Five plants or fewer — what does Dutch law actually say?

We get asked about this regularly: can you legally keep a few hemp plants growing at home in the Netherlands? The short answer is more nuanced than a plain yes or no — so let’s unpack it slowly.

The law says: no

Article 3 of the Dutch Opium Act prohibits cultivating hemp. Full stop. The same article also prohibits possessing, preparing, processing, selling, supplying, or transporting hemp. Possession is already forbidden — cultivation therefore is too. The law isn’t subtle on this point.

What happens in practice: different

The Dutch Public Prosecutor’s Office has applied a pragmatic line for years. Five plants or fewer doesn’t count as professional or commercial activity. That puts it outside the scope of criminal prosecution. Important: no prosecution doesn’t mean no prohibition. Two different things.

Two catches

• The plants are taken. Police simply confiscate them. There’s no “I’ll come pick them up later.” Gone is gone.
• Not for minors. If the suspect is a minor, a criminal response always follows. No exception.

In some cases the police also file a formal report (a proces-verbaal) for fewer than five plants — for example when there are commercial indicators (strong lamps, ventilation rigs, scales, pre-packaged material). The prosecutor will usually still not pursue charges, but the report exists on record.

Our part in this

We’re a coffeeshop, not a cultivation adviser. Whatever grows at home is outside the scope of our work. What we can say: half a plant fewer at home, and a good session here at the bar, saves a lot of hassle.

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Source: politie.nl — You have five hemp plants or fewer at home (Dutch only)