Drugs

What is the Difference between Soft Drugs and Hard Drugs?

The Opium Act contains all criminal offenses related to narcotics, better known as drugs. Since July 1, 2025, prohibited drugs in the Netherlands have been divided into three lists: List I, List Ia, and List II. This way, a legal distinction is made between soft drugs, hard drugs, and prohibited substance groups.

List I of the Opium Act contains hard drugs. According to the Dutch government, these substances entail very serious health risks. Examples of hard drugs include:

• Heroin
• Cocaine
• Amphetamine (Speed)
• MDMA (Ecstasy)
• GHB
• LSD (Lysergic acid diethylamide)
• Methamphetamine (Crystal meth)
• 3-MMC
• Mephedrone (4-MMC)
• Hemp oil

List II of the Opium Act contains soft drugs. These are considered by the government to be less harmful than hard drugs, although they remain prohibited. Well-known soft drugs include:

• Cannabis products (weed, hashish)
• Magic mushrooms
• Khat/Qat

Since July 1, 2025, List Ia has been added to the Opium Act. This list was introduced due to the rise of designer drugs: synthetic drugs whose chemical structure was slightly modified to circumvent the law. To counter this problem, the legislator has prohibited entire substance groups. Any drug that chemically falls under such a group is automatically punishable. List Ia contains the following substance groups:

• Substances derived from 2-phenethylamine: including 4-FA, 4-MMC, Flakka, DOC, various cathinones, 2C variants, mescaline variants
• Cannabimimetics / Synthetic cannabinoids, for example “Spice”-like substances
• Substances derived from 4-aminopiperidine, including nitazenes and other fentanyl-like designer opiates

The use of three lists makes it possible to apply different rules and penalties for different types of drugs. A well-known example of this is the tolerance policy (gedoogbeleid): the sale of weed and hash in coffee shops is permitted under certain conditions, even though these substances are officially on List II.

Which actions are criminalized in the Opium Act?

The Opium Act criminalizes various actions regarding narcotics. This includes, among other things, bringing drugs into or out of the territory of the Netherlands, possessing, cultivating (growing), producing, trading, transporting, delivering, providing, preparing, processing, and treating drugs. These criminalizations apply to both hard drugs and soft drugs, taking into account the Dutch tolerance policy. This tolerance policy is further explained below.

Is the possession of a small amount of drugs for personal use punishable?

In a legal sense, drug possession is always punishable, even when it concerns a small amount for personal use. Nevertheless, the tolerance policy also applies here, whereby the possession of a small amount of drugs usually does not lead to criminal prosecution. This limit is set at:

• Hard drugs: maximum 1 ecstasy pill, 0.5 grams of cocaine or heroin, or 5 ml of GHB
• Soft drugs: maximum 5 grams of hash or weed

Although you will usually not be prosecuted in these cases, the police will seize the drugs found. If you exceed these amounts, it is assumed that the drugs are not intended exclusively for personal use. In that case, a criminal procedure usually follows.

When is the cultivation of hemp punishable?

The cultivation of hemp (weed plants) is in principle punishable in the Netherlands. However, the Dutch tolerance policy makes an exception for small-scale cultivation for personal use. This means that if the police find a maximum of five hemp plants or cuttings, they will seize them but usually do not initiate prosecution. If more than five plants are found, criminal prosecution will, in principle, be pursued.

Are you suspected of large-scale hemp cultivation or has a hemp nursery been found in your home? Then it is of great importance to seek legal advice at the earliest possible stage. Professional assistance can make the difference in the handling of the case.

Is Preparing and Facilitating Illegal Hemp Cultivation Punishable?

Yes. Since March 1, 2015, the preparation and promotion of illegal hemp cultivation has also been criminalized. This means that someone who is setting up a plantation or third parties who make the cultivation possible or facilitate it can also be prosecuted. This includes, among others:

• Grow shops that supply materials for hemp cultivation
• Landlords of spaces used as nurseries
• Installers of illegal electricity supplies
• Builders of grow rooms

With this measure, the legislator wants to strengthen the approach to large-scale hemp cultivation by criminalizing the entire chain surrounding illegal cultivation. So even if you do not cultivate yourself (yet), but indirectly contribute to illegal hemp production, you run the risk of being prosecuted.

When is Drug Trafficking Considered?

Drug trafficking, also known as dealing, is punishable under the Opium Act. When you are found with more than the permitted user amount of drugs, this is usually interpreted as a commercial quantity. It is then assumed that you have the intention to sell or distribute the drugs, even if that is not actually the case.

Examples of this include:

• Possession of more than 5 grams of soft drugs
• Possession of more than 0.5 grams of hard drugs

If you are caught with such a quantity of drugs, for example at a festival or on public transport, it is important to seek legal advice as soon as possible. It is quite possible that the quantity found is wrongly considered to be intended for trade. Our experienced criminal defense lawyers can advise and support you in this.

Are You Allowed to Drive under the Influence of Drugs?

Driving under the influence of drugs is punishable. If the police suspect that you are driving under the influence of drugs, they can take immediate action. This suspicion usually arises if you exhibit dangerous driving behavior, such as swerving on the road or sudden steering movements. In such cases, the police may:

• Seize (confiscate) your driver’s license
• Arrest you for further investigation
• Have a drug test or blood test performed to determine the use of drugs

If investigation shows that you were under the influence while driving, you may receive a summons and must appear in court or be invited to a so-called Public Prosecutor’s hearing. In addition to a fine, community service, or a prison sentence, you may also be imposed a disqualification from driving. You will then not be allowed to drive for a period of several months. Such a driving disqualification is often a heavy penalty, especially if you depend on your driver’s license for work or family. It is therefore important to know what your rights are and how you can defend yourself.

Are you suspected of driving under the influence? Then contact one of our expert criminal defense lawyers immediately. We will be happy to advise you.

Are you punishable if someone in your presence possesses drugs?

Yes, you can be punishable if someone in your presence has drugs with them, but that depends on two important conditions: whether you knew about the drugs and whether they were within your sphere of control. In other words: it is not just about drugs being nearby, but also whether you were consciously aware of their presence AND whether you had (joint) say or control over them. Here are some practical examples:

• Not punishable: You are in a car with an acquaintance who, without you knowing it, has drugs in his jacket pocket. You knew nothing about it and had no control over it.
• Punishable: You are in your own home with friends. One of them takes out drugs and you allow this. You knew it AND you had power over the location: this can be punishable.
• Risk cases: You are riding with someone you suspect has drugs with them, but you ask nothing and do nothing. In such a situation, the police may still assume your involvement, depending on the circumstances.

When can the mayor proceed to close your building or home?

The mayor can close your home or business premises if a commercial quantity of drugs is found there. This means that the government assumes the drugs are intended for sale, and not just for personal use. There is usually a commercial quantity of drugs if:

• More than 0.5 grams of hard drugs (such as cocaine, ecstasy, or heroin) are found
• More than 5 grams of soft drugs (such as weed or hash) are present
• More than 5 hemp plants are found

It is important to know that it does not matter whether you knew there were drugs in the building. The mayor may also close your home or building:

• If you knew nothing about the drugs
• If you rent the building to someone else
• If the drugs were found with a temporary tenant, resident, or visitor

In other words: even if you do not use or trade drugs yourself, you can still be faced with the closure of your home or building. This closure can range from one month to an indefinite period.

Have you received a letter from the municipality stating that the mayor wants to close your building? Do not wait. It is important to take immediate action. In many cases, it is possible to object to the closure or to stop it through legal steps. Our specialized lawyers can help you with this. We will be happy to advise you on the right approach to prevent or reverse closure. The sooner you contact us, the greater the chance of a successful outcome.

What Punishment Can You get for a Drug Offense?

Drug offenses come in many forms and sizes. Think of drug possession at a festival, large-scale drug trafficking, or even drug smuggling from abroad. Drug production also varies from a hemp plantation in your own home to a professionally equipped drug lab. Therefore, what punishment you can expect if you are convicted of a drug offense cannot be answered in general terms. It not only depends on which drug offense you are suspected of, but also whether it concerns hard drugs or soft drugs. Additionally, the weight of the narcotics and whether you have been previously convicted of similar offenses are taken into account. We can inform you about what punishment you might expect. Feel free to contact us without obligation.

Have you received a penalty order?

If you are suspected of a drug offense, the Public Prosecution Service may choose in some cases not to bring your case before a criminal judge, but to handle the case themselves. This can be done by means of a penalty order. It is also possible that you will be invited to a Public Prosecutor’s hearing. In all these cases, you risk getting a criminal record. Therefore, never agree to this before speaking with your lawyer. We help you prevent these adverse consequences.

Why is it wise to hire a lawyer if you are suspected of a drug offense?

A conviction for possession, production, or trafficking of drugs can affect your future. You may not only risk a prison sentence. You may also experience problems in the future obtaining a Certificate of Good Conduct (VOG). Your lawyer helps you prevent these unpleasant consequences. Our criminal defense lawyers have extensive experience with these types of criminal cases. Based on your case file, they will look for the best defense strategy in your criminal case. Your lawyer will find out for you whether an acquittal may be possible in your criminal case. Please contact us without obligation to discuss the possibilities together.