The Netherlands is often considered a cannabis paradise. However, despite Amsterdam’s famous coffee shops, cannabis is technically illegal there, although its use is tolerated. The authorities are seeking to reform current practices, and we may soon see the emergence of a state-regulated recreational market.
To that end, Amsterdam will join other Dutch cities in a pilot program aimed at selling cannabis produced legally in the Netherlands—a country known for its tolerance toward soft drugs—the government has decided.
While the use and sale of cannabis, marijuana, and their derivatives are tolerated, the rest of the supply chain is illegal, and the drugs sold are often smuggled into the country, particularly by various criminal organizations.
With the inclusion of Amsterdam, the pilot program now involves eleven cities and aims to determine whether regulated production, distribution, and sale of cannabis are feasible. It is also intended to monitor the quality of the drugs and analyze the impact of this approach on crime, public safety, and public health.
The pilot program will begin in December in Breda and Tilburg, two cities in the southern part of the country.
Netherlands: Eleven cities, including Amsterdam, will test locally grown cannabis
Amsterdam will join other Dutch cities in an experiment aimed at selling cannabis produced legally in the Netherlands. On Friday, September 29, a government measure was announced in the country known for its tolerance toward the plant.
The Netherlands is taking risks to cultivate its own crops. On Friday, September 29, the capital, Amsterdam, joined other Dutch cities in launching a pilot project aimed at selling cannabis legally produced in the country. In a nation known for its tolerance toward the plant, a revolution is underway. But while the use and sale of cannabis, marijuana, and their derivatives are now tolerated, the rest of the supply chain remains illegal. As a result, the drugs sold often enter the country through smuggling.
With Amsterdam’s inclusion, the pilot program now encompasses eleven cities. The project aims to determine whether the regulated production, distribution, and sale of cannabis are feasible.
The pilot phase is also intended to monitor the quality of the drugs and analyze the impact of this approach on crime, safety, and public health. The measure will take effect in December and will begin in the cities of Breda and Tilburg, in the southern Netherlands.
Legally grown products and “tolerated” products
In a decision published on Friday, September 29, the outgoing Dutch government announced that Amsterdam had been selected to participate in the four-year pilot program. The pilot phase will begin later in the capital, as well as in eight other cities, starting at the end of the first quarter of 2024. The pilot program has been authorized since 2019 and will be able to draw on a designated pool of legal producers starting in 2020. However, its launch—initially scheduled for 2022—has been delayed several times.
“The rationale for adding an eleventh municipality is that it will not cause any delays,” the Dutch government explained. It was also clarified that “the phased rollout does not mean the experiment will end at different times.”
The experiments will be suspended if “public order or public safety” are threatened
The next two manufacturers are expected to begin supplying coffee shops in Breda and Tilburg in February 2024. The next phase, involving all participating cities, is expected to begin as early as the end of the first quarter of 2024. But the government has warned: “Progress during the start-up phase is being monitored. If there is a serious threat to public order or safety, the start-up phase will be terminated prematurely.”
“The producers’ timelines are currently too uncertain to provide more clarity on the actual start of the next phase,” the executive stated. It is also exploring whether the city of Amsterdam might get involved.
Four years of experimentation
Initially, participating coffee shops will be able to offer legally grown products and “tolerated” products. The pilot program will last four years, beginning with a “pilot phase” in the first ten cities.
Many officials and experts attribute the increase in cocaine trafficking to the Netherlands’ lenient policy on soft drugs. They believe that drug traffickers have built vast networks while the authorities have turned a blind eye.
A Brief Overview of Dutch Cannabis Laws
Is it legal to possess and use cannabis in the Netherlands?
The Dutch government divides drugs into two categories:
- List 1: “Hard” drugs considered harmful to health, such as heroin, cocaine, ecstasy, and GHB.
- List 2: “Soft” drugs that are less risky, such as sedatives and cannabis.
All drug laws are based on the Opium Act of 1928, which prohibits the possession of any drug (List 1 or 2). However, one of the guidelines of the Opium Act stipulates that local authorities will tolerate certain establishments where cannabis is consumed (“coffee shops”). This official policy of tolerance is called gedoogbeleid. Thus, contrary to popular belief, cannabis has been decriminalized, not legalized. As of March 2017, there were 567 coffee shops in the Netherlands.
In some cases, the law does apply to cannabis use. For example, if consumption is deemed to pose a health risk to young people (near schools or on public transportation), prosecution may be possible. The decision to prosecute rests with local authorities, not the national government.
Technically, possession of cannabis, even in small quantities, is punishable by imprisonment. Small quantities are defined as 5 grams. A first offense involving possession of more than 5 grams will be punishable by a fine, while possession of more than 5 grams will be punishable by imprisonment.
For quantities less than 5 grams, authorities may only confiscate the cannabis without prosecution or fines.
Is it allowed to smoke cannabis on the streets of Amsterdam?
Smoking cannabis in public places is prohibited. However, the police do not actively arrest people for possession or use of small amounts of cannabis—particularly in downtown Amsterdam—and they issue only warnings to people who smoke cannabis without causing a disturbance.
Is it legal to sell cannabis in the Netherlands?
The sale of cannabis is illegal, and anyone charged with supplying cannabis is highly likely to be convicted. In 2004, the law on the confinement of repeat offenders was enacted. This involves a form of incarceration and treatment that takes place primarily in facilities outside of prison.
However, the law is more complicated for coffee shops, which must comply with certain “tolerance standards,” including the following:
- no sale of more than 5 grams of cannabis per person per day;
- No sale of cannabis to minors;
- No minors allowed;
- No alcohol sales;
- a prohibition on holding commercial inventory in excess of 500 grams;
- Access and sales are prohibited to individuals residing outside the Netherlands.
If café owners follow these guidelines, local authorities will tolerate the sale of cannabis on their premises.
The police enforce some laws more strictly than others, such as the law regarding sales to minors. The rules regarding sales to foreigners are not as strict, as enforcing them strictly would drive most cafés out of business.
Can cannabis be grown in the Netherlands?
Once again, growing cannabis is officially illegal, although growing certain plants at home for personal use is legal. If five plants or fewer are grown, the authorities may confiscate them without pressing charges.
The “personal use” aspect is crucial. There is no doubt that the crop must not be sold. If at least two signs of commercial production are detected—for example, the use of artificial lighting, ventilation, timers, etc.—the authorities may press charges.
The consequences of growing more plants are more severe, and offenders may be sentenced to community service or several years in prison. Penalties against criminal organizations may be increased if they expand their operations, create a fire hazard, or set up traps.
A number of culturally relevant court cases are worth noting. Among others, there is an interesting case study involving two farmers arrested in 2014. Although they violated the law by growing 2,500 cannabis plants, the court decided not to punish them.
In support of his decision, the judge argued that the two farmers were growing cannabis plants safely and responsibly, in accordance with the Netherlands’ permissive policies. This is a landmark case that demonstrates the country’s changing attitude toward cannabis cultivation.
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