Tolerance Policy for Coffeeshops in Den Haag
The coffeeshop tolerance policy in Den Haag is a typically Dutch phenomenon in which the Municipality of Den Haag and the Public Prosecutor's Office (PPO) tolerate coffeeshops for selling limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. This helps limit nuisance in neighborhoods like the Schilderswijk or Zeeheldenbuurt and keeps trade out of criminal circuits.
What does the tolerance policy for coffeeshops in Den Haag involve?
In Den Haag, police and the PPO enforce Opium Act violations but do not close coffeeshops that comply with local rules. This policy, which began in the 1970s, removes the sale of soft drugs like weed and hash from the illegal sphere and reduces disruption for Den Haag residents. Coffeeshops are allowed to sell, but production and wholesale remain strictly prohibited. The Municipality of Den Haag sets the number of coffeeshops and issues operating permits via the APV. It adheres to national standards but is tailored to local needs as a tolerance decision under administrative law. More about tolerance policy. For questions, contact the Legal Aid Office Den Haag.
Legal basis
The Opium Act (1928, as last amended) forms the core: Article 3 divides drugs into List I (hard drugs) and List II (soft drugs like cannabis). Sales and production are punishable (Articles 10-11). The tolerance policy stems from the PPO's AHO-56 guideline issued by the Board of Prosecutors-General, which sets conditions for non-prosecution. The Municipality of Den Haag supplements this with its own coffeeshop policy in tolerance decisions or APV permits. In 2010, the European Court ruled that this is permissible, provided it does not hinder EU trade.
Conditions for coffeeshops in Den Haag
Coffeeshops in Den Haag must meet the AHO-56 criteria:
- No nuisance: No noise, litter, or public order disturbances in the area.
- No sales to minors: Only to those 18+, with strict ID checks.
- Maximum 5 grams per person: Per transaction, no on-premises consumption.
- No hard drugs: Only List II soft drugs.
- No advertising: No promotion targeting foreigners.
- Visibility: Stock visible for inspection.
The Municipality of Den Haag imposes additional rules, such as a maximum of about one coffeeshop per 4,750 residents and bans in sensitive Den Haag neighborhoods.
Practice in Den Haag
Den Haag has around 57 tolerated coffeeshops, regulated by the local 'Coffeeshop Policy'. For example, in 2022, the municipality revoked a shop's permit in the Transvaal neighborhood due to nuisance and sales to tourists. Unlike stricter areas elsewhere, Den Haag enforces actively. In case of closure, the District Court of Den Haag may rule on administrative enforcement (Article 174 Municipalities Act).
Rights and obligations of coffeeshop operators in Den Haag
Obligations:
- Comply with AHO-56 and Den Haag rules.
- Maintain records of ID checks.
- Report changes to the Municipality of Den Haag.
Rights:
- Protection against expropriation (ECHR Protocol 1).
- Objection and appeal at the District Court of Den Haag (Awb Article 7:1).
- No prosecution if compliant.
In case of violation, the municipality may revoke the decision or impose penalty payments (Awb Article 5:25).
Comparison of coffeeshop tolerance policy with other forms
| Aspect | Coffeeshops Den Haag | Other tolerance policy (e.g., maintenance) |
|---|---|---|
| Legal basis | AHO-56 + Opium Act + APV Den Haag | Awb |
| Goal | Curb drug nuisance | Prioritize enforcement |
| Duration | Ongoing if compliant | Temporary |
| Enforcement | Police/PPO/Municipality Den Haag | Municipality |
Frequently asked questions
Can I open a coffeeshop in Den Haag without a permit?
No, the Municipality of Den Haag approves the number and issues permits. Otherwise, expect closure and Opium Act penalties via the PPO. Check the Municipality of Den Haag website.
What if my Den Haag coffeeshop causes nuisance?
The Municipality of Den Haag may revoke it; you get a hearing and appeal at the District Court of Den Haag (Awb). Use cameras and house rules to prevent issues.
Does policy vary by municipality, including Den Haag?
Yes, Den Haag tolerates 57, but stricter municipalities aim for zero. Check Den Haag policy on denhaag.nl or at the Legal Aid Office Den Haag.
What about cannabis cultivation for Den Haag shops?
Production remains illegal; Den Haag shops may not grow. Experiments are underway elsewhere, not in Den Haag.