Tolerance Policy for Coffee Shops in Rotterdam

Tolerance Policy for Coffee Shops in Rotterdam

The tolerance policy for coffee shops in Rotterdam is a typically Dutch phenomenon whereby the Municipality of Rotterdam and the Public Prosecution Service (OM) tolerate coffee shops selling limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. This helps reduce nuisance in neighborhoods such as Rotterdam-South or the City Center and keeps drug trafficking in check.

What does the tolerance policy mean for coffee shops in Rotterdam?

In Rotterdam, the OM and police enforce the Opium Act but overlook coffee shops that strictly comply with local rules. Since the 1970s, this policy has taken cannabis out of the criminal circuit and minimized disruption for Rotterdam residents. Sales are permitted, but cultivation and wholesale remain illegal and are policed.

The Municipality of Rotterdam sets the number of coffee shops and issues operating permits via the APV. It follows national standards but adds Rotterdam-specific measures, such as stricter checks in busy areas. This falls under tolerance decisions in administrative law, where prosecution is waived. More on tolerance policy. Contact the Juridisch Loket Rotterdam for personal advice.

Legal basis in Rotterdam

The Opium Act (1928, recently amended) prohibits trade in List I (hard drugs) and List II (soft drugs such as cannabis) under Articles 10 and 11. The tolerance policy stems from the OM's AHO-56 guideline issued by the Board of Procurators General, setting conditions for non-prosecution. The Municipality of Rotterdam supplements this with its own coffee shop rules in the APV or tolerance decisions.

European case law, such as the 2010 Court of Justice ruling on coffee shops, supports this as long as it does not hinder EU trade.

Conditions for coffee shops in Rotterdam

Coffee shops in Rotterdam must meet AHO-56 requirements:

• No nuisance: No noise, litter, or public disorder in surrounding streets.
• No sales to minors: Strict ID checks for those 18+.
• Max 5 grams per customer: Per transaction, no on-site consumption.
• Soft drugs only: No hard drugs.
• No advertising: Nothing visible from outside.
• Visible stock: Behind the counter for police inspection.

The Municipality of Rotterdam imposes additional limits, such as a maximum of one coffee shop per 5,000 residents and bans in sensitive areas like Feijenoord.

Practice in Rotterdam

Rotterdam has around 30 tolerated coffee shops, regulated through local enforcement policy. Since 2023, the city has participated in the cannabis experiment with closed supply chains to test legal cultivation for safer distribution. For example, in 2022, the municipality closed a coffee shop in Delfshaven due to nuisance and sales to tourists, revoking its tolerance decision.

In cases of violations, the mayor intervenes via administrative coercion (Article 174 Municipalities Act), potentially leading to closure.

Rights and obligations for Rotterdam operators

Obligations:

1. Comply with AHO-56 and Rotterdam APV.
2. Maintain logbooks of ID checks.
3. Report changes to the Municipality of Rotterdam.

Rights:

• Protection against uncompensated expropriation (ECHR Protocol 1).
• Objection and appeal to the District Court of Rotterdam (GALA Article 7:1 et seq.).
• No OM prosecution if compliant.

Violations result in revocation of the tolerance decision or administrative fine (GALA Article 5:25).

Comparison of tolerance policies for coffee shops

Frequently asked questions for Rotterdam