The Netherlands Compared With The United States

For more information on Dutch drug policy, please see The Netherlands section of the Drug War Facts International Chapter.

http://www.drugwarfacts.org/cms/The+Netherlands

(2005 - cannabis in The Netherlands) "The sale of cannabis is illegal, yet coffee shops are tolerated in their sale of cannabis, if they adhere to certain criteria: no advertising, no sale of hard drugs, not selling to persons under the age of 18, not causing public nuisance and not selling more than 5 grams per transaction (AHOJ-G criteria). Three extra criteria are: no alcohol vendor, no more than 500 grams in stock and -- in some cities -- a minimum distance to a school or to the Dutch border. In recent years, government policy has aimed to reduce the number of coffee shops. However, the decision whether or not to tolerate a coffee shop lies with the local governments. At the end of 2005, the Netherlands had 729 officially tolerated cannabis outlets (coffee shops). This is a 1.0 percent overall decrease compared to the situation in 2004 (737 coffee shops, see paragraph 10.1). In 2005, the majority of the 467 municipalities in the Netherlands pursued a zero policy (72%) or a maximum policy (22%) with regard to the number of tolerated coffee shops."

(1997, 2001, & 2005 - drug usage in The Netherlands) Prevalence of drug use in the Dutch population 15-64 years of age:

(2008 - drug usage in the U.S.) Below are the results of the National Survey on Drug Use and Health 2008, showing estimates of the US population aged 12 and over who admit to using substances. It is important to note that the Survey finds slight use of 'hard drugs' like cocaine, heroin and crack.

(1988-1999 - The Netherlands) "The National Youth Health Surveys (in 1988, 1992, 1996, 1999) among pupils (12-18 years) showed that the increase in cannabis use since 1988 stabilised between 1996 and 1999 (De Zwart et al. 2000). According to the Health Behaviour in School-aged Children study, this trend continued in 2001 (Ter Bogt et al. 2003). Use of other drugs showed a similar trend or slightly drecreased (LTP of ecstasy and amphetamine)."

(1997-1999) "The figures for cannabis use among the general population reveal the same pictures. The Netherlands does not differ greatly from other European countries. In contrast, a comparison with the US shows a striking difference in this area: 32.9% of Americans aged 12 and above have experience with cannabis and 5.1% have used in the past month. These figures are twice as high as those in the Netherlands."

The Netherlands follows a policy of separating the market for illicit drugs. Cannabis is primarily purchased through coffee shops. Coffee shops offer no or few possibilities for purchasing illicit drugs other than cannabis. Thus The Netherlands achieve a separation of the soft drug market from the hard drugs market - and separation of the 'acceptable risk' drug user from the 'unacceptable risk' drug user.

"Dutch drug policy gives priority to a public health approach. In some cases, this resulted in a certain degree of tolerance and non-prosecution, instead of strict law enforcement. We give some examples:

"• The Drugs Information and Monitoring System (DIMS): this service co-ordinates pill testing at special test locations (not at parties) to determine health risks, to get insight in available new drugs and in trends in substance use (see also 10). Participants of DIMS will not be prosecuted (Staatscourant 2000, nr.250).

"• Safe Injection Rooms/User Rooms: in some municipalities hard drug users can use drugs in protected rooms, specially created for them by the local authority (see also 10). Drug dealing in or around user rooms is forbidden (Staatscourant 2000, nr.250).

"• Coffee-shop policy: Coffee shops are alcohol free outlets resembling bars, pubs or cafés, where adults - eighteen years or older - may individually purchase cannabis up to five grams (Staatscourant 2000, nr.250). Yet, suppressing large-scale commercial production of cannabis is a high law enforcement priority."

"Coffeeshops are tolerated with a view to protecting public health. The purpose here is to create a distinction between the markets for soft and hard drugs so that people who wish to use cannabis do not gradually slip into contact with hard drugs. The regulations governing coffeeshops are very rigorous. No alcohol or hard drugs may be sold or consumed there, and they are not allowed to advertise. Cannabis may only be sold to people who are aged 18 or over."

"The coffeeshops must adhere to what are known as the AHOJ-G criteria: no advertising, no sale of hard drugs, no public nuisance, no entry to young people under 18 years of age, and no sale of large quantities (more than five grams per transaction). The maximum level of stock for selling is set at 500 grams, although local authorities are entitled to impose lower limits."

(policy - cannabis in The Netherlands) "There is no evidence that the depenalization component of the 1976 policy, per se, increased levels of cannabis use. On the other hand, the later growth in commercial access to cannabis, after de facto legalization, was accompanied by steep increases in use, even among youth. In interpreting that association, three points deserve emphasis. First, the association may not be causal; we have already seen that recent increases occurred in the United States and Oslo despite very different policies. Second, throughout most of the first two decades of the 1976 policy, Dutch use levels have remained at or below those in the United States. And third, it remains to be seen whether prevalence levels will drop again in response to the reduction to a 5-g limit, and to recent government efforts to close down coffee shops and more aggressively enforce the regulations."

"Prevailing laws [The Netherlands]

"The most important provisions regarding drugs are laid down in the Opium Act. Since 1976, the Act has made a distinction between hard drugs (drugs with an unacceptable risk to public health, including heroin, cocaine, LSD and ecstasy) and drugs that entail a less significant risk (hash and marijuana). Fresh magic mushrooms were added, along with dry magic mushrooms, to the provisions of the Opium Act, List II, on 1 December 2008. As a result, the sale of fresh magic mushrooms is now prohibited.

"Possessing, dealing in, selling and producing drugs are criminal offences. Use is not.

"• Offences are punished more severely if hard drugs (drugs with unacceptable risks) are a factor.

"• The possession of drugs for the purpose of dealing is also more severely penalized that possession for one’s own personal use (see level of punishment).

"• The police and the judiciary give priority to tackling the large-scale drug trade and the production of drugs, which means that small-scale dealers and users are not systematically pursued (see the principle of expediency).

"• The sale of small quantities of soft drugs in coffeeshops is an offence, but in practice prosecutions are only generally made if the coffeeshop in question does not adhere to what are known as the AHOJ-G criteria (see AHOJ-G criteria).

"• The aim of allowing controlled sales outlets for cannabis is to separate the markets so that cannabis users do not come into contact with hard drugs and a criminal subculture when making their purchase."

Crime - Sec. 844. Penalties for simple possession [of Controlled Substances in the United States]

STATUTE
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while cting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter."

"Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year ....."

"if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ...."

"if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000."

Comparing Important Drug and Violence Indicators