Tolerance Policy for Coffeeshops in Amsterdam

Tolerance Policy for Coffeeshops in Amsterdam

In Amsterdam, a strict tolerance policy for coffeeshops applies, under which the Municipality of Amsterdam and the Public Prosecution Service (PPS) tolerate the sale of small quantities of soft drugs to adults, despite the prohibition in the Opium Act. This policy minimizes nuisance in the vibrant city and keeps drug trafficking under control.

What does the tolerance policy in Amsterdam entail?

Under Amsterdam's tolerance policy, police and the PPS enforce the Opium Act but do not close coffeeshops that comply with local rules. Since the 1970s, this policy has removed soft drugs such as weed and hashish from the criminal circuit and limited disturbances in residential areas. Sales are tolerated, but production and wholesale remain illegal and are actively addressed by the police.

The Municipality of Amsterdam determines the number of coffeeshops and issues operating permits through the Coffeeshop Enforcement and Control Policy (HCC). This aligns with national standards but is tailored to the city. It is a tolerance decision under administrative law, under which prosecution is waived. For more information on tolerance policies, consult the Juridisch Loket Amsterdam.

Legal basis in Amsterdam

The policy is based on the Opium Act (1928, recently amended), with Article 3 distinguishing soft drugs (List II, cannabis) from hard drugs (List I). Sales and production are punishable (Articles 10-11), but the AHO-56 guideline from the Board of Prosecutors-General provides an exception for compliance.

The Municipality of Amsterdam supplements this with HCC rules and APV conditions. In 2010, the European Court ruled that this policy does not violate EU law. For disputes, contact the District Court of Amsterdam.

Conditions for coffeeshops in Amsterdam

Coffeeshops in Amsterdam must meet the AHO-56 criteria and HCC requirements:

• No nuisance: No noise, litter, or public order disturbances in the neighborhood.
• Age 18+: Strict ID checks, no sales to minors.
• Maximum 5 grams: Per customer, no on-site consumption.
• Soft drugs only: No hard drugs or List I substances.
• No advertising: No promotion targeting foreigners or signage.
• Transparent stock: Visible to inspectors.

Amsterdam applies a quota of approximately 1 coffeeshop per 4,500 residents and prohibits establishments in sensitive areas such as the City Center or Oost.

Practice in Amsterdam

Amsterdam has around 166 tolerated coffeeshops under HCC supervision. Example: in 2022, the Municipality of Amsterdam revoked the tolerance decision for a shop in De Pijp due to tourist nuisance and illegal sales, resulting in closure.

The Amsterdam-Amstelland police conduct regular checks. Violations lead to revocation under Article 174 of the Municipalities Act. Operators can object at the District Court of Amsterdam.

Rights and obligations of operators in Amsterdam

Obligations:

1. Strictly comply with AHO-56 and HCC.
2. Document ID checks and report incidents.
3. Inform the Municipality of Amsterdam of changes.

Rights:

• Protection against unlawful closure (ECHR Protocol 1).
• Objection and appeal at the District Court of Amsterdam (GALA Article 7:1).
• No prosecution if properly compliant.

Violations lead to revocation or administrative fine (GALA Article 5:25). Contact Juridisch Loket Amsterdam for advice.

Comparison in the Amsterdam context

Frequently asked questions about Amsterdam