Cannabis and the law in the Netherlands

Tolerated is not legal

Cannabis is prohibited under the Dutch Opium Act. What exists is a tolerance policy: the authorities deliberately refrain from prosecuting certain conduct, provided strict conditions are met.

The practical consequence is that there is no legal right involved. Tolerance can be withdrawn, conditions can be enforced, and everything outside those conditions remains a criminal offence.

The two lists

The Opium Act distinguishes between substances with unacceptable risk, on list I, and those with lower risk, on list II. Cannabis and hash are on list II.

The reasoning behind this separation was pragmatic: by separating the cannabis market from the hard drug market, cannabis users would not come into contact with a circuit where heroin and cocaine are also sold.

Possession

Possession of a small quantity for personal use generally does not lead to prosecution, though the substance is confiscated. Larger quantities, or indications of trade, are treated differently.

Cultivation

Cultivation is prohibited. Up to five plants for personal use generally does not lead to prosecution, but the plants are seized. Where there are signs of commercial cultivation, action follows regardless of the number.

Traffic

Driving under the influence is prohibited, with a legal limit for THC in the blood. This applies to bicycles as well, a point visitors frequently get wrong in a country where most people cycle.

Taking it across the border

Exporting cannabis is prohibited, including to countries where possession is legal or regulated locally. See the separate article on this.