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In the Netherlands, the trafficking, production, cultivation, possession and smuggling of narcotics drugs is prohibited. These can range from relatively small quantities to complex international networks. Van Meekren Advocatuur can assist you in all these matters. Want to know more? Click on the links below or contact us directly. Drug dealing trafficking and transporting. Drug smuggling import and export of drugs. The main prohibitions are found in Articles 2 and 3 of the Opium Act. According to these provisions, it is prohibited to use a substance designated as a hard drug article 2 or a soft drug article 3 :. In addition, the Opium Law has a prohibition on advertising drugs art. Hard drugs are more harmful to public health than soft drugs. Soft drugs are on list II of the Opium Act, such as hemp, qat and magic mushrooms. There are generally lower penalties for offenses committed with soft drugs than with hard drugs. For the sake of completeness, it may be that some substances are temporarily designated as hard or soft drugs but are not yet on List I or List II. Article 3a paragraph 5 allows the minister to do so. Use of drugs is not punishable, although having both soft and hard drugs present is, but that is not always prosecuted. Possession of drugs is also prohibited, but this is not always prosecuted. As a rule, no sanction follows if there is a small amount for personal use. The Prosecutor's Office uses the following thresholds for this purpose:. Hemp: 5 grams. Up to 30 grams, no active detection takes place, but a criminal sanction may follow if discovered. It is illegal to have hemp plants, but cannabis cultivation is not always detected or prosecuted. Up to a maximum of five plants, the prosecution assumes non-business cultivation of a small amount for personal use. That, if the suspect is an adult, has no detection priority. Possession of hemp is also prohibited, but up to 5 grams it is not prosecuted and up to 30 grams there is no active detection. The presence of hard drugs is not allowed, but the possession of a small amount for personal use is in principle not detected or prosecuted. The prosecutor's office uses the following thresholds in this regard:. For possession of soft drugs dry hemp , the court uses the following landmarks:. These are only starting points. In each individual case, the judge will have to decide what punishment is appropriate and necessary. In doing so, the judge may deviate from the landmarks. A specialized lawyer can help you put forward relevant circumstances. For possession of hard drugs - other than in an organized context - the court uses the following landmarks:. The above are only basic principles. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction. The judge may deviate from the guiding principles in doing so. A specialized lawyer can help you with this. For growing hemp hemp nurseries , the court uses the following landmarks:. Small cultivation for personal use up to five plants is in principle not detected if the suspect is of age. The prosecution's sentencing guidelines also show that growers should consider a claim for deprivation of illegally obtained benefit. In doing so, the judge may deviate from the guiding principles. For the production of hard drugs, the court's guiding principle is that involvement in larger drug labs is punished more severely than involvement in smaller drug labs. The landmarks in this regard are as follows:. For the import and export of hard drugs, the court uses the following landmarks:. The court has no guidelines for the importation and exportation of soft drugs. The Public Ministry does have sentencing guidelines for that. Our contact details can be found here. Drug offenses. Drug possession Drug dealing trafficking and transporting Drug smuggling import and export of drugs Hemp Cultivation Coffee shop policy Drug lab Participation in a criminal organization Deprivation of unlawful advantage. Frequently Asked Questions. According to these provisions, it is prohibited to use a substance designated as a hard drug article 2 or a soft drug article 3 : A. The Prosecutor's Office uses the following thresholds for this purpose: Hard drugs: 0. Mushrooms: 0. Qat: 1 bundle about grams. The prosecutor's office uses the following thresholds in this regard: Cocaine 0. For possession of soft drugs dry hemp , the court uses the following landmarks: grams: EUR grams: EUR grams: EUR , grams: hours of community service 2,, grams: hours of community service 5,, grams: 4 months' imprisonment 10,, grams: 6 months' imprisonment 25,, grams: 12 months' imprisonment These are only starting points. Learn more.
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