Dutch Legislation

Opium Act

in force

Drugs: Schedules I and II, prohibitions

Criminal law · Opiumwet · BWBR0001941 · Articles: 44

1 Article 1

For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

2 Article 2

It is prohibited to possess, produce, process, sell, supply, provide, transport, import or export a substance as referred to in List I appended to…

2a Article 2a

It is prohibited to [use/possess/trade] a substance that forms part of a group of substances as referred to in list IA belonging to this Act, or a…

3 Article 3

It is prohibited to possess, produce, process, sell, offer for sale, distribute, advertise, transport, import or export a substance as referred to in…

3a Article 3a

Substances shall be added to List I or List II belonging to this Act by Order in Council if they are brought under the scope of the Single Convention…

3aa Article 3aa

By Order in Council, a group of substances may be added to list IA belonging to this Act if two or more substances that form part of that group of…

3b Article 3b

Any disclosure which is manifestly aimed at promoting the sale, delivery or provision of a substance as referred to in Articles 2, 2a, paragraph 1…

3c Article 3c

By Order in Council, substances and applications may be designated for which a prohibition described in Articles 2, 2a, paragraph 1, or 3 does not…

4 Article 4

It is prohibited to prescribe a substance as referred to in List I or II by prescription, unless the substance has been designated for that purpose…

5 Article 5

Regulations shall be established by Order in Council regarding the delivery of substances designated pursuant to Article 4. Without prejudice to this…

6 Article 6

Our Minister may, with due observance of Article 8i, paragraph 1, grant an exemption from a prohibition as referred to in Articles 2, 2a, paragraph…

6a Article 6a

Our Minister may grant authorisation to an administrative authority to issue, upon application, a written statement declaring that the applicant is…

7 Article 7

A fee may be levied for the processing of an application for an exemption or for an amendment, supplement or extension thereof. No fee is due for the…

7a Article 7a repealed
8 Article 8

An exemption from a prohibition as referred to in Articles 2 or 3 may only be granted or extended if the applicant has demonstrated to the…

8a Article 8a

Conditions may be attached to an exemption to ensure compliance with the provisions of the Single Convention and the Convention on Psychotropic…

8b Article 8b

An exemption or an extension thereof shall be refused if the applicant has been placed under curatele (legal guardianship) or if their assets have…

8c Article 8c

An exemption or an extension thereof may be refused in the case and under the conditions referred to in Article 3 of the Public Administration…

8d Article 8d

An exemption shall be revoked:

8e Article 8e

An exemption may be revoked:

8f Article 8f

The person whose exemption is revoked shall dispose of the means to which the exemption relates during the period between the notification of the…

8g Article 8g

An exemption shall lapse:

8h Article 8h

Our Minister shall ensure that:

8i Article 8i

Our Minister shall not grant more exemptions from the prohibition on the cultivation of hemp than is necessary for the purposes referred to in…

8j Article 8j

The officials of the Health and Youth Care Inspectorate are charged with the supervision of compliance with the provisions laid down by or pursuant…

8k Article 8k

Without prejudice to Article 141 and Article 142, paragraph 1, preamble and under (a) and (b), of the Code of Criminal Procedure, the officials…

9 Article 9

The investigative officers, as referred to in Article 8k, shall have access, insofar as this is reasonably necessary for the performance of their…

9a Article 9a

In the event of suspicion of a criminal offence for which a fine of the fourth category may be imposed, objects may be seized which may serve to…

9b Article 9b

Our Minister is authorised to impose an administrative fine of at most € 33,500 for conduct that is in violation of the provisions laid down by or…

10 Article 10

He who acts in violation of:

10a Article 10a

He who, in order to prepare or facilitate an act as referred to in the fourth or fifth paragraph of Article 10:

10b Article 10b

Any person who acts in violation of a prohibition set forth in Article 2a, paragraph 1, shall be punished by detention for a term not exceeding three…

10c Article 10c

He who, in order to prepare or facilitate the intentional importing into or exporting from the territory of the Netherlands, preparing, processing…

11 Article 11

Any person who acts in violation of a prohibition set forth in Article 3 shall be punished by detention for a term not exceeding one month or a fine…

11a Article 11a

Any person who prepares, processes, transforms, offers for sale, sells, delivers, provides, transports, manufactures or has in their possession…

11b Article 11b

Participation in an organization that has the commission of an offence as referred to in Article 10, paragraphs three, four and five, 10a, paragraph…

12 Article 12

If the value of the goods with which or in relation to which the facts, punishable under Articles 10, first to fifth paragraphs, 10a first paragraph…

13 Article 13

The offences punishable under Article 10, paragraph 1, Article 10b, paragraph 1, and Article 11, paragraph 1, are petty offences (overtredingen).

13a Article 13a

Without prejudice to the provisions of Articles 33 up to and including 34 and 36b up to and including 36d of the Criminal Code and Article 6:1:12 of…

13b Article 13b

The mayor is authorised to impose an order subject to administrative enforcement if, in a dwelling or premises or on the land appertaining thereto:

13c Article 13c repealed
13d Article 13d

Upon the claim of the Public Prosecution Service, the court may determine that a person who has been convicted of an offence punishable under…

14 Article 14

This Act may be cited by the title "Opium Act".

15 Article 15

This Act shall enter into force with effect from a date to be determined by Us.