DRUGS POLICY IN THE NETHERLANDS

Introduction

For those readers who are interested to know how the Netherlands deals with the drug problem, I have added some general information about the Dutch drugs policy, based on two Dutch publications:

Aims of the Dutch drugs policy

The main aim of the drugs policy in the Netherlands is to protect the health of individual users, the people around them and society as a whole. Priority is given to vulnerable groups and to young people in particular. Policy also aims to restrict both the demand for and supply of drugs.

Active policies on care and prevention are being pursued to reduce the demand for drugs, while a war is being waged on organised crime in an attempt to curb supplies. A third aim of policy is to tackle drug-related nuisance and to maintain public order. The Netherlands now has twenty years' experience of working with these policies on drugs.

The aim is to keep soft drug users away from other types of drugs. The main objective of Dutch drugs policy is to prevent harm to users, their immediate environment and society as a whole. In this context, soft drugs call for a different approach from hard drugs. Many countries make no formal distinction between hard and soft drugs, although they do make a distinction in practice.

Legalisation is not being considered for the following reasons:

• the legalisation of hard drugs is unacceptable, in view of the health risk;

• though soft drugs do not generally lead to health problems, trafficking would not decline if the Netherlands were the only country to legalise them;

• if the Netherlands were the only country to legalise drugs, prices would drop and drug tourism and drug-related nuisance would increase.

The distinction that is drawn in the Netherlands relates to the health risks involved in drug use:

• hard drugs are those substances which can seriously harm the health of the user;

they include heroin, cocaine and synthetic drugs such as ecstasy;

• soft drugs, i.e. the cannabis (hemp) derivatives marihuana and hashish, cause far fewer health problems.

It is these health risks, which differ according to the category of drug used, which form the basis of the Opium Act - the law governing narcotic substances in the Netherlands. For this reason the penalties that may be imposed for drug-related offences and the priority given to the various offences in investigation and prosecution policy, vary in accordance with the nature of both the offence and the substance in question.

The aim of Dutch policy is to prevent and limit the damage drug use causes to both the individual and society in general. To this end, assistance is given to drug addicts to promote their rehabilitation, and to improve their physical and mental condition and their social circumstances. They are more likely to seek assistance because they need not fear prosecution or risk being branded as criminals).

Prevention and care

Preventive measures should first target the young. In the Netherlands, therefore, information on the effects of drug use is part of the primary school curriculum. Attention is also devoted to the issue in secondary schools.

• Information is geared to teaching healthy habits and social skills, such as the ability to recognise and resist certain social pressures.

• In addition to the prevention of drug use, considerable attention is devoted to the risk of addiction to hard drugs as a result of occasional use.

The government's aim is to stimulate a comprehensive discussion of drugs. Information, which is provided at schools and through specific campaigns, therefore also concerns other addictive substances such as tobacco and alcohol (see annex). Support to parents in this aspect of their children's education is an important part of government policy. Rehabilitation is usually a long and difficult process. If addicts are obviously incapable of total rehabilitation, it is still important to try to stabilise their addiction, as their health will otherwise deteriorate, and they will be more likely to neglect themselves, spread disease, via, for example, used needles, cause nuisance and resort to crime. Drug addicts are not left to their fate. Addiction is first and foremost a health problem, and it is the aim of care services to reach as many drug addicts as possible. This also sheds light on the extent of the problem, so that policy can be adapted in response to the facts. Adequate care can also prevent addicts from turning to crime.

Needle supply and exchange programmes were set up to prevent the spread of AIDS among addicts, as the HIV virus, which causes AIDS, and hepatitis can be contracted from using contaminated needles. Thanks to easily accessible care facilities, personal guidance and information campaigns, fewer addicts are now injecting them-selves with used needles. As a result, relatively few drug users are HIV carriers. The Netherlands can be regarded as a pioneer in this field, and more and more countries are following its example. HIV/AIDS prevention programmes are also geared to providing information and distributing condoms as well as supplying sterile needles and syringes in exchange for used ones. In some municipalities, needles can be exchanged at pharmacies. In others, buses are used as mobile exchange centres. For the record, needle exchange programmes have not encouraged more people to administer drugs intravenously.

Methadone is a synthetic opiate (a substance containing opium) which is prescribed in some countries as a heroin substitute to help addicts rehabilitate and to cut down drug-related crime. Methadone is only prescribed to people who are seriously addicted to hard drugs, as part of either a detoxification programme or treatment to stabilise addiction. Methadone is also addictive, but it has fewer drawbacks than heroin. Dosages, in tablet or liquid form, can be measured precisely, and it can be taken orally. It is effective for more than 24 hours, while heroin only works for a few hours. It is prescribed by doctors as a medication in the treatment of addiction, and should not be regarded as a state-funded stimulant.

The results that have been achieved so far are as follows:

• a relatively high percentage of addicts come into contact with the care services (which is not the case in countries where such programmes are scarce or non-existent);

• addicts are far less likely to take an overdose; the death rate is therefore relatively low;

• the frequency of drug use is lower; illegal drugs are therefore used less often;

• the crime rate has dropped;

• the social position and physical condition of addicts has improved.

Of the addicts known to the care services, 75% regularly use methadone, as opposed to approximately 40% ten years ago. As methadone programmes are wide-spread, they form a basis from which other care-related activities, such as HIV/AIDS prevention campaigns, can be launched. The average age of the drug addicts participating in methadone programmes is 36. This average rises by 11 months every year.

It is not customary in the Netherlands for addicts to be prescribed heroin as part of a rehabilitation programme. However, the government has decided to conduct trials to establish the advantages and disadvantages of issuing a combination of heroin and methadone to chronically addicted users. People with irremediable physical and social problems will receive heroin on medical prescription. The purpose is to improve their physical and mental health, and to accomplish a degree of social rehabilitation. The trials will start in 1998. Apart from the effects on the health of the addicts, a number of other factors will be examined, such as the manageability of heroin-methadone supply schemes and their impact on public order and safety. If no insurmountable problems arise, the study will be extended to include approximately 750 people in several cities.

The subjects are all long-term heroin addicts of 25 and over who have participated in methadone programmes for some time without success and who are physically, socially and psychologically debilitated. They must have been residents of the city in which they are to receive treatment for at least three years. They must be willing to undergo tests. To prevent them from selling the heroin, they will be required to take their dosages in the treatment

centres. In addition to heroin and methadone, the participants will also be provided with medical care and counselling. Participating in the programme will enable them to lead a more structured life. The use of illegally obtained drugs is expected to decline. For participants who seriously wish to rehabilitate, detoxification will be the main aim of the treatment. The success of the treatment will be assessed mainly on the basis of improvements in the medical and social circumstances of the subjects.

Synthetic drugs are also targeted by preventive measures. Information campaigns have been launched to discourage their use. Nonetheless, ecstasy in particular is used by young people at raves and in night-clubs. Since synthetic drugs constitute a serious health risk, people at raves can have "E" tablets tested to find out what they contain and what effects they may have on their health. They are never led to believe that even high-quality ecstasy is risk-free. If there is evidence that seriously harmful tablets are in circulation, action is taken. Ecstasy has rapidly become very popular, because of its non-addictive nature and the euphoria it induces. Raves, where "E" tablets are taken, have also become very popular. These tablets constitute a health risk, which varies in seriousness depending on their composition, the circumstances in which they are taken and the health of the user. Extensive research is being conducted in the Netherlands into the effects of these substances.

The Dutch drugs policy in the international framework

Nowhere in international agreements is the use of drugs referred to as an offence, nor is it an offence in a number of other countries - Germany and Great Britain for example. However, this does not mean that drug use is accepted. On the contrary, it is discouraged in schools, for instance, by campaigns on the dangers of addictive substances (including nicotine and alcohol).

Dutch law on drugs is in line with the international agreements to which the Netherlands is party. The Netherlands is party to the UN Conventions of 1961, 1971 and 1988, the Schengen Agreement and various other bilateral and multilateral agreements relating to drugs policy.

The parties to the Schengen Agreement (Austria, Belgium, France, Germany, Greece, Italy, Luxembourg, the Netherlands, Portugal and Spain) have agreed to respect the differences between their national drugs policies. They have also agreed to do all they can to counter the adverse effects of their policies in other countries.

Law enforcement

The expediency principle is of crucial importance. It means that the Public Prosecutions Service may, in the general interest, decide not to prosecute someone suspected of committing an offence. Top priority is given to offences relating to the large-scale traffic in both hard and soft drugs and to the sale of hard drugs. A much lower priority is given to investigating the sale and possession of soft drugs for personal use.

The expediency principle is a general principle of Dutch criminal law. It allows the Public Prosecutions Service to decide whether or not to prosecute in a given case.

The order of priority applicable to the investigation and prosecution of drug-related offences is set out in official guidelines. Policy is therefore more transparent than in a number of other countries where, in practice, the same methods are used. The Public Prosecutions Service guidelines were last amended in 1996.

The sale of soft drugs

The sale of both hard and soft drugs is illegal.

• Curbing the sale of hard drugs in any quantity is a high priority. Penalties are severe.

• Quantity is taken into account in the case of soft drugs. No action is taken against the owners or staff of coffee shops who sell up to 5 grams.

Harsh action is taken if larger quantities are sold, which are presumed to be for export. The authorities take active measures to prevent the sale of drugs on the street or in private dwellings.

The possession of drugs

The possession of either soft or hard drugs is an offence. Top priority is given to prosecuting anyone in possession of quantities deemed to be for trade. The possession of more than 0.5 grams of hard drugs is an indictable offence. Firm action is taken in such cases. The possession of more than 30 grams of soft drugs is like-wise an offence and subject to prosecution.

Possession of small quantities for personal use:

• The possession of less than 0.5 grams of hard drugs is an indictable offence,

but has a low priority in policy on investigations and prosecutions.

• The possession of less than 30 grams of soft drugs is a summary offence and also has a low priority in policy on investigations and prosecutions. The Public Prosecutions Service guidelines are stricter with regard to the sale of small quantities of soft drugs.

If a drug addict is arrested for the possession of drugs or for another drug-related offence, the police will usually get in touch with a care worker. All drugs - both hard and soft - are confiscated, even in small quantities for personal use. Co-operation between the police and the criminal justice authorities on the one hand and care workers on the other is an important aspect of the Dutch approach to drugs.

The Public Prosecutions Service guidelines include separate rules for stocks of soft drugs in coffee shops.

The production of and trade in synthetic drugs

Synthetic drugs are hard drugs. A high priority is given to prosecuting producers and traders. The Netherlands is active in international initiatives to identify dangerous new substances and in international investigations. Criminal organisations are often involved, which means that under Dutch criminal law more severe penalties can be imposed than the maximum that would otherwise be applicable to the offence in question.

The Synthetic Drug Unit was set up in 1997 to co-ordinate the work of the police, the customs authorities, the Public Prosecutions Service, the Economic Investigation Service and other agencies. The Netherlands can now respond more rapidly to requests from abroad for information or assistance in investigations.

Drug addiction is not an extenuating circumstance

Addiction is not regarded as an extenuating circumstance. However, addicts who commit an indictable offence may choose to undergo treatment as an alternative to detention. In this case the court may suspend or quash the sentence. Addicts who undergo treatment have to comply with certain conditions. If they fail to do so, they have to serve their sentence.

To qualify for treatment addicts must be willing to give up drugs and ultimately undergo tests to prove they have done so. The reason for allowing people to choose between detention or treatment is that the latter is a more effective solution. The results achieved so far are encouraging.

Drug tourism

Firm action is taken to expel any drug addict who is in the Netherlands illegally and who commits an offence. In some cases, they are prosecuted in their own countries.

The maximum quantity of soft drugs that coffee shops may sell has been reduced from 30 to 5 grams to prevent tourists from purchasing drugs for export.

In recent years, firmer action has been taken against drug tourists and the nuisance they cause.

The export of soft drugs is illegal.

Indictable offences and maximum penalties

The actions which are offences under the law of many other countries are also offences under Dutch law. Moreover, under Dutch law, any action performed as part of a plan to traffic in hard drugs and any attempt to import drugs are also indictable offences.

The following offences are indictable, and subject to the maximum penalties listed below:

The maximum penalty for committing a drug-related offence on more than one occasion is 16 years' imprisonment and/or a fine of NLG 100,000 (approximately EURO 45,500). The fine can be raised to a maximum of NLG 1,000,000 (approximately EURO 455,000).

Coffee shops

A coffee shop can best be described as a cafe in which, under certain conditions, soft drugs may be sold. Although the sale of soft drugs is an offence, a low priority is given to the prosecution of coffee shop owners/operators, provided they sell small quantities only and meet the conditions listed below.

In accordance with the guidelines issued by the Public Prosecutions Service in 1996, coffee shop owners/operators are not prosecuted provided:

• no more than 5 grams are sold to any customer at any one time (this used to be 30 grams)

• no hard drugs are sold

• drugs are not advertised

• no nuisance is caused

• no drugs are sold to persons aged under 18, and minors are banned from the premises.

The sale of soft drugs will continue to be an offence. Failure to observe these rules results in closure of the coffee shop and/or prosecution of the owner/operator.

Under the Public Prosecutions Service guidelines, coffee shop owners/operators who comply with these conditions may stock up to 500 grams.

The reason for allowing supervised sales outlets for soft drugs is to separate the markets for soft and hard drugs, so that soft-drug users are less likely to come into contact with people who use hard drugs. In addition, soft-drug users and young people who experiment with soft drugs are protected from the criminal traffic in hard drugs.

Since priorities had to be established with regard to the enforcement of the Opium Act, and since the use of soft drugs is not a serious health hazard, very low priority is given to the possession and sale of small quantities of soft drugs in coffee shops.

Coffee shops have to get their supplies somewhere. Nonetheless, the investigation of large-scale traffickers (criminal organisations) has been given the highest priority. Policy here is not altogether consistent, but in view of the results that have been achieved overall - in particular in tackling the problem of addiction - it will remain in place. In practice, few problems arise.

The Public Prosecutions Service guidelines do not accord a low priority to the investigation of coffee shop suppliers, since criminal organisations are often involved. The Public Prosecutions Service and the police act in accordance with the Opium Act, the guidelines and the expediency principle. This policy has been implemented for many years.

In accordance with the 1996 Public Prosecutions Service guidelines, no action is taken against coffee shop owners/operators who stock up to 500 grams of soft drugs for sale, provided they comply with the conditions specified above.

It is easier to monitor compliance with the conditions listed above if there are fewer coffee shops. In border areas, drug tourists, i.e. foreigners who come to the Netherlands to buy drugs, have frequently caused nuisance. Specific action has been taken to tackle the problem, and nuisance has abated in the past few years.

An effort is being made to ensure that there are no more coffee shops than are needed to meet local demand. Since the 1995/1996 policy amendments, the number of coffee shops has been reduced by between 10% and 15%. More specific action is being taken against the undesirable effects of coffee shops, such as nuisance, the sale of hard drug or large quantities of soft drugs for export.

Precursors

The trade in precursors (chemical substances) is governed by the Abuse of Chemical Substances Act. Only a fraction of these precursors are used for the illegal production of drugs. This is regarded as an economic offence and is subject to a penalty of no more than 6 years' imprisonment and/or a fine of NLG 100,000 (approximately EURO 45,500). The Economic Investigation Service is responsible for enforcing the provisions of this act, and works closely together with agencies in the other EU member states.

The EU regulations and directives on the trade in precursors are based on the UN Convention of 1988. The EU monitors trade in 22 precursors which might be used for the illegal production of drugs. It has concluded agreements with the Andes countries, the US and other partners on exchanges of information on precursors.

Much has been learned about the drugs scene and addicts' lifestyles. Studies are regularly conducted into drug use in general and among schoolgoers in particular. In the past few years, multidisciplinary research has been conducted into the use, effects and risks of ecstasy and other synthetic drugs on the basis, for example, of data obtained from tablet tests at raves. Dutch research into the drug problem is of a very high standard. More and more information is being gathered thanks to the accessibility of the care services and better data registration systems.

Further information

For more information, see:

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