Is Cannabis / THC legal in Netherlands?

Also known as: weed, marijuana

Confirmed against a primary sourceVerified October 2, 2026

Legal status: Controlled as a soft drug. Cannabis is named in lijst II of the Opiumwet and not in lijst I, and the row prints «hennep | elk deel van de plant van het geslacht Cannabis (hennep), waaraan de hars niet is onttrokken, met uitzondering van de zaden», «hasjiesj | een gebruikelijk vast mengsel van de afgescheiden hars verkregen van planten van het geslacht Cannabis (hennep), met plantaardige elementen van deze planten», «hennepolie | concentraat van planten van het geslacht Cannabis (hennep) verkregen door extractie van hennep of hasjiesj, al dan niet vermengd met olie». That places it under article 3 and article 11 rather than article 2 and article 10, which is a materially lower tier.
Consequences if caught: Three entries are in play and they are not on the same list. Hennep and hasjiesj are lijst II. Hennepolie, the extract, is lijst I, so an extract crosses from the soft list to the hard list. Article 11, sixth limb, disapplies the two year case to a quantity of hennep or hasjiesj of at most 30 gram, and article 11, seventh limb, expressly withholds the own-use exception from hennep and hasjiesj. Article 12 of the Opiumwetbesluit exempts hemp grown for fibre or seed, and only in the open ground and open air. Use is not itself made an offence by the Opiumwet, which is why the Dutch position is often misread: article 2 and article 3 reach import, export, cultivation, preparation, sale, supply, transport, manufacture and presence, and presence is what a traveller carrying the substance has. Article 1, second limb, equates the salts of a substance with the substance itself. Article 11 carries the penalties for lijst II. Acting intentionally against article 3 under B, C or D carries imprisonment of up to 2 years, and up to 6 years where the person acts in the exercise of a profession or business. Intentionally bringing it into or out of the territory, article 3 under A, carries up to 4 years. Where the offence concerns a large quantity the two year and the four year cases both rise to 6 years. Article 1 of the Opiumwetbesluit fixes that large quantity at 500 gram hennep, 200 hennepplanten or 500 units of another lijst II substance. The fine is the fifth category, printed at 67.000 euro with an editorial note recording 110.000 euro from 1 January 2026. They describe the offences that this row's placement brings into play. Article 11, seventh limb, disapplies the two year and four year cases to a small quantity intended for own use of a lijst II substance, with hennep and hasjiesj expressly withheld from that relief. The Aanwijzing Opiumwet treats 5 gram or less as the quantity for own use and 5 plants or fewer as raising no presumption of professional cultivation. The AHOJGI criteria a gedoogde coffeeshop must meet are no advertising, no hard drugs, no nuisance, no sale to or access for anyone under 18, no large quantity, meaning at most 5 g per transaction, and residents only, with a trading stock that may not exceed 500 gram.
If prescribed or medical: Bijlage 1 to the Opiumwetbesluit admits the lijst II substances as a class, with hasjiesj excepted, so article 2 of that decree leaves a lawful prescription route open where an authorised medicinal product exists. Carry it in its original packaging with the prescription. For Schengen travel the route is the article 75 certificate issued via the CAK, valid 30 days and covering up to 4 Schengen countries, with a legalised medical certificate valid 1 year beyond Schengen.
Documentation: For Schengen travel, carry a Schengen certificate issued via the CAK (valid 30 days, covering up to 4 Schengen countries); for non-Schengen travel, carry an English-language medical certificate (legalised, valid 1 year). Keep medicines in original packaging in your hand luggage.

Primary sources

Opiumwet, artt. 1, 2, 2a, 3, 3a, 3aa, 10, 10b, 10c and 11, and lijsten I, Ia and II
wetten.overheid.nl
geldend van 17-09-2026, read 22 September 2026
Opiumwetbesluit
wetten.overheid.nl
geldend van 01-01-2023
Aanwijzing Opiumwet, prosecution policy of the Openbaar Ministerie
wetten.overheid.nl
geldend van 01-03-2015
Wetboek van Strafrecht art. 23, fine categories
wetten.overheid.nl
figures carried forward from the live cell and tagged in its text as unverified here

What sentences have courts imposed for Cannabis / THC in Netherlands?

Prosecutions recorded in Netherlands, each checked against the official document cited below it. Individuals are never named, and these are examples of what has happened, not a prediction of what will. How we verify a court case.

Across 9 verified cases, sentences ranged from 90 days to 12 months. 4 cases state no single comparable term. In 4 of these 9 the court ordered no immediate custody: community service, or a term of imprisonment suspended in full. The range above is drawn from the 5 that state a term in days, months or years.

A Rotterdam court found that between 18 and 23 April 2026 the accused sold user quantities of cocaine and heroin from his flat, and that on 23 April he also held 39.38 grams of cannabis and 3,572.44 grams of cannabis tops and waste, together with a 7.65 mm pistol and seven rounds. He admitted selling the hard drugs for about a week before his arrest, and the court found the whole charged period proved. Weighing a mild intellectual disability and a probation report calling for supervision, the court imposed 8 months with 5 suspended on a three year operational period, and declared 630 euro forfeit.
2026sale of cocaine and heroin from home; 3.6 kg cannabis and a pistol held
Citation Charge or suit number 10/122039-26
convicted of selling cocaine and heroin and of possessing cannabis and a firearm; 8 months' imprisonment, 5 months suspended
Substances recorded cocaine, heroin, cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
A separately numbered co-accused case was heard at the same time without joinder. For the repeated joint import of a large quantity of cannabis, the court chose the maximum-length task order and a six-month custodial term that was entirely suspended.
2023medeplegen; repeated import of a large quantity
Citation Charge or suit number 02-002640-24
convicted of jointly importing a large quantity of cannabis; 240 hours community service plus six months fully suspended imprisonment
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
The reciprocal judgment identifies this accused by a different parketnummer from the co-accused. The court found repeated joint import and onward dealing in a large cannabis quantity and imposed 12 months, with three months held back conditionally.
2023medeplegen; repeated import and trade of a large quantity
Citation Charge or suit number 02-002642-24
convicted of jointly importing and trading a large quantity of cannabis; 12 months' imprisonment, three months suspended
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
A Rotterdam court found that in 2021 the accused prepared and held MDMA and carried out preparatory acts for cannabis cultivation, and separately held an electroshock weapon. The drug counts and the weapon count were proved together. The sentence was 120 hours of community service, reduced to 114 hours after credit for time spent in pre-trial detention.
2021MDMA offences, cannabis cultivation preparation, and a weapon count
Citation Charge or suit number 10-328631-21
convicted of MDMA possession, cannabis cultivation preparation and a weapon offence; 120 hours community service, 114 hours remaining after credit
Substances recorded mdma, cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
This co-accused's combined header string is distinct from both reciprocal co-accused strings. The court treated the 2019 possession and dealing conduct together with a later cannabis transport count, but only the 2019 conduct carried the joint-participation finding.
2019medeplegen; possession and commercial dealing; later individual transport
Citation Charge or suit number 03.267458.19 + 03.309129.24 (ttz.gev.)
convicted of cannabis possession, commercial dealing and transport; 120 days' imprisonment, 110 days suspended
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
The judgment itself corrects the metadata risk by showing the current parketnummer string in its header and separately listing the two co-accused case-number strings. Two 2019 cannabis counts were proved; the later 2020 allegation was acquitted.
2019medeplegen; possession and commercial dealing
Citation Charge or suit number 03.270985.19 + 03.212857.23 (ttz.gev.)
convicted of joint cannabis possession and commercial dealing; 100 days' imprisonment, 90 days suspended
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
The third reciprocal Limburg judgment produces a different sentencing shape: the 2019 joint cannabis counts received a 40-hour task order that was wholly conditional. A later cannabis offense was separately declared guilty with no punishment.
2019medeplegen; possession and commercial dealing; fully suspended task order
Citation Charge or suit number 03.267463.19 + 03.309104.24 (ttz.gev.)
convicted of joint cannabis possession and commercial dealing; 40 hours community service, fully suspended
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
The court preserved the lesser participation form rather than treating the accused as a principal. The operative conviction was complicity in joint large-scale cannabis cultivation, punished with 80 hours of community service.
2018medeplichtigheid aan medeplegen; large-scale cannabis cultivation
Citation Charge or suit number 03/161349-23
convicted of complicity in joint large-scale cannabis cultivation; 80 hours community service
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)
A Zeeland-West-Brabant court found that between 2015 and 2017 the accused took part in a criminal organisation and jointly cultivated cannabis at two sites. The case was resolved under a negotiated process agreement, and the prosecution asked for the sentence set out in that agreement. The court imposed 90 days' imprisonment with 73 days suspended on a two-year operational period, together with 80 hours of community service.
2015criminal-organisation participation and joint cultivation at two sites
Citation Charge or suit number 02-810656-17
convicted of criminal-organisation participation and joint cannabis cultivation; 90 days' imprisonment, 73 days suspended, plus 80 hours community service
Substances recorded cannabis
Source Rechtspraak.nl (Raad voor de rechtspraak)

Cannabis / THC in related jurisdictions

Other substances confirmed in Netherlands

Same substance, other countries

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Netherlands’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.

Before you travel

Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.

If you’re detained or arrested abroad

Contact your own country’s embassy or consulate in the destination immediately, not the destination’s authorities. U.S. citizens: contact the nearest U.S. embassy/consulate and the U.S. State Department at +1-202-501-4444 (from abroad). If a U.S. citizen is arrested or detained abroad →

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