Kanaleneiland or the city center. This constitutes a tolerance decision under administrative law, involving a decision to refrain from prosecution. For more information: Tolerance Policy and Tolerance Decisions. Consult Het Juridisch Loket Utrecht for personalized advice.

Legal Basis

The policy is grounded in the Opium Act (1928, recently amended), where Article 3 categorizes drugs into List I (hard drugs) and List II (soft drugs such as cannabis). Sales and production are criminal offenses (Articles 10 and 11).

There is no formal statute, but PPO policy is guided by the AHO-56 guideline from the Board of Procurators General, setting conditions for non-prosecution. The Municipality of Utrecht supplements this with its own coffeeshop policy via tolerance decisions or APV permits. In 2010, the European Court ruled that this approach is permissible, provided it does not impede EU trade.

Conditions for Coffeeshops in Utrecht

Coffeeshops in Utrecht must satisfy the AHO-56 criteria:

• No Nuisance: No noise, litter, or public order disturbances in the vicinity.
• No Sales to Minors: Strict age verification for those 18+.
• Maximum 5 Grams per Person: Per transaction; no on-premises consumption.
• No Hard Drugs: Only List II soft drugs.
• No Advertising: No promotion targeting foreigners.
• Stock Visibility: Inventory accessible for police inspection.

Additional local rules from the Municipality of Utrecht: maximum 1 coffeeshop per 5,000 residents; no locations near schools or in sensitive neighborhoods such as Overvecht.

Practice in Utrecht

Utrecht has around 20 tolerated coffeeshops, regulated under the 'Coffeeshop Policy Utrecht'. For instance, in 2021, the municipality revoked a city center shop's permit due to nuisance and tourist sales, enforcing closure via administrative coercion (Article 174 Municipalities Act).

Stricter municipalities like Urk enforce zero tolerance, whereas Utrecht adopts a balanced approach. The District Court of Utrecht handles appeals against closures. Rotterdam is piloting closed cannabis cultivation; Utrecht is monitoring developments for potential future policy.

Rights and Obligations of Utrecht Coffeeshop Operators

Obligations:

1. Comply with AHO-56 and Municipality of Utrecht rules.
2. Maintain records (e.g., ID checks).
3. Report any changes to the municipality.

Rights:

• Protection against expropriation (ECHR Protocol 1).
• Right to object and appeal to the District Court of Utrecht (GALA Article 7:1 et seq.).
• No PPO prosecution when compliant.

Violations may result in revocation of the tolerance decision or an administrative penalty (GALA Article 5:25) imposed by the Municipality of Utrecht.

Comparison of Coffeeshop Tolerance Policy with Other Forms

Frequently Asked Questions