Drugs

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drug possession lawyer

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For legal assistance in Enschede and Overijssel, particularly in cases involving drug possession and the Opium Act, the criminal lawyers at Derbedrosian Criminal Lawyers are your reliable partners. Our lawyers in Enschede have extensive experience in the field of criminal law, and they are well versed in the complex matter of hard drugs and soft drugs, as well as the legal provisions of the Opium Act. When facing a lawsuit in Enschede involving drug-related charges, it is crucial to hire a specialized criminal lawyer in Enschede. Our lawyers in Overijssel are here to represent your interests and provide you with expert legal advice and assistance. Do not hesitate to contact Derbedrosian Criminal Lawyers in Enschede if you need legal assistance with drug-related matters. We are at your service.

In today's world, the use and regulation of drugs represents an ongoing debate and evolving policy. Whether it is the legal aspects, health risks, or social impact.

What is meant by drugs?

Drugs refers to various substances with psychoactive properties, which may be legal or illegal. It can be classified into several categories:

  • Legal drugs: such as alcohol, nicotine and some prescription drugs.
  • Illegal drugs: such as heroin, cocaine, ecstasy and marijuana.
  • Prescription drugs: These are drugs that are legal but may be used only with a doctor's prescription.

Opium law and criminality

In the Netherlands, there is a law that states which types of drugs or other substances are prohibited to trade, produce and smuggle. This law is known as the Opium Act, which describes all the legal provisions related to narcotics.
This contains 2 lists to distinguish hard drugs and soft drugs.

  • List I of the Opium Act: the first describes hard drugs that can deliver serious health effects and addiction. Examples include cocaine, GHB, XTC and heroin.
  • List II of the Opium Act: the second list includes soft drugs, which, like hard drugs, can cause health problems and addiction, but with a much lighter effect. Well-known soft drugs are marijuana and hashish.

With the exception of coffee shops, selling, manufacturing and possessing drugs is prohibited; this is dealt with more harshly with hard drugs such as heroin and cocaine. Most drug possession cases typically involve hard drugs or ample amounts of soft drugs.

With selling soft drugs such as weed and hash, there is a special regulation from the Opium Act called the tolerance policy. In this, it is not officially legal to sell soft drugs, but in practice it is allowed by the authorities.

However, when large-scale illegal drug trafficking and production is involved, it is actively pursued and criminal prosecution follows

Difference between hard drugs and soft drugs

Categorizing hard and soft drugs is based on several factors, including their chemical effects, legal status, health risks and penalties:

  • Chemical effects

Hard drugs are more potent substances than soft drugs with potential for physical and psychological harm, such as heroin and cocaine. this can also apply to soft drugs, only with a much milder effect.

  • Legal status

Hard drugs: Predominantly illegal in most countries, including the Netherlands, with severe penalties for possession, sale and production.

Soft drugs: The legal status for soft drugs varies a lot from country to country. Some countries, like here in the Netherlands, have a tolerance policy for certain forms of soft drugs like weed. This is well established in the Opium Act. 

  • Health risks

Hard drugs: Serious health risks, including addiction, physical and mental harm, and potentially life-threatening overdose.

Soft drugs: Less serious health risks, although prolonged and excessive use can be harmful, especially to the respiratory system in cannabis use. An addiction effect can also apply to soft drugs.

 

What factors play a role in drug penalties

Drug possession, sale and production involve many factors in arriving at the certain punishment. The highest of these penalties depends on the following issues:

  • Age: the age of the persons with respect to whom offenses have been committed may affect sentencing. For example, minors may be treated differently in the criminal justice system.
  • Social impact: the impact of the crime on society and those directly involved play a role in determining sentencing. Serious harm or impact on others may result in harsher penalties.
  • Degree of involvement: a person's role and involvement in drug trafficking can vary. The level of involvement, such as leadership roles or executive duties, can affect the sentence.
  • Soft Drugs or Hard Drugs: sentencing may depend on the classification of the drugs involved. Hard drugs, considered more dangerous, may result in harsher penalties compared to soft drugs.
  • The amount, expressed in grams: the amount of drugs involved in the crime can be an important factor in determining sentencing. Larger amounts can result in harsher sentences because of the potential for greater harm and impact on society.

Maximum allowable quantity

Below is an overview of different types of drugs and their maximum permitted amounts in the Netherlands:

  • Hashish and weed: for cannabis products such as hashish and weed, the maximum allowed amount is 5 grams.
  • Cocaine : 0.5 grams.
  • XTC : For ecstasy (XTC), there is a maximum of 1 pill.
  • GHB: the GHB (gamma-hydroxybutyric acid), 5 milliliters is the maximum amount allowed.
  • Hemp Cultivation: when it comes to growing hemp plants, the limit is set at 5 plants.

When these maximum allowable amounts are exceeded, serious consequences can result

Drug possession lawyer

If you have received a summons for suspected drug possession, it is wise to hire an experienced attorney as soon as possible.

The experienced lawyers of law firm Der Bedrosian specialize in the field of crimes and will support and advise you during the process, to assist you most effectively in your case.

So please feel free to contact us so we can work on an optimal defense.

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