There are major differences in policy on closing drug premises between Brabant municipalities. For example, it can happen that a mayor in one municipality closes a house with a small cannabis farm, while people in other municipalities only get off with a warning. Experts do not call such differences wise.
Municipalities are allowed to make their own decisions about the policy to close drug premises. But the differences that Omroep Brabant discovered do lead to criticism. Professor of Subversion Pieter Tops at Tilburg University disapproves. “There are differences, that is also allowed by law. However, it is not very wise to have large differences between municipalities. I think it’s good that you as a board radiate one standard on this point.”
Biggest differences in soft drugs
The biggest differences in policy are in the closing of homes when cannabis is found for the first time. In 38 municipalities, the home must be locked for two or three months. Other municipalities stick to a warning or an administrative fine. This means that people do not have to leave the house and can continue to live there.
The approach also differs per municipality regarding the number of hemp plants. In most municipalities, action is taken if six or more hemp plants are found. Alphen-Chaam, Baarle-Nassau and Gilze en Rijen have the most flexible policies. There, a home only needs to be closed if more than fifty hemp plants are found.
An expert from the investigative world who wishes to remain anonymous points out that criminals also see these differences. “Criminals look at policy, they follow policy. Is 200 plants the limit? Then they breed 199”.
It is striking that municipalities think the same about hard drugs. In almost all municipalities, a home can already be closed if more than half a gram of cocaine or more than one pill of XTC is found.
In this episode of HOW..? we explain to you the closure of drug premises. Then read on.
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Three municipalities without policy
The municipalities of Vught, Boxtel and Sint-Michielsgestel have no policy on closing drug premises. They have not specifically agreed what they will do if drugs are found somewhere. But they can just close buildings.
According to the municipal spokespersons, this was chosen because they can already use the law to close a drug building. They believe it is more important to look at each case individually and to take all circumstances into account. Then to elaborate specific policy in a regulation.
Tops actually disagrees. He would prefer to see one standard for all Brabant municipalities. “It is good that citizens, but also criminals, know that all municipalities in Brabant adhere to it,” says Tops. Whether and, if so, when this ‘one standard’ will be introduced is still unclear.
View the policy of your municipality in the map at the bottom of this article or via this link.
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The national Opium Act gives mayors the power to close a home or business premises if drugs are found. Municipalities can make so-called bye-laws themselves and fill them in as they wish. For this study, Omroep Brabant looked at the policy of all 56 municipalities in our province. Do you want to comment or do you have a tip? Mail our research team.
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