Tolerance in short
Tolerance means that the government allows something under strict conditions, even though the law contains a ban. So tolerance is not the same as legal. For soft drugs this means that sales are only permitted in a tolerated coffeeshop that sticks to the rules.
The law: the Opium Act
The Opium Act prohibits the possession, dealing and production of drugs in the Netherlands. The tolerance policy sits alongside that law and describes when sales are permitted after all: only in a tolerated coffeeshop that sticks to the rules. Selling soft drugs yourself or passing them on to others, even to friends, is a criminal offence.
Who sets the conditions
The national conditions are set out in the Opium Act Instruction (Aanwijzing Opiumwet) of the Public Prosecution Service. They are called the tolerance criteria. A coffeeshop that meets all the tolerance criteria is tolerated.
The tolerance criteria in short
In Dutch the tolerance criteria are often abbreviated with letters. The A stands for no advertising, the H for no hard drugs and the O for no nuisance. The J stands for no young people under 18 and the G for no large quantities.
What happens when the rules are broken
If a coffeeshop does not meet the conditions, the mayor can close the coffeeshop (temporarily). The Public Prosecution Service can also prosecute the owner. That is how the municipality and the Public Prosecution Service make sure the rules are followed.
The municipality has a say
A municipality is not obliged to allow coffeeshops. If a municipality chooses to have no coffeeshops at all, that is called the zero option (nuloptie). Other municipalities set a maximum number.
Sources
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