Legislation on trafficking and consumption of illicit drugs in the Netherlands

• Author: Valentin Radu-Sultanescu
• Position: Ph.D Lecturer. 'Alexandru Ioan Cuza' Police Academy, Bucharest
• Pages: 209-217

209

LEGISLATION ON TRAFFICKING AND CONSUMPTION OF

ILLICIT DRUGS IN THE NETHERLANDS

Ph.D Lecturer Valentin Radu-Sultanescu

„Alexandru Ioan Cuza” Police Academy,

Bucharest

Abstract:

Most European countries have ratified the Single Convention of 1961

together with the Additional Protocol of 1972 and the Convention on Psychotropic

Substances of 1971. But ratification of the Convention of 1988 has raised a much

more difficult issue. The text calls for the adoption of a repressive policy against

the consumption and trafficking of drugs. Or, most European countries are calling

for a more moderate approach. It is especially the case of the Netherlands, often

presented as a model of drug use legalization, but at the same time a model of

tolerance of cannabis trade. Even if this policy has indisputably known some

success, it is not devoid of reproval. The case of Spain shows that a disorganized,

anarchic, legalization can have as many regrettable effects as the excessive ban.

The Netherlands’ original position in Europe and among the international

community is renowned. It is based on a tolerant and liberal approach to drug

abuse problems. An approach that continues to attract criticism despite the positive

health results.

Key words: traffic, consumption, drugs, illicit.

1. Brief History of Dutch law in matters of trafficking illicit drugs

Dutch legislation has its origins in the opium law of May 12th 1928311,

which banned all operations relating to narcotic drugs, except for authorized

operators and solely for medical uses. The law applies to: cannabis, products

containing opium and cocaine, all of which are classified as narcotic drugs and

substances. Possession, manufacture, trafficking, importing and exporting drugs are

acts punishable by the same penalty: 4 years in prison or a fine. The law remains

almost inapplicable. In the period between 1936 and 1960, only 38 convictions are

handed down by courts312.

On the other hand, another law dated June 28th 1958, on medicines, governs

the prescription and the release of pharmaceutical products. This law provides for

moderate penalties of 6 months of imprisonment to which they can add a fine for

any violation of its provisions. By the decree of April 7th 1971, these provisions

311 Opiumwet law of 12 May 1928, STB. 167, as amended at the end by the law of 6 November

1997.

312 HAMEP, National Report of the Netherlands, Drug abuse and its prevention, Rev. Ed. Int. Dr.

Pen., 1973, p. 409.