This information is general guidance for 🇳🇱 Netherlands, not legal advice. Legislation changes; always check the official sources at the bottom. If arrested: say as little as possible and ask for a lawyer.
Situation in Netherlands
The Netherlands has a tolerance policy for soft drugs (Opium Act List II, e.g. cannabis) and a strict ban on hard drugs (List I). Possession of a "user quantity" of hard drugs for personal use is usually not prosecuted in practice — the drugs are confiscated, but a fine rarely follows. Above the user quantity, criminal prosecution follows via the Public Prosecution Service.
- Possession
Cannabis up to 5 g (List II) is tolerated. Possession of a user quantity of hard drugs (List I, e.g. 1 ecstasy pill or 0.5 g of cocaine) is formally banned but usually handled with confiscation only — no fine or police report. Above the user quantity, prosecution follows via the Public Prosecution Service (community service, fine or summons).
- Use
Use itself is not a criminal offence in the Netherlands, but at many festivals, in bars and on the street it can lead to a venue ban or a civil "fee" based on the venue owner's house rights.
- Dealing
Dealing, import, export and production are always criminal and almost always lead to prosecution.
User quantities per substance
The "user quantity" is what counts as personal use. Above it, you are prosecuted for dealing or intent to sell.
Statutory fines & penalties
Official sources: overheid.nl, OM.nl, local municipal by-laws and justice authorities across the EU/UK/US.
Private vs criminal law
Private law (Think Twice)
Acts on behalf of the festival organiser under house rights. On breach of house rules it can issue a venue ban and charge a civil fee (cost recovery).
- May do a surface search (if agreed on entry).
- May ask you to come to a separate room.
- May NOT strip-search or perform a cavity search.
- May not physically detain you without a citizen's arrest in flagrante.
Criminal law (police / PPS)
Acts under the Opium Act and the Criminal Code. Can lead to a criminal record — with consequences for background checks, visas and work.
- May search and detain on suspicion.
- May hold for questioning up to 9 hours (excluding night).
- Decides on summons or settlement.
Important: a civil "fee" is not a fine. Paying is neither an admission of guilt nor a penalty, but is presented by the organiser as a condition to avoid transfer to the police.
Civil fees (Think Twice rates NL)
Sample amounts used by Think Twice on behalf of festival organisers. Not a statutory fine — a civil claim.
One "unit" = one pill or one wrap of powder.
Your rights during a search or check
- You only have to show ID on criminal suspicion (art. 2 WUID) — for a civil check you may ask on what basis.
- When entering a festival you usually agree to a search via the house rules. Refusing means no entry, but not automatic arrest.
- Full body searches (strip / cavity) may only be performed by or under supervision of the police, not by security or Think Twice.
- You never have to sign a statement without reading it. Always ask for a copy.
- You have the right to remain silent once treated as a suspect (caution: "you are not obliged to answer").
- On arrest you may request a lawyer before questioning (Salduz right).
- You can always refuse to accompany civil parties to a separate room; they may then transfer you to the police.
What happens if you get caught?
By the police
On arrest: search and confiscation. For a user quantity of hard drugs there is usually no fine or prosecution in practice — the drugs are seized (personal-use tolerance policy). Above the user quantity, police draft a report and prosecution follows (community service, fine or summons). A conviction can affect your certificate of conduct (VOG), visas (e.g. US/Australia) and some professions.
By a civil organisation
At festivals, parties like Think Twice act on behalf of the organiser under private house rules. They can issue a venue ban and charge a civil "fee" (e.g. €150 for 1 – 4 units, €350 for 5 – 10, €600 for 11 – 30, above ~30 units transfer to police — amounts vary per organiser). This is neither a criminal record nor a statutory fine, but a civil claim for costs incurred. Paying often prevents transfer to the police for small amounts. You never have to pay or sign on the spot.
Step-by-step: you're asked to come for a check
- 1. Security approaches youCalmly ask on what basis, who they are and whether you are free to go. Ask whether this is a civil check (house rights) or the police.
- 2. Request to come alongYou may always go along to avoid escalation, but you are not criminally required to with a civil party. Refusing may lead to transfer to the police.
- 3. Form / statementBefore a civil party may search or impose a fee, they must inform you of: (a) the basis (house rules), (b) your right to refuse, (c) the consequences of refusing. Read the form before you sign.
- 4. Full body search?Only the police may perform a full body search (strip). If the civil party refuses to respect that, say so explicitly and ask for the police.
- 5. Accept the fee or not?Accept = venue ban + invoice, no criminal record. Refuse = risk of transfer to police → possible penalty order or summons. Above 30 units or suspicion of dealing: always police.
- 6. With the police: caution & lawyerRight to silence (art. 29 CCP). Always request a lawyer before questioning (Salduz). Sign nothing without consulting.