Legality
Is it legal in the Netherlands? Drug law and penalties
Dutch drug law turns on one question: which list is the substance on. This page states what each of the three lists means, quotes the article that sets each penalty, and links every substance to its own sourced entry. Legal information, not legal advice.
Three lists, not two
The Opiumwet carries lijst I, the hard drugs, and lijst II, the soft drugs, and the list decides the article and the penalty. It now also carries lijst Ia, the substance group list, which is in force in the version read for this page.
Article 1 defines a stofgroep as a group of substances derived from the same structure. Lijst Ia contains four groups: substances derived from 2-phenethylamine, cannabimimetics and synthetic cannabinoids, substances derived from 4-aminopiperidine, and benzimidazole opioids, the nitazenes. The phenethylamine group is drawn widely enough that the list has to exclude aspartame and penconazole by name.
Four groups is fewer than Germany's nine, and the two the Dutch list does not have are the tryptamine group and the arylcyclohexylamine group. So a tryptamine or a ketamine analogue that the German act reaches as a group member may be on none of the Dutch lists.
The group list reaches possession, and that is not true everywhere
The prohibition for a lijst Ia substance forbids bringing it into or out of the territory of the Netherlands, preparing, processing, selling, delivering, supplying or transporting it, having it present, and manufacturing it. Having it present is limb C and it is possession.
That is worth stating plainly because the other two European new psychoactive substances regimes this site has read do not do it. The German act forbids possession and then does not punish it. The Irish act creates no possession offence at all. The Dutch list puts possession inside the prohibition alongside supply.
What each list costs
Article 10 sets the lijst I penalties. Having the substance present, which is the article 2 under C prohibition, carries imprisonment of up to six years or a fifth category fine. Preparing, processing, selling, delivering, supplying, transporting or manufacturing, under article 2 under B or D, carries up to eight years. Bringing the substance into or out of the territory, under article 2 under A, carries up to twelve years.
Article 10(6) is the provision most often missed. Where the act concerns a small quantity intended for the person's own use, the penalty for the possession, supply and import cases drops to imprisonment of up to one year or a third category fine.
Article 11 sets the lijst II penalties and they are much lower. Article 3 under B, C or D carries up to two years or a fifth category fine, rising to six years where the person acts in the exercise of a profession or business. Article 3 under A, import or export, carries up to four years. A large quantity raises the two year and four year cases to six years, and what counts as a large quantity is fixed by order in council.
The version of the act read for this page is the one in force from 9 July 2026. The official site warns separately that amendments exist which have no commencement date, so a change may be enacted and not yet in force.
What each provision carries
| Provision | Conduct | Penalty |
|---|---|---|
| Opiumwet art. 10(3), art. 2 under C | Having a lijst I substance present | Up to 6 years or a fifth category fine |
| Opiumwet art. 10(4), art. 2 under B or D | Preparing, selling, supplying, transporting or manufacturing a lijst I substance | Up to 8 years or a fifth category fine |
| Opiumwet art. 10(5), art. 2 under A | Bringing a lijst I substance into or out of the territory | Up to 12 years or a fifth category fine |
| Opiumwet art. 10(6) | A small quantity of a lijst I substance intended for own use | Up to 1 year or a third category fine |
| Opiumwet art. 11(2), art. 3 under B, C or D | Preparing, selling, supplying or having present a lijst II substance | Up to 2 years or a fifth category fine |
| Opiumwet art. 11(3) | The same in the exercise of a profession or business | Up to 6 years or a fifth category fine |
| Opiumwet art. 11(4), art. 3 under A | Bringing a lijst II substance into or out of the territory | Up to 4 years or a fifth category fine |
Every substance confirmed against a primary source
75 substances have a status for Netherlands verified against a named statute. Each row links to the full entry, with the consequences, the prescription position and the source.
| Substance | Status |
|---|---|
| 1P-LSD | 1P-LSD is unscheduled in the Netherlands and sits in a legal gray zone: LSD is a List I hard drug under the Opium Act, but 1P-LSD is neither individually listed nor within the... |
| 25I-NBOMe | 25I-NBOMe is controlled in the Netherlands, subjected to EU-wide control by Council Implementing Decision 2014/688/EU (25 September 2014) and listed in Schedule I of the 1971... |
| 2C-B | Controlled as a hard drug. 2C-B is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher than the... |
| 2C-E | Controlled through the substance group list. 2C-E is not named individually in lijst I or lijst II, and it falls within group 1 of lijst Ia, substances derived from... |
| 2C-I | 2C-I is a List I 'hard drug' under the Opium Act (Opiumwet); the Netherlands was obliged to control 4-iodo-2,5-dimethoxyphenethylamine after it was named for EU-wide control by... |
| 2C-T-7 | Controlled, 2C-T-7 is named in List I (hard drugs) of the Opium Act (Opiumwet) as '2,5-dimethoxy-4-(n)-propylthiofenethylamine'; the Netherlands was the first country worldwide... |
| 3-MMC | 3-MMC (3-methylmethcathinone) is individually scheduled by name, openly sold as a legal designer drug until it was added to Opiumwet Lijst II on 28 Oct 2021, then rescheduled... |
| 6-APB | 6-APB is controlled in the Netherlands, caught by the designer-drug group ban in force 1 Jul 2025, under which the Opiumwet List IA prohibits the entire 2-phenethylamine group... |
| 7-Hydroxymitragynine (7-OH) | Neither 7-hydroxymitragynine nor kratom is scheduled in the Netherlands: 7-OH, a kratom alkaloid, is not on either Opium Act list, so it shares the plant's un-controlled... |
| Adderall | Adderall (mixed amphetamine salts) has no separate legal identity. It is regulated as amphetamine: list I ('hard drug') of the Opium Act (Opiumwet), art. 2. |
| Alcohol | Legal. Alcohol (ethanol) is a licensed, age-regulated commodity, not a controlled drug; the Drank- en Horecawet/Alcoholwet sets a uniform minimum age of 18 (since 2014). |
| Amanita muscaria | Fly agaric (Amanita muscaria) is a controlled soft drug under Lijst II (List II) of the Opiumwet (Opium Act): since 1 December 2008 List II category B expressly names 'amanita... |
| Amphetamine | List I ('hard drug') of the Opium Act (Opiumwet), art. 2. |
| Ayahuasca | In the Netherlands the ayahuasca brew is treated as a List I 'hard drug' under the Opium Act (Opiumwet) because it contains DMT, a List I substance; and unlike the earlier... |
| Barbiturates | Barbiturates are List II psychotropics under the Opium Act (Opiumwet), the lower control tier transposing the 1971 Convention, and are also regulated as medicines under the... |
| Benzodiazepines | List II substance under the Opium Act (sedatives), prescription medicine |
| Buprenorphine | Buprenorphine is an Opium Act (Opiumwet) List I substance but in lighter practical handling than methadone; it is also regulated as a medicine under the Geneesmiddelenwet. |
| Caffeine | Caffeine is legal everywhere as an ordinary food and beverage ingredient; the notable status in the Netherlands is the EU-wide mandatory high-caffeine warning label. Under... |
| Cannabis / THC | List II 'soft drug' under the Opium Act, illegal but tolerated (gedoogbeleid) |
| Cathinone | Controlled, cathinone (khat's natural principal alkaloid) is a 1971 Convention SCHEDULE I psychotropic and is on List I (hard drugs) of the Opium Act (Opiumwet). Mechanism... |
| CBD | CBD (cannabidiol) is sold as a consumer product but sits under the Opium Act (Opiumwet): CBD extracted from cannabis is lawful only where THC is at a negligible trace level... |
| Clonazepam | Clonazepam is a List II psychotropic under the Opium Act (Opiumwet), and is also regulated as a medicine under the Geneesmiddelenwet. |
| Cocaine | List I 'hard drug' under the Opium Act (Opiumwet), prohibited (tolerated ≠ legal) |
| Codeine | Low-dose codeine can be sold over the counter (pharmacy/drogist), though such sales are declining; higher-dose codeine is prescription-only (UR). Codeine is an Opium Act... |
| Crack Cocaine | Crack is the freebase (base) form of cocaine and has no separate legal identity in the Netherlands: it is controlled AS cocaine, a List I 'hard drug' under the Opium Act... |
| Delta-8-THC | Controlled, delta-8-THC (Δ8-THC) falls within the 'tetrahydrocannabinol' entry on Opiumwet Lijst I as an isomer of THC. In practice semi-synthetic hemp-derived delta-8 sits in... |
| Diazepam | Diazepam is a List II psychotropic under the Opium Act (Opiumwet), and is also regulated as a medicine under the Geneesmiddelenwet. |
| DMT | Controlled as a hard drug. DMT is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher than the... |
| DOM | DOM (STP) is a List I 'hard drug' under the Opium Act (Opiumwet), the Dutch transposition of DOM's individual Schedule I listing under the 1971 UN Convention (tolerated policy... |
| DXM | Over-the-counter but pharmacy-only medicine (UA, Uitsluitend Apotheek) under the Geneesmiddelenwet, not listed on the Opium Act (not scheduled). The CBG reclassified... |
| Ephedrine | Regulated as a chemical PRECURSOR (1988 UN Convention Table I, a methamphetamine precursor), NOT as a scheduled narcotic; pure ephedrine is a Category 1 scheduled substance... |
| Etizolam | Etizolam is a controlled psychotropic in Opium Act List II since 2021; unlike the classic benzodiazepines it has no Dutch marketing authorisation. |
| Fentanyl | Controlled as a hard drug. Fentanyl is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher than... |
| GBL | GBL (gamma-butyrolactone) is not listed in the Opiumwet (Opium Act). It is a lawful industrial chemical, not a controlled drug. Control operates indirectly through Opiumwet... |
| GHB | List I ('hard drug') of the Opium Act (Opiumwet), listed as 'GHB, 4-hydroxyboterzuur'. Art. 2 prohibits bringing it into or out of the Netherlands, cultivating, preparing... |
| Heroin | List I 'hard drug' under the Opium Act (Opiumwet), prohibited (tolerated ≠ legal) |
| HHC | HHC (hexahydrocannabinol) is not scheduled under the Dutch Opium Act. It remains legally available in the Netherlands, which has taken a wait-and-monitor stance rather than... |
| Hydrocodone | Hydrocodone is an Opiumwet Lijst I ('hard drug') narcotic; it is not marketed in the Netherlands but sits in the same Lijst I strong-opioid tier as morfine and oxycodon, left... |
| Ketamine | Prescription-only medicine (UR-geneesmiddel) under the Geneesmiddelenwet. Not scheduled as a narcotic; ketamine does not appear on List I or List II of the Opium Act (Opiumwet). |
| Khat | Banned. PLANT NAMED: fresh Catha edulis (khat) was added to List II of the Opium Act (Opiumwet), ban in force January 2013; the alkaloids cathinone (List I) and cathine (List... |
| Kratom | Kratom (Mitragyna speciosa) is not controlled in the Netherlands. It is not scheduled on either list of the Opium Act (Opiumwet), and neither mitragynine nor... |
| Lorazepam | Lorazepam is a List II psychotropic under the Opium Act (Opiumwet), and is also regulated as a medicine under the Geneesmiddelenwet. |
| LSD | List I 'hard drug' under the Opium Act (Opiumwet), prohibited (tolerated ≠ legal) |
| MDA | Controlled, MDA is a List I hard drug named under the Opium Act (Opiumwet). NAMED mechanism. |
| MDMA | List I 'hard drug' under the Opium Act (Opiumwet), prohibited (tolerated ≠ legal) |
| MDPV | Controlled. MDPV was added to the Opiumwet lists following EU Council Implementing Decision (EU) 2015/1875 (transposed 2016), and it is a 1971 Convention Schedule II psychotropic. |
| Mephedrone (4-MMC) | Controlled, NAMED. Mephedrone is placed on the Opiumwet List II implementing EU Council Decision 2010/759/EU (2010-2011); earlier (Mar 2010) it was controlled only under... |
| Mescaline | Controlled as a hard drug. Mescaline is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher... |
| Methadone | Methadone is an Opiumwet List I ('hard drug') narcotic, and is also a prescription medicine under the Geneesmiddelenwet. |
| Methamphetamine | List I ('hard drug') of the Opium Act (Opiumwet), listed as 'metamfetamine'. Art. 2 prohibits bringing it into or out of the Netherlands, cultivating, preparing, processing... |
| Methaqualone (Quaaludes) | Controlled as a hard drug. Methaqualone is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher... |
| Methylone | Controlled only since 1 Jul 2025. Methylone is caught by the blanket 2-phenethylamine/cathinone group ban added to Opiumwet Lijst IA (Art. 3aa); the reform text expressly names... |
| Methylphenidate | List I ('hard drug') of the Opium Act (Opiumwet), art. 2. |
| Mitragynine | Neither mitragynine nor kratom is scheduled in the Netherlands: mitragynine, the principal alkaloid of kratom, is not listed on either Opium Act (Opiumwet) list, so as a kratom... |
| Modafinil | Prescription-only medicine (UR) under the Geneesmiddelenwet. Not listed on the Opium Act (not scheduled). |
| Morphine | Morphine is an Opium Act (Opiumwet) List I ('hard drug') narcotic dispensed on a narcotics prescription. |
| MXE | MXE (methoxetamine) is controlled throughout the EU, and thus in the Netherlands, under Council Implementing Decision (EU) 2015/1875 (8 October 2015), which required member... |
| Nicotine | Not a controlled drug. Nicotine is not named in lijst I, lijst Ia or lijst II of the Opiumwet. It is regulated as a consumer product under Dutch and European tobacco law, which... |
| Nimetazepam | Controlled as a soft drug. Nimetazepam is named in lijst II of the Opiumwet, not lijst I. That places it on the same footing as cannabis for penalty purposes and well below the... |
| Nitrous Oxide | Controlled with a PURPOSE exemption. Nitrous oxide was added to List II of the Opium Act (Opiumwet), in force 1 January 2023, prohibiting its production, trade, supply... |
| Opium | Controlled as a hard drug. Opium is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher than... |
| Oxycodone | Oxycodone (oxycodon) is an Opium Act (Opiumwet) List I 'hard drug' and a narcotic-prescription medicine, a marketed strong opioid. |
| PCP | Controlled as a hard drug. PCP is named in lijst I of the Opiumwet. Lijst I is the hard drug list and it carries the article 10 penalties, which are materially higher than the... |
| Peyote | Mescaline is a List I ('hard drug') substance under the Opium Act (Opiumwet); the peyote (Lophophora) cactus is not itself listed, so the living cactus is not a scheduled... |
| Pink Cocaine / Tusi | Pink cocaine (tusi) is not scheduled as such; it is a variable mixture (typically ketamine + MDMA) prosecuted through its constituents. The Netherlands lists MDMA as a List I... |
| Poppers | Poppers (alkyl nitrites) are not a controlled drug. They are not listed on List I ('hard drugs') or List II ('soft drugs') of the Opium Act (Opiumwet), and the group-based... |
| Pregabalin | Pregabalin is a prescription-only medicine (uitsluitend recept, UR) under the Geneesmiddelenwet and is not listed on List I or II of the Opium Act (Opiumwet). Like gabapentin... |
| Psilocybin | Mushroom = List I hard drug (prohibited); truffles (sclerotia) sold legally in smart shops (18+) |
| Quetiapine | Quetiapine is a prescription-only medicine (uitsluitend recept, UR), not a controlled drug: Seroquel/Seroquel XR and associated names are nationally authorised medicines... |
| Scopolamine (Devil's Breath) | Scopolamine (hyoscine) is an authorised medicine, not an Opiumwet controlled substance: butylscopolaminebromide (Buscopan) tablets and suppositories are registered by the... |
| Synthetic Cannabinoids (K2 / Spice) | Controlled as a class. A generic new-psychoactive-substances group ban added to the Opium Act (Opiumwet), in force 1 July 2025, places the entire synthetic-cannabinoid group on... |
| Tobacco | Not a controlled drug. Tobacco is not named in lijst I, lijst Ia or lijst II of the Opiumwet. It is regulated as a consumer product under Dutch and European tobacco law, which... |
| Tramadol | Tramadol is a prescription-only medicine (uitsluitend recept, UR) under the Geneesmiddelenwet and is deliberately not listed on List I or II of the Opium Act (Opiumwet). |
| Xanax (Alprazolam) | Alprazolam is a List II psychotropic under the Opium Act (Opiumwet), and is also regulated as a medicine under the Geneesmiddelenwet. |
| Zolpidem | Zolpidem is a prescription-only medicine (UR-geneesmiddel) and a controlled hypnotic transposing the 1971 Convention Schedule IV listing of zolpidem; it is dispensed only... |
Not separately listed
13 substances are not separately named in the sources we could reach for Netherlands
For these the governing national drug law is cited, but we have not verified that the substance specifically is scheduled under it. Treat them as unanswered, not as legal. Confirm with Netherlands’s drug authority or your embassy.
| Substance | What we found |
|---|---|
| 2-FDCK | Not confirmed. 2-FDCK is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| 4-AcO-DMT | Not confirmed. 4-AcO-DMT is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| 4-HO-MET | Not confirmed. 4-HO-MET is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| 5-MeO-DMT (Bufo / Toad) | Not confirmed. 5-MeO-DMT is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Amyl Nitrite | Not confirmed. Amyl nitrite is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the... |
| Cannabinol | Not confirmed. Cannabinol is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Gabapentin | Not confirmed. Gabapentin is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| LSA (Morning Glory) | Not confirmed. LSA is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Memantine | Not confirmed. Memantine is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Phenibut | Not confirmed. Phenibut is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Salvia divinorum | Not confirmed. Salvia divinorum is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the... |
| THC-P | Not confirmed. THC-P is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
| Xylazine | Not confirmed. Xylazine is not named in lijst I or lijst II of the Opiumwet and is not reached by any of the four... |
Sources
- Opiumwet, artt. 2, 2a, 3, 10 and 11, and lijsten I, Ia and II Version in force from 9 July 2026, consulted 16 September 2026.
Statute text on this page is quoted from the copies linked above. Last verified September 18, 2026.