Drug Law Guide

Dutch drug law is governed by the Opiumwet (Opium Act), first enacted in 1928 and significantly revised in 1976. The law divides controlled substances into two lists:

• List I (hard drugs): Substances considered to pose an "unacceptable risk" to health — including heroin, cocaine, MDMA, LSD, and amphetamines. Penalties are significantly higher for List I substances.
• List II (soft drugs): Substances deemed less dangerous — including cannabis (marijuana and hashish) and dried magic mushrooms (since 2008). Lower penalties apply, and the tolerance policy (gedoogbeleid) can apply to List II substances.

Crucially, many psychoactive substances are not on either list. Products like psilocybin truffles, kratom, salvia divinorum, kanna, and kava are not scheduled under the Opium Act and are therefore fully legal. This is why Dutch smartshops can openly sell these products.

The gedoogbeleid (tolerance policy) is a uniquely Dutch legal concept where technically illegal activities are not prosecuted under specific conditions. The most famous application is cannabis: while illegal under the Opium Act, licensed coffeeshops are permitted to sell small quantities under strict rules (the AHOJG criteria). This policy separates soft drug markets from hard drugs and has been in place since 1976.

The Netherlands also leads the world in harm reduction. The Trimbos Institute operates free, anonymous drug checking services (DIMS) in most major cities, testing substances for purity and dangerous adulterants. This pragmatic approach prioritizes public health over punishment.