Dutch Drug policy and Cannabis

Netherlands Institute for Alcohol and Drugs, Wed, 20 Nov 1996

The primary objective of Dutch drug policy has always been health protection. In addition problems such as nuisance and criminality caused by addicts and illicit drug trafficking have been a major concern. Responsibility for the Drugs Policy rests with both the Minister of Health, Welfare and Sports (HWS) and the Minister of Justice. Prevention policies and aid programs are the first responsibility of the Minister of HWS, with the exception of administrative prevention. This is one of the tasks of the Ministry of Internal Affairs.

The Minister of Justice is responsible for the enforcement of the Opium Act. The Minister of HWS carries the responsibility for the co-ordination of the Government's drug policy. ('International Treaties') The strategy of the policy has primarily been directed towards reduction of the risks for the individual drug users, their immediate environment as well as society in general. Legislation in the Netherlands with regard to drugs is important.

Although the harm done to society is taken into consideration, a great effort is made by the administration to prevent criminal prosecution from being more damaging to the individual drug user than the relevant drug itself. Dutch drug policy aims to maintain a separation between the market for soft drugs (cannabis products such as hashish and marijuana) and the market for harder substances (such as heroin and cocaine). This is effectuated by allowing some limited freedom of movement for the retailtrade and the possession of small quantities of soft drugs for individual consumption, and by trying to combat the hard drug trade in every possible way. Furthermore the policy has the intention to prevent drug users from ending up in the illegal circuit.

The Opium Act

The Opium Act of 1919 (amended in 1928 and 1976) provides regulations regarding production, distribution and consumption of "psychoactive" substances. Since 1976 a distinction has been made between soft and hard drugs. This distinction was established as a result of a 1972 report from the "Working Group on Narcotic Drugs" (the Baan Committee). With the help of a "risk scale", based on medical, pharmacological, socio-scientific and psychological data a distinction was made between unacceptable risk drugs ("hard drugs" such as heroin, cocaine, LSD and amphetamine) and cannabis products ("soft drugs" such as hashish and marijuana). Hard drugs were listed on schedule I and soft drugs were listed on schedule II (sub b) of the Opium Act. Since July 2, 1993 barbiturates and tranquillizers have been listed on schedule II (sub a) because of the fact that the Netherlands have ratified the Psychotropic Substances Treaty. Possession, commercial distribution, production, advertising, import and export of all drugs, except for medicinal or scientific purposes, is illegal and punishable by law.

Since 1985 activities preparatory to trafficking in hard drugs have also been included. The Opium Act also provides for the strict supervision of the production and medicinal use of soft and hard drugs. In these cases the Minister of HWS has to provide a license. Penal provisions for soft drug delicts are considerably milder than those for hard drugs. Moreover, a distinction is made between drug users and traffickers. The (border-crossing) drug trade has a high priority and great efforts are made to keep users out of the illegal circuit. Possession of soft drugs and hard drugs for commercial purposes is therefore considered a more serious offence than possession for individual consumption. The following illustrates the penal differentiation: for soft drugs the maximum penalty varies from 1 month detention (and/or a fl. 5000.-- fine) for possession, selling or production of 30 grams at most to 4 years imprisonment (and/or a fl 100.000,-fine) for import and export. The maximum penalty for hard drugs varies from 1 year imprisonment (and/or a fl 10.000,- fine) for the possession of "consumer amounts" to 12 years imprisonment (and/or a fl 100.000,- fine) for import or export.

The maximum penalties may be increased by one third if the crime has been committed more than once. Directives for the investigation and prosecution of Opium Act delicts have been provided for ('Expediency Principle').

Coffee Shops

Over the years the above mentioned legislation has lead to the establishment of the so-called coffee shops where trading in soft drugs on certain conditions is not prosecuted. Trade in hard drugs, however, is strictly prohibited. Thus the cannabis consumer is not dependent on multi- drug markets which reduces the risk of switching to harder substances ('Stepping-Stone Hypothesis'). According to police estimates the number of coffee shops in the Netherlands was 1200 - 1500 in 1991. Other points of sale of cannabis are so-called home dealers (estimated number between 700 and 2200), community centers (between 500 - 1000) and further outlets (approximately 60). In the bigger cities, however, most of the cannabis products are obtained in coffee shops. These are mainly small, caf-like enterprises catering for a diverse public from various social backgrounds. Just like regular local cafs and restaurants, coffee shops often have a socio- cultural function in their neighbourhood. Most coffee shops offer a wide range of hashish and marijuana products from various countries and of varying quality. Prices are anywhere from 10 to 15 Dutch guilders per gram. According to recent estimates the turnover of cannabis products in coffee shops amounts to approximately 2 billion Dutch guilders per year. The majority of the coffee shops adheres to nation-wide criteria ('Regulations'). The closing down of a number of coffee shops and a more rigid police control in recent years have shown that these criteria are strictly maintained. Immediate causes for police activity are usually related to trouble in the neighbourhoods, suspected hard drug traffic or possible criminality.

Other specific problems are an increase in the number of coffee shops, particularly near undesirable locations (such as schools), and the attraction of drug tourism, especially in the border towns. In order to deal with these specific problems police control and public prosecution with regard to adherence to the regulations have been more rigidly enforced. Furthermore, more and more often administrative measures are being taken on a local level for the prevention and combat of nuisance around the coffee shops. General bye-laws, nuisance regulations, environmental regulations, zoning-plans and building regulations offer possibilities in this respect.

Data on cannabis use

In the Netherlands an estimated 600.000 people regularly use cannabis. ("Risks of canabis use') This is about 4.6% of the population of 12 years and older. There are no reliable data, however, on the use of cannabis with regard to the total population in general. According to a 1990 Drug Use Survey in Amsterdam 24.1% of the population of 12 and older had ever used cannabis; 6% had done so recently (during the month preceding the survey). 1.3% scored frequent use, i.e. more than 20 days in the previous month. As compared to 1987, cannabis use among the population of Amsterdam had remained stable (reference: "Licit and illicit drug use in Amsterdam", Sandwijk et al., 1991). Large-scale nationwide surveys among Secondary School students (age 12 - 18 years) have shown that in this group the use of cannabis has increased recently. In 1984 4.8% had ever used cannabis and 2.3% had used cannabis recently (during the previous month).In 1988 these percentages were 8.0% and 3.1% and in 1992 13.6% and 6.5% respectively. From the difference between ever and recent use it appears that in more than half of the cases experimental behaviour is indicated.

Boys score a significantly higher percentage than girls with regard to cannabis use and the group of 16 - 17 years scores highest in recent use. The use of hard drugs among schoolgoing young people has remained limited. In 1988 only 0.4% had used cocaine recently and 0.3% had recently used heroin; in 1992 these percentages were 0.4% and 0.2% respectively. As compared to cannabis use the consumption of alcohol appears to be considerably higher. In 1992 66% of the students between 12 - 18 years had ever used alcohol; 42% had done so recently. International drug survey data, if available at all, are often difficult to compare because of methodological differences. However, it has been established that cannabis use, especially among young people, has also shown a slight increase in a number of other European countries such as Norway, the UK and Denmark. In the U.S.A. cannabis use has been on the increase as well in the past few years.

The number of problematic cannabis users which came into contact with addiction assistance agencies in 1993 is small as compared to the total number registered. Only 3% of all clients of the Consultation Bureaus for Alcohol and Drugs (outpatient services) were registered with use cannabis use as primary problem. Furthermore, the number of hospital admissions in relation to cannabis misuse and addiction in psychiatric hospitals and addiction clinics is relatively low (less than 1.5% of the total number). However, over the years the number of applications for professional help has been steadily increasing. Up to now there has been no clear indication as to what specific factors account for the increase.

The fact that cannabis is more easily obtainable as well as an increase in de production of Nederweed may play a role. Little is known about the group of problem users and the much larger group of integrated cannabis users.

Prevention and education

Prevention, information and education are a primary concern of the Dutch drug policy. In 1991 the project " Healthy schools and stimulants" was launched, specifically aiming at the Secundary School students. The project is carried out in coperation with the Netherlands Institute for Alcohol and Drugs, the local and provincial Public Health Services and the municipalities. The project provides information on subsequently tobacco, alcohol, cannabis and gambling for Secondary School students of an age when they generally have their first contacts with these items.

For cannabis this is usually around 15 years. The project also provides standards for use (no substance use in schools), observation and guidance in accordance with the objectives of the project. By the middle of 1994 the project had already reached 30% of the Secondary School students. A specific consumer public is being advised about "sensible use" by means of leaflets distributed in the various coffee shops. The leaflet "Tips on Hash and Weed" warn against the harmful effects on concentration and reaction ability, the use of cannabis as a means to overcome problems, the consumption of space- cake, simultaneous use of alcohol or medication and taking hashish and weed out of the country. Critism and Praise Dutch cannabis policy has met with national and international praise as well as criticism. As for the social acceptability, the current policy is regularly under discussion, especially with regard to drug related nuisance. There is also criticism from the ";Schengen" countries (mainly Belgium and France) which regard the Netherlands as being out of tune, particularly regarding the harmonisation of legislation on substance use. In this context, The Netherlands have tightened up the control of existing regulations. On the other hand the Dutch cannabis policy has managed to create a (relative) separation of the soft and hard drugs markets.

The fact that cannabis is relatively easy to obtain in the coffee shops has not resulted in a larger consumption increase than in other countries. Furthermore, the number of addicts has stabilised and drug deaths are few in comparison to other countries. In recent years other countries have come to realize that a certain decriminalisation of soft drug consumption should be considered with regard to public health, the prevention of social damage to users and the control of small but aggressive retail-trade in the streets. Next to Switzerland and Denmark, a trend towards decriminalisation of the soft drug consumption can be observed in Germany, the United Kingdom and Spain. Daily news in the newspapers indicates that such developments are in full swing on a national as well as an international level.

Colofon

The fact sheet canabis policy, opiates is number 1 of a series which is published by the Netherlands Institute for Alcohol and Drugs (NIAD). In this series a fact sheet will be published 3 times a year. Text: M.W. van Laar, M. van Ooyen-Houben and I.P. Spruit, Research and Information NIAD They can be obtained at a charge at the NIAD, Postbus 725, 3500 AS Utrecht, the Netherlands. Telephone +31 30 297 11 25, Fax +31 30 2 97 11 28 The fact sheets are part of the Netherlands Drugs and Alcohol Reporting System (see 'ADONIS'). This system also includes text databases on alcohol, drugs and other substances and a bulletin board system (BBS). ISBN 90 71187 76 4