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Diever is a village in the municipality of Westerveld in the province of Drenthe. Drug crime in Diever is governed by Dutch national law, mainly the Opium Act known in Dutch as the Opiumwet, and enforced locally by the police, the Public Prosecution Service, and the mayor. The Netherlands uses a system that distinguishes between hard drugs and soft drugs, with strict criminal enforcement against production, trafficking, and dealing. Limited possession of small amounts of cannabis is tolerated under strict conditions, but it is still illegal. Local authorities may also use administrative measures to protect public order, such as closing premises where drugs are traded.
If you are investigated or charged in or around Diever, your case will typically be handled by the Police Drenthe and the Public Prosecution Service for the Northern Netherlands. Court hearings usually take place at the District Court of the Northern Netherlands, often at the Assen location for Drenthe matters. Because Dutch drug law combines criminal rules with local public order policies, early legal advice is important.
You may need a lawyer in any of the following situations:
- You are stopped by police and found with drugs on you or in your vehicle. Even small amounts can have legal consequences, especially for hard drugs.- Your home, shed, or business is searched due to suspicion of cultivation or storage of drugs or grow equipment. Professional setups can lead to serious charges and asset seizure.- You are suspected of dealing, transporting, importing, or exporting drugs. These allegations carry significant prison risks.- You face administrative action by the mayor under article 13b of the Opium Act, sometimes called the Damocles policy, which can result in the closure of a house or business if drugs are found there for trade purposes.- You receive a penalty order known as a strafbeschikking or a proposed settlement known as a transactie from the prosecutor. Accepting or paying can count as an admission of guilt, so legal advice is essential before you decide.- You are accused of drug driving. Since 2017, the Netherlands applies legal limits for certain drugs in traffic. Violations can lead to fines, driving bans, and criminal records.- You are a parent or guardian of a minor involved in a drug incident at school, at an event, or in public. Different procedural safeguards apply to minors.- You are concerned about money laundering or proceeds of crime claims linked to alleged drug activity. Authorities can seize assets and later seek confiscation.
- National framework: The Opium Act prohibits possession, production, sale, transport, and import or export of drugs. The Act distinguishes between Schedule I hard drugs such as cocaine, heroin, and MDMA, and Schedule II soft drugs such as cannabis. Penalties depend on the type of drug, quantity, role, and circumstances.
- Cannabis tolerance policy: Possession of up to 5 grams of cannabis is generally tolerated for adults, although still illegal. Police may confiscate and you can face a fine, especially if you exceed the user amount. Home cultivation of a few plants is not legal. In practice, up to 5 plants may be seized without immediate prosecution, but this is not a right and can change based on context. Professional cultivation setups with lamps, ventilation, and cutting rooms are treated as a serious offense and often come with electricity theft or fire safety charges.
- Coffee shops: Only licensed coffee shops can sell cannabis and must follow strict rules such as no hard drugs, no minors, no advertising, no large stocks, and limits on sale per customer. Many small municipalities in Drenthe, including Westerveld, do not have licensed coffee shops. Buying elsewhere and carrying cannabis back through Diever remains subject to the same possession rules and police checks.
- Administrative closures: Under article 13b of the Opium Act, the mayor may close homes, holiday rentals, sheds, or business premises if drugs are found there intended for trade. Closure can be for months and can affect tenants and owners. You have the right to be heard and to challenge closure decisions, but strict deadlines apply.
- Traffic and drugs: The Road Traffic Act allows police to conduct saliva screening and require a blood test for drugs. Exceeding legal limits or combining drugs with alcohol can lead to criminal prosecution, fines, license suspension, and in serious cases imprisonment.
- Procedure and rights: If arrested or invited for questioning, you have the right to remain silent and the right to consult a lawyer. You can ask for an interpreter if needed. Pretrial detention requires a court order and may be suspended with conditions. Evidence can include phone data, surveillance, witness statements, and forensic reports on drug purity and quantity.
- Asset seizure and confiscation: Police can seize cash, vehicles, and equipment suspected to be linked to drug offenses. After a conviction, the prosecution can seek confiscation of illegal profits. You can challenge seizures and confiscation claims with the help of a lawyer.
Hard drugs such as cocaine, heroin, and MDMA are on Schedule I and are treated as high risk. Soft drugs such as cannabis are on Schedule II. Both are illegal to possess, produce, or trade, but penalties for soft drugs are generally lower. Tolerance policies apply only in limited ways to small amounts of cannabis and to licensed coffee shops.
Possession is illegal nationwide, including Diever. However, possession of up to 5 grams of cannabis by an adult is typically tolerated. Police can still confiscate it and may issue a fine. Possessing more than 5 grams can lead to prosecution.
Home cultivation is illegal. In practice, up to 5 plants may be seized without immediate prosecution, but this is not guaranteed. If there are signs of professional growing such as lamps, irrigation, or cutting rooms, you risk criminal charges, asset seizure, and additional allegations such as electricity theft.
Many small municipalities in Drenthe have no licensed coffee shops. Availability can change, but it is common that residents of Diever must travel to other towns for a licensed coffee shop. Remember that possession and transport remain illegal, subject to the tolerance threshold for small amounts.
Possession of hard drugs is criminal. Very small amounts may lead to a fine, but larger amounts can trigger charges for possession with intent to supply or trafficking. Outcomes range from fines and community service to imprisonment, depending on quantity, role, prior record, and other factors.
The mayor can order an administrative closure of your home or business if drugs are present for trade, even if you are not convicted. You will receive a notice and can respond, but deadlines are short. A lawyer can help you challenge the decision and request suspension or reduction of the closure period.
Exercise your right to remain silent until you have consulted a lawyer. Ask to speak to a lawyer before answering questions. You can have a lawyer assist you during questioning, especially for serious allegations or if you are a minor. Be calm and respectful, and do not consent to searches beyond what the law allows.
A strafbeschikking is a penalty order issued by the prosecutor without a court hearing. Paying or accepting it counts as an admission of guilt and results in a criminal record entry for certain offenses. You have a limited time window to object. Always consult a lawyer before deciding.
Police may conduct a roadside saliva test if they suspect drug use. A confirmatory blood test determines whether legal limits are exceeded. Penalties can include fines, driving disqualification, and in serious cases imprisonment, especially if there is an accident or combined use with alcohol.
Yes. Police can seize cash, vehicles, phones, and equipment suspected to be connected to drug crime. After conviction, the prosecution can seek confiscation of illegal profits. You can challenge seizures and confiscation in court with the help of a lawyer.
- Police Drenthe non-emergency number: 0900-8844. Emergency: 112.
- Public Prosecution Service Northern Netherlands, information desk of the Public Prosecution Service.
- District Court of the Northern Netherlands, Assen location, court information service: 088-361-6161.
- Juridisch Loket free legal information: 0800-8020.
- Legal Aid Board Raad voor Rechtsbijstand for subsidized legal aid information: 088-787-1000.
- Municipality of Westerveld general number: 14-0521 for information on local nuisance and closure policies.
- Verslavingszorg Noord Nederland addiction services: 088-234-3434.
- Trimbos Institute drug information and prevention: 030-297-1100.
- Reclassering Nederland probation services: 088-804-1300.
- Halt for minors in conflict with the law: 0900-2009.
- Do not delay. If you are contacted by police or receive paperwork from the prosecutor, speak to a criminal defense lawyer who handles drug cases in the Northern Netherlands. Early advice can prevent mistakes and protect your rights.
- Use your rights. You have the right to remain silent and to consult a lawyer before answering questions. Request an interpreter if you are not comfortable in Dutch.
- Preserve evidence. Keep documents, messages, receipts, phone records, and names of witnesses that may support your account. Do not destroy or tamper with anything.
- Be careful with statements. Do not discuss your case on social media or with anyone other than your lawyer. Be cautious with phone calls from detention as they may be monitored.
- Consider legal aid. If your income is modest, you may qualify for subsidized legal assistance through the Legal Aid Board. Your lawyer can check eligibility and explain any personal contribution.
- Review administrative notices. If you receive a closure notice from the municipality or a penalty order from the prosecutor, strict objection or appeal deadlines apply. Contact a lawyer immediately to avoid missing them.
- Plan for court. If summoned, your lawyer will explain the charges, potential outcomes, and strategy. Possible resolutions include dismissal, settlement, penalty order, or court verdict. Sentences can include fines, community service, suspended or unsuspended prison terms, driving bans, and confiscation of assets.
- Seek support. If addiction plays a role, contact local addiction services. Voluntary treatment can be taken into account in criminal proceedings and may help reduce risks.
