Tolerance Policy for Coffeeshops in Delft

Tolerance Policy for Coffeeshops in Delft

The tolerance policy for coffeeshops in Delft follows the national Dutch model, under which the Municipality of Delft and the Public Prosecution Service (PPS) tolerate coffeeshops for the sale of limited quantities of soft drugs to adults. Despite the prohibition under the Opium Act, this policy aims to reduce nuisance and channel the soft drugs trade into controlled frameworks, specifically tailored to the Delft context.

What does the tolerance policy for coffeeshops in Delft entail?

In Delft, the tolerance policy is enforced by the police and PPS, who refrain from prosecuting coffeeshops as long as they comply with local conditions set by the Municipality of Delft. Originating in the 1970s, this policy brings the trade in soft drugs such as cannabis and hashish out of the illegal sphere and limits disruption to residents. Coffeeshops are permitted to sell, but production and wholesale remain punishable offenses. The Municipality of Delft determines the number of coffeeshops and issues operating permits via the General Municipal Bye-law (APV). This falls under tolerance decisions in administrative law, with non-prosecution at its core. More about tolerance policy.

Legal basis in Delft

The policy is based on the Opium Act (1928, last amended), which classifies drugs into List I (hard drugs) and List II (soft drugs). Sale and production are punishable (arts. 10-11). The PPS guideline AHO-56 from the Board of Procurators General sets out non-prosecution conditions. The Municipality of Delft supplements this with its own coffeeshop policy in the APV or tolerance decisions. Disputes are handled by the District Court of The Hague for Delft cases. European law, such as the CJEU judgment 'Cannabis coffeeshops' (2010), supports this approach.

Conditions for coffeeshops in Delft

Coffeeshops in Delft must comply with the AHO-56 criteria:

• No nuisance: No noise, litter, or public order disturbances in Delft neighborhoods.
• No sales to minors: Strict checks for those aged 18+.
• Max. 5 grams per person: Per transaction, no on-site consumption.
• No hard drugs: Only List II soft drugs.
• No advertising: No promotion targeting foreigners.
• Visible stock: Accessible for inspection.

The Municipality of Delft imposes additional requirements, such as a limit of approximately 1 coffeeshop per 5,000 residents and prohibitions in sensitive areas such as around TU Delft.

Practice in Delft

Delft has around 5 tolerated coffeeshops, regulated by the Municipality of Delft's local enforcement policy. For example, in 2021, the municipality issued a tolerance decision for a city-center coffeeshop due to nuisance and sales to tourists. Unlike zero-tolerance approaches in surrounding villages, Delft enforces actively. In cases of violations, the municipality applies administrative coercion (art. 174 Municipalities Act). For legal advice: contact the Delft Legal Aid Desk.

Rights and obligations of operators in Delft

Obligations:

1. Compliance with AHO-56 and Delft APV.
2. Maintaining records of checks.
3. Reporting changes to the Municipality of Delft.

Rights:

• Property protection (ECHR Protocol 1).
• Objection and appeal to the District Court of The Hague (GALA art. 7:1).
• No prosecution if compliant.

In case of breach, the Municipality of Delft may revoke the decision or impose an administrative fine (GALA art. 5:25).

Comparison of coffeeshop tolerance policies

Frequently asked questions for Delft