On January 23, 2024, the mayor of the municipality of Weert decided to close a residence under Section 13b of the Opium Act for a period of three months. The mayor had decided this because 79 grams of cocaine and 2,102 grams of hemp had been found in the residence on July 2, 2023. Sjanneke de Crom, on behalf of the owner of the residence, appealed the decision on objection of Jan. 23 and argued, among other things, that there was no need to close the residence, since no drugs were traded from the residence. Her client did not know about the drugs found in the residence because it had been placed in the residence by her son during her vacation. It was also argued that no "run" to the residence or nuisance was observed, which was substantiated by statements from local residents. In addition, it was argued in the appeal proceedings that the residence is located in a neighborhood where there is no pressure on the residential and living environment.
The judge in Roermond followed Mr. De Crom's views and found that the necessity of the closure has now evaporated. The mayor failed to give reasons why a closure was necessary in this case. The appeal was upheld, which means that the mayor of Weert may not close the residence.
The full ruling can be found here reading.
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