Editing Drug policy of the Netherlands (section)

== Non-enforcement ==
[[File:Coffee shop license AMS mirror.JPG|thumb|City license for a [[cannabis coffee shop]] in [[Amsterdam]], [[Netherlands]]]]
[[File:038 Drug use forbidden in Rotterdam, Netherlands.jpg|thumb|Drug use is forbidden by local ordinance in [[Rotterdam]].]]
[[File:2013-04-01 Utrecht 10.JPG|thumb|right|A coffeeshop in [[Utrecht]]]]

The drug policy of the Netherlands is marked by its distinguishing between so called soft and hard drugs. An often used argument is that alcohol, which is claimed by some scientists as a hard drug,<ref name="MSNBC">{{cite web |url=http://www.nbcnews.com/id/17760130 |title=Alcohol, tobacco among riskiest drugs |publisher=NBC News |date=2007-03-24 |access-date=2011-04-20 |archive-date=14 October 2020 |archive-url=https://web.archive.org/web/20201014053046/http://www.nbcnews.com/id/17760130 |url-status=dead }}</ref> is legal and a soft drug cannot be more dangerous to society if it is controlled. This may refer to the Prohibition in the 1920s, when the U.S. government decided to ban all alcohol. Prohibition created a golden opportunity for organized crime syndicates to smuggle alcohol, and as a result the syndicates were able to gain considerable power in some major cities.<ref>{{cite web |url=http://www.nrc.nl/international/article2061261.ece/Call_for_end_to_distinction_between_soft_and_hard_drugs |archive-url=https://archive.today/20120909103552/http://www.nrc.nl/international/article2061261.ece/Call_for_end_to_distinction_between_soft_and_hard_drugs |url-status=dead |archive-date=2012-09-09 |title=Call for end to distinction between soft and hard drugs |publisher=Nrc.nl |access-date=2011-04-20 }}</ref>
Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still [[misdemeanor]]s, punishable by fines. Coffeeshops are also technically illegal but are flourishing nonetheless. However, a policy of non-enforcement has led to a situation where reliance upon non-enforcement has become common, and because of this the courts have ruled against the government when individual cases were prosecuted.

This is because the [[Dutch Ministry of Justice]] applies a ''gedoogbeleid'' (tolerance policy) with regard to the category of soft drugs: an official set of guidelines telling public prosecutors under which circumstances offenders should not be prosecuted. This is a more official version of a common practice in other European countries wherein law enforcement sets priorities regarding offenses on which it is important enough to spend limited resources.

According to current ''gedoogbeleid'' the possession of a maximum amount of five grams cannabis for personal use is not prosecuted. Cultivation is treated in a similar way. Cultivation of 5 plants or less is usually not prosecuted when they are renounced by the cultivator.<ref>{{cite web |url=http://www.justitie.nl/onderwerpen/criminaliteit/drugs/softdrugs/ |title=Drugs &#124; Rijksoverheid.nl |date=14 October 2010 |publisher=Justitie.nl |access-date=2011-04-20 |archive-date=14 May 2009 |archive-url=https://web.archive.org/web/20090514082652/http://www.justitie.nl/onderwerpen/criminaliteit/drugs/softdrugs/ |url-status=live }} (in Dutch)</ref>

Proponents of ''gedoogbeleid'' argue that such a policy practices more consistency in legal protection than without it. Opponents of the Dutch drug policy either call for full legalization, or argue that laws should penalize morally wrong or deviant behavior, whether enforceable or not. In the Dutch courts, however, it has long been determined that the institutionalized non-enforcement of statutes with well defined limits constitutes ''[[de facto]]'' decriminalization. The statutes are kept on the books mainly due to international pressure and in adherence with international treaties.<ref>{{cite news | first=Marc | last=Peeperkorn | title=Kamer voor legaliseren softdrugs| url=http://www.volkskrant.nl/den_haag/article164670.ece | work=Volkskrant | date=22 April 2003 | access-date=31 January 2009 | language=nl | quote=To make the sale, trade and growth of soft drugs not punishable is currently hindered by United Nations treaties.}}</ref> A November 2008 poll showed that a 60% majority of the Dutch population support the legalisation of soft drugs. The same poll showed that 85% supported closing of all cannabis coffeeshops within 250 meters walking distance from schools.<ref>{{cite news | title=Meeste Nederlanders voor legalisering softdrugs | url=http://www.parool.nl/parool/nl/224/Binnenland/article/detail/47361/2008/11/21/Meeste-Nederlanders-voor-legalisering-softdrugs.dhtml | work=Het Parool | agency=ANP | date=21 November 2008 | access-date=31 January 2009 | language=nl | quote=Two thirds of all Dutch advocate the legalisation of softdrugs. | archive-url=https://web.archive.org/web/20081227233405/http://www.parool.nl/parool/nl/224/Binnenland/article/detail/47361/2008/11/21/Meeste-Nederlanders-voor-legalisering-softdrugs.dhtml | archive-date=27 December 2008 | url-status=dead }}</ref>