· Basic Data
Prevalence and Trends
(Drug Use Prevalence in The Netherlands) "The most recent survey on drug use in the general population was conducted in 2009. However, due to methodological changes, the data are not comparable with those of previous surveys (1997, 2001 and 2005). Hence, recent trends cannot be described. In 2009 last year prevalence of cannabis use in the population of 15-64 years was 7.0% and last month prevalence was 4.2%. Almost one-third (30%) of the last month users had used cannabis daily or almost daily in the past month. The percentage of recent users of cocaine and ecstasy was almost the same (1.2% and 1.4%, respectively). Amphetamine remained least popular with 0.4% recent users.
"Cannabis use among pupils (12-16 years) from regular secondary schools showed a decreasing trend between 2001 and 2009. In 2009, 9% of the pupils had used cannabis in the past year against 14% in 2001. Four in ten recent users had used only once in the past year, and a minority was a frequent blower (40 times or more).
Source:
Van Laar, Margriet, et al., (2012). The Netherlands drug situation 2011: report to the EMCDDA by the Reitox National Focal Point. (Utrecht: Trimbos Institute, Netherlands Institute of Mental Health and Addiction), pp. 11-12.
http://www.trimbos.org/~/media/English%20site/AF1130%20The%20Netherlands...
All non-prescription drugs are illegal
Whatever your stance on drugs may be, there is no avoiding this. Having said that, the possession of less than 3g of cannabis, or one plant or seed (not both!), by someone over the age of 18, will be regarded as a ‘lowest-priority offence’. Again, that doesn’t make it legal; it only recognizes that some unlawful acts are more serious than others – that the occasional consumption of cannabis simply cannot be equated with running a Medellin-type cartel. Besides, prisons are full and police forces are stretched enough as it is. But remember that, legally speaking, cannabis, like heroin, cocaine and all controlled substances, is illegal. Anybody who says otherwise is wrong.
Making it worse
Selling drugs, including cannabis, will not be ignored by the authorities. Custodial sentences for selling cannabis alone range from three months to five years (and the line can be very thin between selling for profit and divvying up a ‘group purchase’ among friends). Other aggravating circumstances include consuming drugs in the company of minors or in a public place (park, bus stop, etc) near a school, as well as generally ‘causing public nuisance’ related to drug-taking. Unsurprisingly, this is open to interpretation and, therefore, highly subjective.
Another kind of deal
The crown prosecution (rather than the law itself) can decide to drop charges against an addict under certain conditions. These include, but are not restricted to, undergoing a rehab or weaning program, or a relevant therapy. Of course, a judge may also opt to lighten or suspend a sentence on similar terms. This is not a guaranteed right, however – far from it. Many factors will be taken on board, chief among which is the threat posed by the accused.
Help is at hand
Why wait for an offer from a magistrate? “Access to specialist treatment centers is relatively easy,” says Antoine Boucher, communication officer for Infor-Drogues, a non-profit organization offering help and advice to anyone affected, in whichever way, by drug abuse. “The best is to apply for several places. The mutuelle/ziekenfonds will even cover part of the costs for approved centers, most of which even help out with paperwork.” Which, in Belgium, is a huge relief.
http://www.encod.org/info/BELGIUM.html
Marijuana
1. Consumption and possession
Drug consumption is considered an offence only if it takes place in a group. According to a ministerial decree of January 2005, possession of cannabis for personal use is depenalised. This means: if you are above 18, and have less than 3 grammes on you, and if you are not causing public nuisance according to the police officer or the judge, you will not be persecuted. If you are under 18, if you have more than 3 grammes, if you are into public nuisance, if there are aggravating circumstances or if you are stopped by police outside the district where you live, you may have a problem. Punishment is with fines or prison in case of aggravating circumstances.
2. Cultivation
Cultivation of one female plant per person is allowed. The association Trekt Uw Plant, a Cannabis Social Club based in Antwerp, that has established a collective plantation based on the principle of one female plant per person, has been absolved in two court cases that were opened by Antwerp prosecutors (one on the accusation of "criminal association" and the other on "incitement to drug use"). The association is now operating on an experimental level growing a collective plantation for the personal consumption of its members.
3. Distribution
Illegal. More heavily punished then before the depenalisation of cannabis (now it is always jail, before it was jail or treatment)
4. Provision of seeds, tools to produce and consume cannabis etc.
Officially this is not forbidden, but it is very hard to set up a grow-shop. Authorities will do everything to undermine the functioning of the shop, using legal accusations like “incitement to drug use”.
There is one growshop, THC, in Brussels. Some small efforts to open other ones are on-going.
5. Production and distribution of hemp products
It is legal, but difficult to find. One hemp shop opened in Leuven early 2006.
POLICIES ON OTHER DRUGS
Compared to other countries, Belgium has started rather late to shift the general emphasis of its drug policy from law enforcement to public health. Harm reduction measures have only started to become implemented in recent years, and the situation is still very different in various parts of the country (Belgium is divided in three communities: Flanders, the French speaking region and Brussels).
Drug policies in Belgium are based on a law from 1921 which has been revised substantially in 1975 and 1994. Adjustments in the legal approach are also being made by royal decrees and “circulaires”, which do not always need to be approved by Parliament.
Source:
1: Substance Abuse and Mental Health Services Administration. (2010). Results from the 2009 National Survey on Drug Use and Health: Volume II. Technical Appendices and Selected Prevalence Tables (Office of Applied Studies, NSDUH Series H-38B, HHS Publication No. SMA 10-4586Appendices). Rockville, MD, p. 99, Table G.2, and p. 101, Table G.4.
http://www.oas.samhsa.gov/NSDUH/2k9NSDUH/2k9ResultsApps.pdf
2: "The Netherlands Drug Situation 2011: Report to the EMCDDA by the Reitox National Focal Point" (Netherlands Institute of Mental Health and Addiction and the Ministry of Security and Justice Research and Documentation Centre, 2012), p. 40, Table 2.1.1.
http://www.trimbos.org/~/media/English%20site/AF1130%20The%20Netherlands...
3: Walmsley, Roy, "World Prison Population List (Tenth Edition)" (Kings College, London, England: International Centre for Prison Studies, 2013), Table 2, p. 3, and Table 4, p. 5.
http://www.prisonstudies.org/sites/prisonstudies.org/files/resources/dow...
4: van Dijk, Frans & Jaap de Waard, "Legal infrastructure of the Netherlands in international perspective: Crime control" (Netherlands: Ministry of Justice, June 2000), p. 9, Table S.13.
5: UNODC Global Study on Homicide 2013 (United Nations publication, Sales No. 14.IV.1), Table 8.1, p. 126 and p. 132
http://www.unodc.org/documents/gsh/pdfs/2014_GLOBAL_HOMICIDE_BOOK_web.pd...
Prevalence and Trends
(Drug Use Prevalence in The Netherlands) "The most recent survey on drug use in the general population was conducted in 2009. However, due to methodological changes, the data are not comparable with those of previous surveys (1997, 2001 and 2005). Hence, recent trends cannot be described. In 2009 last year prevalence of cannabis use in the population of 15-64 years was 7.0% and last month prevalence was 4.2%. Almost one-third (30%) of the last month users had used cannabis daily or almost daily in the past month. The percentage of recent users of cocaine and ecstasy was almost the same (1.2% and 1.4%, respectively). Amphetamine remained least popular with 0.4% recent users.
"Cannabis use among pupils (12-16 years) from regular secondary schools showed a decreasing trend between 2001 and 2009. In 2009, 9% of the pupils had used cannabis in the past year against 14% in 2001. Four in ten recent users had used only once in the past year, and a minority was a frequent blower (40 times or more).
Source:
Van Laar, Margriet, et al., (2012). The Netherlands drug situation 2011: report to the EMCDDA by the Reitox National Focal Point. (Utrecht: Trimbos Institute, Netherlands Institute of Mental Health and Addiction), pp. 11-12.
http://www.trimbos.org/~/media/English%20site/AF1130%20The%20Netherlands...
All non-prescription drugs are illegal
Whatever your stance on drugs may be, there is no avoiding this. Having said that, the possession of less than 3g of cannabis, or one plant or seed (not both!), by someone over the age of 18, will be regarded as a ‘lowest-priority offence’. Again, that doesn’t make it legal; it only recognizes that some unlawful acts are more serious than others – that the occasional consumption of cannabis simply cannot be equated with running a Medellin-type cartel. Besides, prisons are full and police forces are stretched enough as it is. But remember that, legally speaking, cannabis, like heroin, cocaine and all controlled substances, is illegal. Anybody who says otherwise is wrong.
Making it worse
Selling drugs, including cannabis, will not be ignored by the authorities. Custodial sentences for selling cannabis alone range from three months to five years (and the line can be very thin between selling for profit and divvying up a ‘group purchase’ among friends). Other aggravating circumstances include consuming drugs in the company of minors or in a public place (park, bus stop, etc) near a school, as well as generally ‘causing public nuisance’ related to drug-taking. Unsurprisingly, this is open to interpretation and, therefore, highly subjective.
Another kind of deal
The crown prosecution (rather than the law itself) can decide to drop charges against an addict under certain conditions. These include, but are not restricted to, undergoing a rehab or weaning program, or a relevant therapy. Of course, a judge may also opt to lighten or suspend a sentence on similar terms. This is not a guaranteed right, however – far from it. Many factors will be taken on board, chief among which is the threat posed by the accused.
Help is at hand
Why wait for an offer from a magistrate? “Access to specialist treatment centers is relatively easy,” says Antoine Boucher, communication officer for Infor-Drogues, a non-profit organization offering help and advice to anyone affected, in whichever way, by drug abuse. “The best is to apply for several places. The mutuelle/ziekenfonds will even cover part of the costs for approved centers, most of which even help out with paperwork.” Which, in Belgium, is a huge relief.
http://www.encod.org/info/BELGIUM.html
Marijuana
1. Consumption and possession
Drug consumption is considered an offence only if it takes place in a group. According to a ministerial decree of January 2005, possession of cannabis for personal use is depenalised. This means: if you are above 18, and have less than 3 grammes on you, and if you are not causing public nuisance according to the police officer or the judge, you will not be persecuted. If you are under 18, if you have more than 3 grammes, if you are into public nuisance, if there are aggravating circumstances or if you are stopped by police outside the district where you live, you may have a problem. Punishment is with fines or prison in case of aggravating circumstances.
2. Cultivation
Cultivation of one female plant per person is allowed. The association Trekt Uw Plant, a Cannabis Social Club based in Antwerp, that has established a collective plantation based on the principle of one female plant per person, has been absolved in two court cases that were opened by Antwerp prosecutors (one on the accusation of "criminal association" and the other on "incitement to drug use"). The association is now operating on an experimental level growing a collective plantation for the personal consumption of its members.
3. Distribution
Illegal. More heavily punished then before the depenalisation of cannabis (now it is always jail, before it was jail or treatment)
4. Provision of seeds, tools to produce and consume cannabis etc.
Officially this is not forbidden, but it is very hard to set up a grow-shop. Authorities will do everything to undermine the functioning of the shop, using legal accusations like “incitement to drug use”.
There is one growshop, THC, in Brussels. Some small efforts to open other ones are on-going.
5. Production and distribution of hemp products
It is legal, but difficult to find. One hemp shop opened in Leuven early 2006.
POLICIES ON OTHER DRUGS
Compared to other countries, Belgium has started rather late to shift the general emphasis of its drug policy from law enforcement to public health. Harm reduction measures have only started to become implemented in recent years, and the situation is still very different in various parts of the country (Belgium is divided in three communities: Flanders, the French speaking region and Brussels).
Drug policies in Belgium are based on a law from 1921 which has been revised substantially in 1975 and 1994. Adjustments in the legal approach are also being made by royal decrees and “circulaires”, which do not always need to be approved by Parliament.
Source:
1: Substance Abuse and Mental Health Services Administration. (2010). Results from the 2009 National Survey on Drug Use and Health: Volume II. Technical Appendices and Selected Prevalence Tables (Office of Applied Studies, NSDUH Series H-38B, HHS Publication No. SMA 10-4586Appendices). Rockville, MD, p. 99, Table G.2, and p. 101, Table G.4.
http://www.oas.samhsa.gov/NSDUH/2k9NSDUH/2k9ResultsApps.pdf
2: "The Netherlands Drug Situation 2011: Report to the EMCDDA by the Reitox National Focal Point" (Netherlands Institute of Mental Health and Addiction and the Ministry of Security and Justice Research and Documentation Centre, 2012), p. 40, Table 2.1.1.
http://www.trimbos.org/~/media/English%20site/AF1130%20The%20Netherlands...
3: Walmsley, Roy, "World Prison Population List (Tenth Edition)" (Kings College, London, England: International Centre for Prison Studies, 2013), Table 2, p. 3, and Table 4, p. 5.
http://www.prisonstudies.org/sites/prisonstudies.org/files/resources/dow...
4: van Dijk, Frans & Jaap de Waard, "Legal infrastructure of the Netherlands in international perspective: Crime control" (Netherlands: Ministry of Justice, June 2000), p. 9, Table S.13.
5: UNODC Global Study on Homicide 2013 (United Nations publication, Sales No. 14.IV.1), Table 8.1, p. 126 and p. 132
http://www.unodc.org/documents/gsh/pdfs/2014_GLOBAL_HOMICIDE_BOOK_web.pd...