The Netherlands Drug Situation 2010 - Trimbos-instituut

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1 Drug policy: legislation, strategies and economicanalysis1.1 Legal frameworkIntroductionIn the Netherlands, national drug policy has four major objectives (see §1.2 for the outlinesof the new Dutch drug policy): To prevent drug use and to treat and rehabilitate drug users. To reduce harm to users. To diminish public nuisance by drug users (the disturbance of public order and safetyin the neighbourhood). To combat the production and trafficking of drugs.The primary aim of Dutch drug policy is focused on health protection and health risk reduction.In §1.2 the proposed new objectives will be described. The enforcement of relevantlaws also has special attention. This policy was first formulated in the white paper:The Dutch Drug Policy: Continuity and Change (1995) (Ministry of Foreign Affairs et al.,1995). The implementation of this policy was monitored and updated by four progressreports. Since then, Dutch drug policy has developed drug-specific strategies and differentinitiatives to diminish public nuisance, drug offences and drug-related organisedcrime. The strategies on ecstasy and cocaine have a strong focus on law enforcement,while the cannabis strategy touches upon all aspects of the issue (see previous nationalreports).The draft of a new Dutch drug policy, which should have taken place in the course of2010, did not occur, because the Dutch government fell in February 2010 and new electionswere held in June 2010. The formulation of a new Dutch drug policy is the task ofthe new government which came in office in October 2010 (T.K.24077-253). One of theproposals of the new government is that coffee shops should become private clubs foradult Dutch inhabitants, which are only accessible for persons with a club pass. Also, locationsfor coffee shops should have a minimum distance of 350 metres from schools(VVD &CDA 2010).For more information see: § 1.2.LawsIn the Netherlands, only a few laws and regulations are primarily directed towards drugs,but many other laws with a broader scope are important in relation to illegal drugs:Drug laws and regulations Opium Act (Opiumwet) – (criminal law) Opium Act Decision (Opiumwetbesluit) (Royal Decree) Opium Act Directives (Directive of Public Prosecution Service) Victor Act (Wet Victor) – (criminal law/administrative law) Regulation Heroin Treatment – (ministerial regulation)17
Regulation Opium Act Exemptions (ministerial regulation)Laws and regulations indirectly important for illegal drugs Prisons Act (Penitentiaire Beginselenwet) - (criminal law) Conditional Release Act – (criminal law) Placement in an Institution for Prolific Offenders Act (Plaatsing in een inrichting voorstelselmatige daders – ISD) - (criminal law) Abuse of Chemical Substances Prevention Act (Wet Voorkoming Misbruik Chemicaliën)- (chemical precursors – administrative law) Public Administration Probity Screening Act (Wet bevordering integriteitsbeoordelingendoor het openbaar bestuur or Wet Bibob) - (money laundering – administrativelaw) Health Insurance Act (Zorgverzekeringswet) (health law) Medicines Act (Geneesmiddelenwet) (health law) Collective Prevention Public Health Act (Wet collectieve preventie volksgezondheid)(health law) Community Support Act (Wet Maatschappelijke Ondersteuning - WMO) (health law) Plan of approach for social relief (Plan van aanpak maatschappelijke opvang) (policyletter) Combating organised crime (Bestrijding Georganiseerde Misdaad) (policy letter)New legislative initiatives with consequences for substance abusersA new bill regulating forensic care for detainees (Forensic Care Act) is being prepared.The purpose of this bill is to prevent that sentenced people with a psychiatric disorder, asubstance use disorder or mental retardation end up in a correctional institution, but insteadare offered forensic care (T.K. 32398-3). Although this bill has not yet the force oflaw, the National Agency of Correctional Institutions is already purchasing forensic careat 88 institutions e.g. at mental health care or addiction care or forensic care institutions.In total there are 1,020 forensic care places. Another new bill which is being prepared tosubstitute the existing Psychiatric Hospitals Compulsory Admissions Act and is tuned withthe Forensic Care Act, is the Compulsory Mental Health Care Act. A multidisciplinarycommission will decide whether a person with a psychiatric or substance abuse disorderruns the risk to cause damage to oneself or to another and ‘needs’ compulsory customizedcare. This Act will set the new rules for compulsory care for non-detainees (T.K.32399-3).For more information about the content and impact of these laws and regulations: seeour previous National Reports. See also § 9.6The Opium ActDutch legislation is consistent with the provisions of all the international agreementswhich the Netherlands has signed, i.e. the UN Conventions of 1961, 1971 and 1988, andother bilateral and multilateral agreements on drugs. The Dutch Opium Act (1928), orNarcotics Act, is a partly criminal law. It was fundamentally changed in 1976, when adistinction was made between drugs presenting unacceptable risks (Schedule I) anddrugs like cannabis (Schedule II), which were seen as less dangerous. Since then, theOpium Act has been amended on various occasions but its basic structure has beenmaintained.18
Page 1 and 2: Margriet van Laar, Guus Cruts, Andr
Page 3 and 4: ColophonThis National Report was su
Page 6: PREFACEThe Report on the Drug Situa
Page 9 and 10: 9.6 New developments 14110 Drug mar
Page 11 and 12: these groups are relatively scarce.
Page 13 and 14: oasted by means of programs to prev
Page 16: Part A: New developments and trends
Page 21 and 22: Medicinal cannabisOn 6 October 2009
Page 23 and 24: The Public Administration Probity S
Page 25 and 26: local circumstances into account. T
Page 27 and 28: The police district of West and Cen
Page 29 and 30: treatment for drug addiction. "Labe
Page 32 and 33: 2 Drug use in the population2.1 Dru
Page 34 and 35: Table 2.1.3Annual prevalence and nu
Page 36 and 37: Cannabis and age (of onset)Figure 2
Page 38 and 39: ment of regular cannabis use (4 or
Page 40 and 41: Table 2.3.1Prevalence (%) of substa
Page 42 and 43: the ecstasy (see also § 10.3), som
Page 44 and 45: Table 2.3.2Prevalence of substance
Page 46 and 47: 3 PreventionIntroductionIn the Neth
Page 48 and 49: CVGU). this Centre will support loc
Page 50 and 51: friends list in Windows live Messen
Page 52: entiate for group characteristics l
Page 55 and 56: in the number of problem opiate use
Page 57 and 58: emaining 131 problem hard drug user
Page 59 and 60: The largest difference in the propo
Page 61 and 62: Logistic regression analysis showed
Page 64 and 65: 5 Drug-related treatment: treatment
Page 66 and 67: National performance indicatorsAn i
Page 68 and 69:
From May 2010 FACT will be offered
Page 70 and 71:
using cannabis, it is developed by
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clients received treatment in Amste
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Figure 5.3.1: Distribution of new c
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Figure 5.3.3: Gender distribution b
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Table 5.3.1: Clinical admissions to
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In 2009, 692 new HIV diagnoses were
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Other risk behaviour included tatto
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Of the 168 new AIDS diagnoses in 20
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The Municipal Health Service (GGD)
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addiction care centre (hepatitis B
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o Chronic carriership was found in
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(4%), and hallucinogenic mushrooms
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Table 6.2.2: Information requests r
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6.3 Drug-related deaths and mortali
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Figure 6.3.2: Trends in age distrib
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Figure 7.2.1 Number of syringes exc
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The expert group also discussed the
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Iriszorg is further experimenting w
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In line with the national policy th
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"The proportions of non-Western eth
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drugs. However, there is a narrow b
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Table 8.2.1: Programs for social re
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Evaluation researchFor the city of
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and 2009 has found that hostels rol
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against money laundering and other
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Table 9.1.1: Investigations into mo
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amounts, which are considered as me
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Opium Act offenders in prisons (fig
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cases is increasing. The proportion
Page 131 and 132:
property crimes is decreasing, wher
Page 133 and 134:
country. They offer a combination o
Page 135 and 136:
mated 250 to 1,150 detainees in the
Page 137 and 138:
Table 9.3.3: Types of assistance of
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Figure 9.3.1: Number of persons per
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It is important that detainees are
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The coming Law on Compulsory Mental
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Over half (53%) of the coffee shops
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Research on organised crime shows t
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Table 10.2.1: Number of dismantleme
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Table 10.3.2: Content of tablets so
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caine samples solely contained anot
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nabidiol (CBD) - in contributing to
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156
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11 History, methods and implementat
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diction care was published in 1997
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example, there may be a climate in
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tion transfer between physicians an
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methadone treatment, and guidelines
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11.3.1 Implementation of guidelines
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Institute for Quality in Health Car
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For most guidelines, the rate of im
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The question has remained how to im
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Name of Assessors: André van Gagel
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WHO guidelines coherence: only to b
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Figure 12.1.1:Number of deaths amon
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were about 341 deaths among the pro
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Part C: Bibliography and annexes185
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13 Bibliography13.1 ReferencesAarts
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Burns, T., Fioritti, A., Holloway,
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De Jong I, Dijkstra M, Van der Poel
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Ganpat, S., Wits, E., Schoenmakers,
Page 196 and 197:
Ivens, Y. and Wittenberg, S. (2008)
Page 198 and 199:
Malmberg, M., Overbeek, G., Monshou
Page 200 and 201:
RIEC (2009). Bestuurlijke aanpak va
Page 202 and 203:
Smolders, M., Laurant, M., Van Duin
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T.K.24077-255. Tweede Kamer der Sta
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T.K.32159-5. Tweede Kamer der State
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Van den Berg C, et al. (2007). Majo
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Van Veldhuizen, J.R. (2007). FACT:
Page 212 and 213:
13.2 Alphabetic list of relevant da
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LMR, Landelijke Medische Registrati
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13.3 List of relevant internet addr
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http://www.tactus.nl/http://www.ggz
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Table 9.1.1: Investigations into mo
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14.3 List of abbreviations used in
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PPCRIOBRIScRIVMROMSCPSHMSOVSRMSTISV
Page 227 and 228:
226
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