Dutch Minister Grappershaus about drug use in the evening during partial corona lockdown

by druginc

Dutch Minister Grappershaus about drug use in the evening during partial corona lockdown

Enforcers can act against drug use in the evening and at night when using it on the street. The possession of soft drugs is already prohibited, and so is their use, Minister Ferd Grapperhaus (Justice and Security) reports in a letter to the Lower House on Monday. On Wednesday, lawyers and the ministry itself argued that a ban was contrary to the tolerance policy.

However, the tolerance policy only applies to the sale of soft drugs. Anyone who smokes weed or hash on the street can therefore be liable or fined by the police. No new legislation or regulations are required for this, says Grapperhaus.

A ban between 20.00 pm and 07.00 am was one of the proposed measures to prevent the spread of the coronavirus to counteract. Prime Minister Mark Rutte and Minister Hugo de Jonge (Public Health) announced the measure last week, along with a ban on alcohol consumption under the same conditions.

According to Grapperhaus, the use of alcohol or (soft) drugs can lead to people not complying with the corona rules properly. That is why the government considers it important that action can be taken against this.

Grapperhaus later talks to the presidents of the security regions in the Netherlands. The intention is to enforce corona measures more strictly on the agenda. That was already announced last week at the press conference by Dutch Prime Minister Rutte. The approach to soft drug use in outdoor areas is also discussed.

A majority of the Dutch House of Representatives reacted irritated when the ban on soft drugs use seemed to be lifted and supported a motion by SGP leader Kees van der Staaij to make the ban possible.

'Grapperhaus is wrong' around drug use

Contrary to what Minister Ferd Grapperhaus says, it is not possible through current legislation and regulations to take action against the use of soft drugs in outdoor areas. Grapperhaus informed the House of Representatives yesterday that the possession of soft drugs is actually prohibited in the Netherlands, and therefore also their use.

Legally, however, this does not hold up, says professor of law and society Jan Brouwer of the University of Groningen:

“You would think that if you use soft drugs, you also have those resources available, as referred to in the Opium Act. And moreover, that you can also punish use, ”says Brouwer. Because how can you use without having any present? But the funny thing is that the Supreme Court has just made a statement about this that leads to a different conclusion: use is not covered by having present.

According to Brouwer, the minister is wrong. "Using is not punishable under the current Opium Act."

Sources include Alkaleejtoday (EN), Nu.nl (NL), DvhN (NL)

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