Tolerance Policy for Coffeeshops in Leiden
The tolerance policy for coffeeshops in Leiden is a typically Dutch phenomenon in which the Municipality of Leiden and the Public Prosecutor's Office (PPO) tolerate coffeeshops for the sale of limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. This helps reduce nuisance in the city and channel drug trafficking.
What does the tolerance policy for coffeeshops in Leiden entail?
In Leiden, the tolerance policy means that police and the PPO address violations but do not prosecute coffeeshops if they comply with local rules. This policy, which began in the 1970s, removes the trade in soft drugs such as weed and hashish from criminal circuits and limits nuisance for residents. Sales are permitted, but cultivation and wholesale remain illegal and are strictly enforced.
The Municipality of Leiden determines the number of coffeeshops and issues operating permits via the local bylaws (APV). It follows national standards but tailors them locally. This falls under tolerance decisions in administrative law, under which criminal prosecution is waived. For more information on tolerance policy, see relevant articles or consult tolerance policy and tolerance decisions. In Leiden, you can get free advice from the Leiden Legal Aid Desk.
Legal basis
The policy is based on the Opium Act (1928, recently amended), which divides drugs into List I (hard drugs) and List II (soft drugs such as cannabis). Trafficking and production are punishable (Articles 10-11). The tolerance policy is a PPO guideline: AHO-56, issued by the Board of Procurators General.
The Municipality of Leiden supplements this with its own coffeeshop policy, often in a tolerance decision or APV permit. European law, such as the Court of Justice ruling on coffeeshops (2010), approves this provided it does not hinder trade. Disputes are handled by the District Court of Leiden.
Conditions for coffeeshops in Leiden
Coffeeshops in Leiden must meet the AHO-56 criteria:
- No nuisance: No noise, litter, or public order disturbances in the city center or neighborhoods.
- No sales to minors: Strict checks for those aged 18+.
- Max. 5 grams per person: Per transaction, no on-site consumption.
- Soft drugs only: No hard drugs.
- No advertising: Nothing visible from outside.
- Transparent stock: Visible to inspectors.
The Municipality of Leiden imposes additional rules, such as a limit of approximately 1 coffeeshop per 5,000 residents and bans in sensitive areas around the university.
Practice in Leiden and surrounding areas
In Leiden, the Municipality tolerates around 12 coffeeshops under the 'Coffeeshop Policy Leiden'. For example, in 2021, the municipality closed a shop in the Stevenshof neighborhood due to nuisance and sales to tourists, revoking its tolerance decision.
In contrast to zero-tolerance in places like Urk, Rotterdam is testing cannabis cultivation experiments. In Leiden, a violation in 2020 led to closure via administrative enforcement (Article 174 Municipalities Act), upheld by the District Court of Leiden.
Rights and obligations of operators in Leiden
Obligations:
- Comply with AHO-56 and Municipality of Leiden rules.
- Maintain records (ID checks).
- Report changes to the municipality.
Rights:
- Protection against expropriation (ECHR Protocol No. 1).
- Objection and appeal to the District Court of Leiden (GALA Article 7:1 et seq.).
- No prosecution if compliant.
In case of non-compliance, the municipality may revoke the tolerance decision or impose coercive fines (GALA Article 5:25). The Leiden Legal Aid Desk assists with procedures.
Comparison of coffeeshop tolerance policy with other forms
| Aspect | Coffeeshops in Leiden | Other tolerance policy (e.g., maintenance) |
|---|---|---|
| Legal basis | AHO-56 + Opium Act + Leiden APV | General administrative law (GALA) |
| Purpose | Curb drug-related nuisance | Prioritize enforcement |
| Duration | Ongoing compliance | Temporary |
| Enforcement | Police/PPO/Municipality of Leiden | Municipality |
Frequently asked questions for Leiden
Can I start a coffeeshop in Leiden without a permit?
No, the Municipality of Leiden approves the number and issues permits. Without one, you risk closure and Opium Act penalties.
What if my Leiden coffeeshop causes nuisance?
The Municipality of Leiden may revoke it; a hearing and appeal follow (GALA). Use cameras and rules to prevent this.
Does policy differ in Leiden?
Yes, Leiden balances between Amsterdam (many shops) and Urk (none). Check www.leiden.nl for local policy.
What about cannabis cultivation in Leiden?
Prohibited; only sales are tolerated. Experiments are ongoing elsewhere, not locally.