Drugs and the Criminal Law in the Netherlands (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 147-165, 1988, Jan van Dijk, Charles Haffmans, et al, eds. -- See NCJ-126687)

• NCJ Number: 126697
• Author(s): F Ruter
• Date Published: 1988
• Length: 19 pages
• Sale Source: Kluwer Law International
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Netherlands

Annotation

Criminal provisions to counter drug use have existed in the Netherlands since 1919, but these provisions were not invoked on a large scale until the 1960's.

Abstract

Principal drugs prohibited by early legislation were opium, morphine, heroin, and cocaine. Until 1966, the number of drug convictions averaged 23 a year. The maximum sentence for drug offenses was 1 year in prison until 1953 when it was changed to 4 years for producing and trafficking illicit drugs and for possession. Legislation in 1961 expanded the number of illicit drugs and emphasized law enforcement. Legislation in 1976 introduced heavier sentences for illicit drug trafficking, except for marijuana. Several acts were introduced in 1985 to combat international drug trafficking. Current Dutch criminal law provides considerable latitude within which criminal justice policies can operate. Judicial guidelines give top priority to drug producers and traffickers and specify a milder approach for personal drug consumption and for using or selling marijuana in small quantities. Since 1980, Dutch drug policy has aimed to prevent and neutralize drug use risks to addicts, people in their immediate vicinity, and society at large. Such policy must also consider the burden caused by drug offenses and drug-related crimes in the prison system. The effectiveness of a criminal justice approach to drug abuse prevention is questioned. 69 footnotes