This is an English translation. The original Dutch article is authoritative.
Below follows a description of the latest developments from the 2017 Annual Report. Tables 1a and 1b provide an overview of the latest figures on substance use and drug crime. The full report can be downloaded via the link below.
Developments in Drugs Policy
_New Opium Act substances_
As of 25 May 2017, a number of substances have been placed on List I of the Opium Act: PVP, acetylfentanyl and 4-FA. The substance phenazepam has been placed on List II.
_Extension of closure powers for premises_
A legislative proposal to extend Article 13b of the Opium Act (Extension of closure powers) was submitted to the House of Representatives in August 2017. This legislative proposal stipulates that the Mayor's power to close dwellings or other premises also applies in the case of punishable preparatory acts for the preparation or cultivation of drugs (where objects or substances are present that are clearly intended for that purpose).
_Consequences of criminalising preparatory acts_
Following the entry into force of Art. 11a of the Opium Act, growshops have closed, but they have also frequently adapted to the new legislation. This adaptation includes, among other things, the sale of goods from different locations and the use of the internet. Furthermore, obtaining cultivation supplies in the Netherlands appears to be becoming more difficult, and they also seem to be sourced from abroad more frequently.
_Resident criterion has national validity_
In a judgment of 30 September 2016, the Supreme Court ruled that the resident criterion has national validity and that it does not only apply in municipalities where nuisance as a result of drug tourism is experienced.
_Legislative proposal Closed coffeeshop supply chain experiment_
On 21 February, the private member's bill for the Closed coffeeshop supply chain experiment was passed in the House of Representatives. It is awaiting consideration in the Senate. The intention of the bill is to regulate the entire chain surrounding the coffeeshops transparently. The most important proposal is to establish a system of ministerial exemptions for professional and commercial growers, to be granted by the Minister of VWS.
_Scenario study_
An administrative exercise took place in which the practical consequences of three possible future scenarios regarding cannabis policy (cultivation and sale) were examined. The scenarios consisted of regulating cultivation and sale, tolerance, and prohibition.
_Substance testing for perpetrators of violence_
To reduce violence under the influence of alcohol and drugs, investigative officers have had the power since 1 January 2017 to order suspects of violent crimes to cooperate in a test for the use of alcohol or drugs. If the substance tests show that a suspect committed the violent crime under the influence of drink or drugs, this can be more explicitly and systematically weighed in the sentence demanded by the Public Prosecutor and the sentence imposed by the judge.
_Driving under the influence of drugs_
The police have had the authority since 1 July 2017 to use the saliva test to establish driving under the influence of drugs. Limits have been established in an Order in Council (AMvB) for both alcohol and drugs in the blood, for both single use and combined use of drugs, and of drugs and alcohol or medicines.
_Residential Nuisance Act_
From 1 July 2017, residential nuisance, including certain forms of drug-related nuisance (for example, a pungent smell of cannabis), can be addressed legally. The Mayor is authorised to issue a behavioral order to those causing nuisance.
_Intensification of the approach to synthetic drugs and cannabis cultivation in the South Netherlands_
The Taskforce and the Intensification South Netherlands of the police and Public Prosecution Service will be continued and strengthened in 2017.
_Post/parcel intervention team: drugs via the internet_
To counteract the shipment of drugs and other illegal goods via the internet, the Post/Parcel Intervention Team (PIT) project has been active since September 2016. In this, there is close cooperation between the police, Public Prosecution Service, and POSTNL. POSTNL intercepts mail and parcels containing drugs, which are then further investigated and handled by investigative officers and researchers from the NFI.
_Combating drug dumping_
Combating drug dumping will receive continued attention in 2016 and 2017. To prevent drug waste from being discharged, locating the source of the waste—the drug laboratory—is important. The police are working on a method where the dumping is initially approached from both an environmental and a general investigative perspective. A dumping site is a crime scene, from which traces must first be secured before it can be cleared.