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Reports - Drugs Policy in the Netherlands

Drug Abuse

Drugs policy in the Netherlands: Note 1

Note 1

A number of studies have been conducted in preparation for the present policy document, for which the results formed part of the basis. Compilations of the material in question will be published separately by the Stichting Toekomstscenario's Gezondheidszorg (Organisation for Future Scenarios in Health Care) and the Science Policy and Development Department of the Ministry of Justice and by the research institutes concerned.

Drugs policy in the Netherlands: Note 2

Note 2

According to a United Nations report 5 million people die each year from the use of alcohol and tobacco, whereas the most pessimistic estimate of the total number of drug deaths throughout the world is 200,000 (UN, ECOSOC, 1995).

Drugs policy in the Netherlands: Note 3

Note 3

Werkgroep Verdovende Middelen (Working Party on Narcotics) (Baan Committee), 1972.

Drugs policy in the Netherlands: Note 4

Note 4

Lower House of the States General; 1974-75 session, 11742.8, p. 4.

Drugs policy in the Netherlands: Note 5

Note 5

The use of drugs in itself is not a criminal offence in Germany, Denmark, Spain, Greece, Portugal or the United Kingdom either.

Drugs policy in the Netherlands: Note 6

Note 6

Parker et al., 1995; Sociaal en Cultureel Planbureau (Social and Cultural Planning Office), 1994.

Drugs policy in the Netherlands: Note 7

Note 7

Rackenheimer et al., 1995; ISDD, 1994; Reuband, 1995; Ministerio de Justicia e Interior, 1994.

Drugs policy in the Netherlands: Note 8

Note 8

Reuter et al., 1993; Kuipers et al., 1993; Junger-Tas et al. (eds.), 1994; Reuband, 1994; NIAD, 1995.

Note 9

Cohen, 1995.

Drugs policy in the Netherlands: Note 10

Note 10

Based on recent research by Bieleman et al. (1995a) and reactions to it by experts from the research field.

 

Drugs policy in the Netherlands: Note 11

Note 11

Kuipers et al., 1993.

Drugs policy in the Netherlands: Note 12

Note 12

Some experts assume that crack is popular primarily among addicts who are not in a position to prepare their cocaine indoors in the appropriate manner. Repressive measures could thus encourage the emergence of a crack market (Organisation for Future Scenarios in Health Care (STG), 1995).

Drugs policy in the Netherlands: Note 13

Note 13

UN, ECOSOC, 1995. This picture is confirmed by independent sources based on local estimates (Bless et al., 1993). Cf. also Van Brussel et al., 1995; Cobelens et al., 1990.

Drugs policy in the Netherlands: Note 14

Note 14

UN, ECOSOC, 1995; Spruit (ed.), 1995.

Drugs policy in the Netherlands: Note 15

Note 15

Van Ameijden, 1994.

Drugs policy in the Netherlands: Note 16

Note 16

Bieleman et al., 1995a; Driessen, 1990.

Drugs policy in the Netherlands: Note 17

Note 17

Bieleman et al., 1995b; Leuw, 1995.

Drugs policy in the Netherlands: Note 18

Note 18

Hug and Winizki, 1993.

Drugs policy in the Netherlands: Note 19

Note 19

Driessen and Jansen, 1993; Van der Toorn, 1993; Stichting Maatschappij en Politie (Society and the Police), 1991.

Drugs policy in the Netherlands: Note 20

Note 20

"Rapport de la Commission de Reflexion sur la Drogue et la Toxicomanie" (Report of the Commission considering drugs and drug addiction) (Henrion), 1994; Report of the National Task Force on Cannabis, Australia, 1994.

Drugs policy in the Netherlands: Note 21

Note 21

National Criminal Intelligence Service (CRI), 1994.

Drugs policy in the Netherlands: Note 22

Note 22

The Final Act of the Convention of 19 June 1990 implementing the 1985 Schengen Agreement contains the following statement:"Insofar as a Contracting Party derogates from the principle referred to in Article 71(2) in connection with its national policy on the prevention and treatment of addiction to narcotic drugs and psychotropic substances, all Contracting Parties shall adopt the requisite administrative measures and penal sanctions to prevent and penalise the illicit import action and export action of such products and substances, particularly towards the territory of the other Contracting Parties".

Drugs policy in the Netherlands: Note 23

Note 23

"Drugsbeheersing door Legalisatie" (Drug control through legalisation), report submitted by a working party chaired by R. Dufour (September 1994).

Drugs policy in the Netherlands: Note 24

Note 24

A survey conducted between 25 and 29 August 1994 among an aselect sample of members of the public revealed that 50% of the population is in favour of continuing the policy of tolerating soft drugs or of their legalisation. 45% is against this and would rather see tougher action on trafficking in soft drugs.
Telepanel market research organisation, Amsterdam, figures provided to the Ministry of Justice.

Drugs policy in the Netherlands: Note 25

Note 25

The international agreements of relevance in this context do not affect the applicability of the expediency principle - the principle that the authorities are not obliged to prosecute an offender but are required to weigh the importance of a repressive response against considerations of the general interest and special individual circumstances which militate against such a response. In so far as the 1988 UN Convention could interfere with the principle, the Netherlands has retained the freedom to pursue its own policy which depends upon the principle by entering a reservation (which was not contested) (Schutte, 1995).

Drugs policy in the Netherlands: Note 26

Note 26

IVV, Stichting Informatie Voorziening Verslavingszorg (organisation providing information on the care of addicts), 1994.

Drugs policy in the Netherlands: Note 27

Note 27

Driessen, 1992.

Drugs policy in the Netherlands: Note 28

Note 28

Kuipers et al., 1993.

Drugs policy in the Netherlands: Note 29

Note 29

Korf, Van der Steenhoven, 1994.

Drugs policy in the Netherlands: Note 30

Note 30

J.J.M. van Dijk, H.I. Sagel-Grande, L.G. Toornvliet, 1995.

Drugs policy in the Netherlands: Note 31

Note 31

80% of all pickpockets who were arrested in the inner city area of Amsterdam between November 1994 and March 1995 proved to be illegal immigrants, as did 70% of car thieves and 53% of muggers.

Drugs policy in the Netherlands: Note 32

Note 32

In the cities about forty percent of drug addicts come into contact with the police at least once a year. About a quarter of addicts feature in police records four times or more per year on account of criminal offences (Bieleman et al., 1995a; Ministry of Justice, 1995).]

Drugs policy in the Netherlands: Note 33

Note 33

Cozijn, Van Dijk, 1978; Swierstra, 1990, Korf and Leuw, 1992, Knauss and Erhardt (BKA, 1993).

Drugs policy in the Netherlands: Note 34

Note 34

Bieleman et al., 1995a.

Drugs policy in the Netherlands: Note 35

Note 35

Further details can be found in the policy document on public safety policy, 1995-1998.

Drugs policy in the Netherlands: Note 36

Note 36

Council of State, 28 August 1995, no. HO1.95.0073.

Drugs policy in the Netherlands: Note 37

Note 37

European Union, The Council, 8929/94 SAN 55 CORDROGUE 34, Brussels, 29 May 1995.

Drugs policy in the Netherlands: Note 38

Note 38

Municipal Health Service, Amsterdam, 1994; Municipal Health Service, Rotterdam, 1994.

Drugs policy in the Netherlands: Note 39

Note 39

Municipal Health Service, Amsterdam, 1994; Municipal Health Service, Rotterdam, 1994.

Drugs policy in the Netherlands: Note 40

Note 40

Municipal Health Service, Amsterdam, 1994.

Drugs policy in the Netherlands: Note 41

Note 41

Municipal Health Service, Amsterdam, 1994.; Cramer, Schippers, 1994.

Drugs policy in the Netherlands: Note 42

Note 42

Municipal Health Service, Amsterdam 1994; Kooyman, 1992.

Drugs policy in the Netherlands: Note 43

Note 43

Ministry of Welfare, Health and Cultural Affairs / Ministry of Justice, 1994.

Drugs policy in the Netherlands: Note 44

Note 44

De Beer et al., 1994; "Den Bosch scoort met omstreden drugproject" (Success in Den Bosch with controversial drugs project), article in the newspaper "Utrechts Nieuwsblad", 22 August 1995.

Drugs policy in the Netherlands: Note 45

Note 45

Stichting Toekomstscenario's Gezondheidszorg (Organisation for Future Scenarios in Health Care), 1995

Drugs policy in the Netherlands: Note 46

Note 46

Korf, 1988; Driessen et al., 1989.

Drugs policy in the Netherlands: Note 47

Note 47

NIAD, 1995; Sandwijk et al., 1995.

Drugs policy in the Netherlands: Note 48

Note 48

Cf. inter alia, National report on substance abuse, 1995.

Drugs policy in the Netherlands: Note 49

Note 49

Spruit, ed., 1995.

Drugs policy in the Netherlands: Note 50

Note 50

Korf, 1995.

Drugs policy in the Netherlands: Note 51

Note 51

Lowinson et al., 1992.

Drugs policy in the Netherlands: Note 52

Note 52

Van Dijk, 1993; Oosterveer, 1995.

Drugs policy in the Netherlands: Note 53

Note 53

Steinmetz et al., 1995; Van Duyne, 1995.

Drugs policy in the Netherlands: Note 54

Note 54

Bieleman et al., 1995b; Schouten et al., 1995; Van Laar en Van Ooyen-Houben, 1995.

Drugs policy in the Netherlands: Note 55

Note 55

Leue, 1994; Leuw and Aron, 1995; Bieleman et al., 1995b.

Drugs policy in the Netherlands: Note 56

Note 56

The Association of Netherlands Municipalities sent a brochure to its members in 1994 containing an extensive survey of the available administrative and legal instruments. In February 1993 a broadly-based working party chaired by P.H.A.J. Cremers drew up an overview of the various administrative, criminal law, civil law and aliens law options.

Drugs policy in the Netherlands: Note 57

Note 57

Korf et al., 1993. Research was conducted in Venlo, Maastricht, Arnhem, Breda, Rotterdam and on the Hazeldonk route.

Drugs policy in the Netherlands: Note 58

Note 58

Doc E/CN.7/1995/9 and National Criminal Intelligence Service (CRI) 1994 annual report.

Drugs policy in the Netherlands: Note 59

Note 59

National Criminal Intelligence Service (CRI) 1994 Annual Report.

Drugs policy in the Netherlands: Note 60

Note 60

Data provided by the EDU/Europol Analytical Department, June 1995.

Drugs policy in the Netherlands: Note 61

Note 61

It should also be noted that not all countries use the same unambiguous system of recording amphetamines and synthetic drugs. In the case of amphetamines, for example, it should be borne in mind that in addition to the quantities in kilogrammes mentioned, quantities of tablets were also found, namely in Spain (6,000), the Netherlands (11,000) and Germany (over 250,000). In addition, only in the Netherlands was the seizure of kilogrammes of synthetic drugs (ecstasy etc.) recorded (101,000).

Drugs policy in the Netherlands: Note 62

Note 62

National survey of criminal groups, 1995.

Drugs policy in the Netherlands: Note 63

Note 63

In interpreting these data it should be borne in mind that they may be distorted by the very fact of registration. It may be assumed that more information is available about groups into which investigations are being or have been conducted and that according priority to certain groups or types of crime will also affect the amount of information available on them.

Drugs policy in the Netherlands: Note 64

Note 64

From 1 February 1994 to 31 February 1995.

Drugs policy in the Netherlands: Note 65

Note 65

Doc E/CN.7/1995/8, Illicit drug traffic and supply etc.

Drugs policy in the Netherlands: Note 66

Note 66

Hug and Winizki, 1993; ANSA, 1994.

Drugs policy in the Netherlands: Note 67

Note 67

Perkins and Gilbert, 1987.

Drugs policy in the Netherlands: Note 68

Note 68

Steinmetz et al. (1995) estimated that there were up to 50,000 small-scale growers. Other sources estimate there to be slightly fewer (approximately 35,000). A domestic grower with a few plants under a single light who harvests five times a year can produce a yield of approximately 1.5 kilogrammes. The total yield of about 35,000 domestic growers would then be approximately 50,000 kilogrammes, sufficient to meet current domestic demand.

Drugs policy in the Netherlands: Note 69

Note 69

In May and October 1994 interim reports were published by ConsultiuM on the volume of hemp cultivation and on the granting of permits under section 7 of the Opium Act.

Drugs policy in the Netherlands: Note 70

Note 70

Stichting Toekomstscenario's Gezondheidszorg, 1995.

Drugs policy in the Netherlands: Note 71

Note 71

The full report will form part of the documentation on which the present policy document is based which is to be published. Interpretations of the tenor of the various instruments are entirely the author's own. In no way can they be regarded or cited as views which can be attributed to the Legal Service of the Council of the European Union.

Drugs policy in the Netherlands: Note 72

Note 72

The trial will require a one-off investment in 1996 of NLG 20 million (10 million to come from the Ministry of Justice, 9 million from the GSB/Municipality of Rotterdam and 1 million from the Ministry of the Interior).

Drugs policy in the Netherlands: Note 73

Note 73

1996: NLG 1.5 million (pilot study); 1997 and subsequent years: NLG 4 million.