One of the greatest myths about the Netherlands is that marijuana there is legal. The reality is different a little bit. So what is the truth?

So far Holland is the only country in the world where drugs are not necessarily linked with illegality, prosecution and hazardousness. Or at least some people think so. Here one of the myths about the Netherlands is also very important: drugs are LEGAL. It is not really so. The authorities and society of the Netherlands distinguish two types of drugs: soft drugs and hard ones. Soft drugs are marijuana, hashish and some kinds of mushrooms. LSD, XTC, heroine, cocaine and others are considered to be hard drugs. The possession of soft drugs is not prosecutable; it depends only on quantity and the circumstances of detecting them. For instance, smuggling drugs are the same crime as smuggling other goods, while selling is not necessarily prosecuted. In legal terms according to The Opium Act of 1919 (with some amendments in 1928 and 1976) possession, commercial distribution, production, import and export and advertising the sale or distribution of all drugs is punished by law. The usage of drugs is considered to be illness. The punishment is rather severe; for example, one can get 12 years of imprisonment for trafficking hard drugs or a huge fine of 100.000 guilders (about 172.000 Lt). The same activities with soft drugs are not so severe: 1 year in prison or 10.000 guilders fine (about 17,200 Lt); but Dutch has a very interesting policy towards illegal activities and the prosecution based on tolerance. It is called expediency principle.

The principle of expediency has been included in the Dutch Penal Code. This empowers the Public Prosecutor to refrain from prosecution of criminal offences if this is in the public interest. The guidelines for investigation and prosecution were amended on 1 October, 1996. These guidelines establish the priorities in the investigation and prosecution of Opium Act offences. Punishable offences involving hard drugs other than for individual use take the highest priority, followed by punishable offenses involving soft drugs other than for individual use. Investigation and prosecution of possession of hard drugs for individual consumption (generally 0.5 grams) and soft drugs to a maximum of 5 grams carry the lowest priority. If coffee shops comply with the guidelines the sale of a maximum of 5 grams of hashish and marijuana per transaction is generally not investigated. The police do confiscate all drugs discovered. Coffee shops involved in the sale of trade or consumption stocks for export are subject to priority investigation and prosecution. The same applies to soft drugs sales via other points of sale, such as cafes, shops, take-away centers, couriers or taxis, commercial telephone lines, mail order, etc. The marijuana selling shops are called coffee shops, even though the main product there is a hemp product, not coffee. In order to work freely coffee shops have to keep some guidelines, set by local and state authorities. They must adhere to the so-called AHOJ-G criteria: no Advertising (commercials), no Hard drugs sale, no Nuisance, no selling of soft drugs to Young persons (under 18) and no Large quantities (more than 5 grams) per transaction. The maximum trade stock allowed is 500 grams, but local councils may set a lower maximum. Depending on specific local problems, some local councils have added several stipulations to the AHOJ-G criteria in the form of a covenant ("no parking in front of entrance", "closing-time at 22.30 at night", etc.). The Public Prosecution Department has proclaimed the AHOJ-G criteria to be a nationwide criminal prosecution policy in 1991. The alcohol is not sold in coffee shops, but this has nothing to do with AHOJ-G principle but rather with unofficial coffee shop rules set by owners themselves.

The main problem in soft drugs business is so called “back door” problem. According to laws, coffee shop can have only 500 grams of weed, but what to do when the demand is bigger and sellers are out of marijuana? Then coffee shops purchase cannabis from drug dealers, but this activity is already punishable and expediency principle doesn’t help there. And here is a problem problem, because supply is limited, but there are no ways to limit the demand.

Cannabis use (%) among young people according to age and sex(1992)

(Reference: Jeugd en riskant gedrag , Kuipers et al 1993) "Youth and risky behavior" Some researches and surveys had been done about using marijuana by juvenile as well as all population. In the Netherlands, as was estimated 675,000 people use cannabis regularly or occasionally. This is about 4.6% of the population of 12 years and older. However, there are no hard figures available. A 1994 study of drug use in Amsterdam showed that 6.4% of the population had used cannabis recently (during the month preceding the survey). In 1990 this figure was 6%. The average age of the users is 30, but most are between 20 and 24. The number of new users per year is estimated at 1%. A study among apprentice in Amsterdam in 1995 also showed a fairly small increase in use in the 1990s. Large-scale nationwide surveys among secondary school students (aged between 12 - 18 years) showed that cannabis use increased more sharply before the 1990s, i.e. between 1984 and 1992. In 1984 4.8% of pupils had ever used cannabis and 2.3% had done so recently (during the previous month). In 1988, these percentages were 8.0% and 3.1% and in 1992 13.6% and 6.5% respectively. The difference between ever and recent use indicates that more than half of the cases involve experimental behavior. A lot of people stop using cannabis after leaving school. Boys score a significantly higher percentage than girls with regard to cannabis use, and the highest score in recent use is among 16 and 17 year-olds (see figure). Cannabis use (%) among young people according to age and sex (1992) (Reference: Jeugd en riskant gedrag , Kuipers et al 1993) "Youth and risky behavior"

About 2-5 per thousand cannabis users get into trouble. Medics proved that there are no serious physical effects of marijuana. It is even less harmful than smoking a cigarette or drinking beer. Some scientists disagree with them saying that marijuana creates psychological troubles which could lead to more serious consequences. The feeling after smoking a joint can be different to every person, one can be absolutely stoned, loose orientation in time and coordination of movements for a short time, another one, however, can not feel anything except laziness, warmth and absolute ignorance what’s happening around. (The perfect example of this is football fans during the EURO2000 Championship in Belgium and the Netherlands. In Holland the aggressive fans were almost quite, because they went to coffeehouse to watch the match. Weed has one effect that there are no sense of aggression, when one is stoned) Marihuana didn't cause any overdose deaths during it's medical and non-medical use of 5000 years, said Dr. Lester Grinspoon. The low number of addicts in comparison with hard drugs also shows the harmlessness of weed. These arguments are one of thousand defending the legalization on marijuana.

The discussion still continues, but legality of such kind of things can be possible only in a very tolerant society as Dutch one. You can smoke, if it doesn’t interfere with my life, say Dutchmen who deserve the name of the most liberal nation in the world.