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Netherlands National Report 2012 REPORT TO THE EMCDDA by the Reitox National Focal Point THE NETHERLANDS DRUG SITUATION 2012 Colophon This National Report was supported by grants from the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the Ministry of Health, Welfare and Sport (VWS), and the Ministry of Security and Justice. This report was written by Margriet van Laar 1 Guus Cruts 1 Marianne van Ooyen-Houben 2 Daniëlle Meije 1 Esther Croes 1 Ronald Meijer 2 Toine Ketelaars 1 1Trimbos Institute (Netherlands Institute of Mental Health and Addiction). 2Research and Documentation Centre (WODC), Ministry of Security and Justice. Lay-out Gerda Hellwich Cover Design Ladenius Communicatie BV, Houten ISBN: 978-90-5253-740-5 This publication can be ordered online and downloaded at www.trimbos.nl/webwinkel, stating article number AF1215 . Or go to www.wodc.nl. Click on "publicaties" and then "publicaties per jaar". Go to 2012. The publications are located there in chronological order. Trimbos-instituut Da Costakade 45 Postbus 725 3500 AS Utrecht T: + 31 (0)30-297.11.00 F: + 31 (0)30-297.11.11 © 2013, Trimbos-instituut, Utrecht. All rights reserved. No part of this publication may be copied or publicised in any form or in any way, without prior written permission from the Trimbos Institute. Members of the Scientific Committee of the Netherlands National Drug Monitor (NDM) Mr. prof. dr. H.G. van de Bunt, Erasmus University Rotterdam Mr. prof. dr. H.F.L. Garretsen, Tilburg University (chair) Mr. dr. P.G.J. Greeven, Novadic-Kentron Mr. drs. A.W.M. van der Heijden, Public Prosecution Service (OM) Mr. prof. dr. R.A. Knibbe, Maastricht University Mr. dr. M.W.J. Koeter, Amsterdam Institute for Addiction Research (AIAR) Mr. drs. W.G.T. Kuijpers, Foundation for the Provision of Care Information (IVZ) Mr. prof. dr. D.J. Korf, Bonger Institute of Criminology, University of Amsterdam Mrs. prof. dr. H. van de Mheen, Addiction Research Institute Rotterdam (IVO) Mr. dr. C.G. Schoemaker, National Institute for Public Health and the Environment (RIVM) Observers Mrs. mr. drs. M. van der Klaauw, Ministry of Security and Justice Mrs. drs. W.M. de Zwart, Ministry of Health, Welfare and Sport Preface The Report on the Drug Situation in the Netherlands 2012 has been written for the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). Each year, national centres of expertise on drug-related issues in the member states of the European Union (‘Focal Points’) draw up a report on their respective national drugs situation, according to guidelines provided by the EMCDDA. These reports form the basis of the “Annual Report on the State of the Drug Problem in the European Union” compiled by the EMCDDA. In keeping with the guidelines, the report focuses on new developments in the reporting year. In order to avoid too much overlap, the reader is repeatedly referred to previous National Reports. This 2012 national report was written by the staff of the Bureau of the Netherlands National Drug Monitor (NDM) at the Trimbos Institute and staff of the Research and Documentation Centre (WODC) of the Ministry of Security and Justice. The NDM was established in 1999 on the initiative of the Ministry of Health, Welfare and Sport. The Ministry of Security and Justice also participates in the NDM. The NDM carries out the functions of the Netherlands Focal Point. The NDM relies on the contribution of a multitude of experts and input from registration systems and monitors in the Netherlands. In particular, the authors would like to thank the members of the Scientific Committee of the NDM and other expert reviewers for their valuable comments on the draft version of the report. Table of contents Preface 1 Executive summary 3 Part A: New developments and trends 11 1 Drug policy: legislation, strategies and economic analysis 13 1.1 Legal framework 13 1.2 National action plan, strategy, evaluation and coordination 22 1.3 Economic analysis 29 2 Drug use in the general population and specific targeted groups 33 2.1 Introduction 33 2.2 Drug use in the general population 33 2.3 Drug use in the school and youth population 34 2.4 Drug use among targeted groups 37 3 Prevention 41 3.1 Introduction 41 3.2 Environmental prevention 43 3.3 Universal prevention 48 3.4 Selective and indicated prevention in at risk groups and settings 52 3.5 National and local media campaigns 57 4 Problem drug use 59 4.1 Prevalence and incidence estimates of PDU 59 4.2 Data on PDUs from non-treatment sources 59 5 Drug-related treatment: treatment demand and treatment availability 61 5.1 Introduction 61 5.2 General description, availability and quality assurance 61 5.3 Access to treatment 70 6 Health correlates and consequences 77 6.1 Introduction 77 6.2 Drug-related infectious diseases 77 6.3 Other drug-related health correlates and consequences 89 6.4 Drug-related deaths and mortality of drug users 97 7 Responses to health correlates and consequences 101 7.1 Introduction 101 7.2 Prevention of emergencies and deaths 101 7.3 Prevention and treatment of drug-related infectious diseases 102 7.4 Responses to other health correlates among drug users 105 8 Social correlates and social reintegration 107 8.1 Introduction 107 8.2 Social exclusion and drug use 108 8.3 Social reintegration 109 9 Drug related crime, its prevention, and prison 117 9.1 Drug related crime 117 9.2 Prevention of drug related crime 130 9.3 Interventions in the criminal justice system 133 9.4 Drug use and problem drug use in prison 138 9.5 Responses to drug related health issues in prison 138 9.6 Reintegration of drug users after release from prison 139 10 Drug markets 141 10.1 Availability and supply 141 10.2 Seizures 149 10.3 Purity and price 153 Part B: Selected issues 163 11 Residential treatment for drug users in Europe 165 11.1 History and policy frameworks 165 11.2 Availability and characteristics 171 11.3 Quality management 186 12 Drug policies of Amsterdam, Rotterdam and The Hague 191 12.1 Functions and responsibilities of Amsterdam, Rotterdam and The Hague in drug policy issues 191 12.2 Case study: the City of Amsterdam 200 Part C: Bibliography and annexes 209 13 Bibliography 211 13.1 References 211 13.2 Alphabetic list of relevant data bases 223 13.3 List of relevant internet addresses 228 14 Annexes 231 14.1 List of tables and graphs used in the text 231 14.2 List of abbreviations used in the text 234 14.3 List of full references of laws in original language (with link) 237 Map of the Netherlands: provinces and major cities 239 Executive summary Developments in drug law and policies (chapter 1 and 9) This National Report reviews the developments in the drug policy of the Netherlands up to the letter of the 19 th of November 2012 of the Minister of Security and Justice (TK 24077- 293) informing the House of Representatives on the policy consequences of the measures announced in the Coalition Agreement for the Rutte II Administration, that was presented on the 29 th of October 2012. The Dutch Opium Act places drugs with an unacceptable risk on Schedule I and places other drugs on Schedule II. The Opium Act and the Opium Act Directive have been subject to changes: • Since May 2012 mephedrone is placed on schedule I of the Opium Act. • GHB was categorised as a hard drug (schedule I) under the Opium Act (Stb 2012 – 201). GHB was categorised as a schedule II drug before. • 4-MA, a precursor of amphetamine, was brought under the Opium Act as a hard drug (schedule I) because of the high health risks (see also chapter 10). • Qat will be placed on schedule II of the Opium Act; legislation is in preparation. • A new article to the Opium Act is in preparation (article 11a), which aims at criminalisation of activities that prepare or facilitate the large-scale professional illegal cultivation of cannabis. The article aims especially at so-called grow shops. • In 2011, an advisory committee advised to classify cannabis with a THC concentration of 15% or more as a hard drug. Implementation is announced in the plans of the new Cabinet (Rutte II) of November 2012 and in a letter of the minister of Security and Justice (T.K. 24077-293). • No generic legislation will be initiated for new psychoactive substances. • In reaction to a verdict of the Council of State, which stated that the use of cannabis implies the possession of cannabis and as such is an offence according to the Opium Act, the Opium Act Directive is changed: instead of decreeing that a police dismissal should follow if a cannabis user is caught with less than 5 grams of cannabis, it says now that in principle a police dismissal will follow in these cases. This opens the way to arrest and prosecute persons who possess less than 5 grams of cannabis (for instance: drug dealers who could not be prosecuted before because they carried only a small amount of cannabis). • Since June 2011 the Directive states that when the police detect cannabis cultivation sites, the most important criterion to prosecute will be the degree of professionalism and not the number of plants. Before, if people were caught with five or fewer plants, the Directive ordered that the case should be dismissed. • The Opium Act Directive was extended with two new criteria for coffee shops: the closed- club criterion and the criterion that club members must be inhabitants of the Netherlands.
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