Tolerance Policy for Coffeeshops in Rijswijk
The tolerance policy for coffeeshops in Rijswijk follows the national Dutch model, under which the Municipality of Rijswijk and the Public Prosecution Service (PPS) tolerate coffeeshops for the sale of limited quantities of soft drugs to adults, despite the prohibition in the Opium Act. This helps reduce nuisance in neighborhoods such as Innenstad or Sion and keeps drug trafficking under control.
What does the tolerance policy for coffeeshops in Rijswijk entail?
In Rijswijk, the PPS and police enforce the Opium Act but do not prosecute coffeeshops that comply with local rules. This policy, which began in the 1970s, removes soft drugs such as weed and hashish from the criminal circuit and limits disruption for residents. Sales are permitted, but cultivation and wholesale remain illegal and are addressed by the police.
The Municipality of Rijswijk determines the number of coffeeshops and issues operating permits through the General Local Ordinance (APV). It follows national standards but is tailored locally. This falls under tolerance decisions in administrative law, under which criminal prosecution is waived. For more information on tolerance policy, consult Het Juridisch Loket Rijswijk or this article.
Legal basis in Rijswijk
The Opium Act (1928, last amended) forms the core: Article 3 divides drugs into List I (hard drugs) and List II (soft drugs such as cannabis). Sales and production are punishable (Articles 10-11). The tolerance policy is a PPS guideline: AHO-56 from the Board of Procurators General, with conditions for non-prosecution.
The Municipality of Rijswijk supplements this with its own coffeeshop rules in the APV or tolerance decisions. European law, such as the 2010 Court of Justice ruling on coffeeshops, supports this policy.
Conditions for coffeeshops in Rijswijk
Coffeeshops in Rijswijk must meet the AHO-56 criteria:
- No nuisance: No noise, litter, or public order disturbances in the area.
- No sales to minors: Only to those 18+ with strict ID checks.
- Maximum 5 grams per customer: Per transaction, no on-premises consumption.
- No hard drugs: Only List II soft drugs.
- No advertising: No promotion targeting foreigners.
- Transparent stock: Visible for police inspections.
The Municipality of Rijswijk imposes additional limits, such as a maximum per capita or bans in sensitive areas.
Practice in Rijswijk and surrounding areas
In Rijswijk, the municipality tolerates a limited number of coffeeshops under strict supervision through local enforcement policy. For example, a business was recently closed following reports of nuisance and sales to young people, with the tolerance decision revoked by the municipality.
By comparison, neighboring municipalities range from zero tolerance to experiments with closed supply chains. In Rijswijk, closure can follow under Article 174 of the Municipalities Act, with coercive fines.
Rights and obligations of operators in Rijswijk
Obligations:
- Compliance with AHO-56 and the Municipality of Rijswijk's APV.
- Maintaining records of ID checks.
- Reporting changes to the municipality.
Rights:
- Protection against unlawful expropriation (ECHR Protocol 1).
- Objection and appeal to the District Court Rijswijk (Awb Article 7:1 et seq.).
- No prosecution if compliant.
In case of violation, the municipality revokes the tolerance decision or imposes coercive fines (Awb Article 5:25). Seek advice from Het Juridisch Loket Rijswijk.
Comparison of coffeeshop tolerance policy with others in Rijswijk
| Aspect | Coffeeshops Rijswijk | Other tolerance policy (e.g., maintenance) |
|---|---|---|
| Legal basis | AHO-56 + Opium Act/APV | Awb local |
| Purpose | Curb drug nuisance | Focus enforcement |
| Duration | Ongoing with compliance | Temporary |
| Enforcement | Police/PPS/Municipality Rijswijk | Municipality |
Frequently asked questions about Rijswijk
Can I start a coffeeshop in Rijswijk without permission?
No, without an APV permit or tolerance decision from the Municipality of Rijswijk, closure and Opium Act penalties follow. The number is limited.
What if there is nuisance around my coffeeshop in Rijswijk?
The Municipality of Rijswijk may revoke it; you get a hearing and appeal to the District Court Rijswijk (Awb). Use cameras and rules to prevent issues.
Does coffeeshop policy differ in Rijswijk?
Yes, per municipality. In Rijswijk it is limited; check the APV on rijswijk.nl or contact Het Juridisch Loket Rijswijk.
What about who
In Rijswijk, the same rules apply: strict compliance to remain tolerated. Consult local authorities for specific advice.