Europe: Dutch Appeals Court Rules Five-Plant Home Growers Cannot Be Prosecuted, No Matter How Big the Harvest

A Dutch appeals court in Den Bosch has ruled that people growing five marijuana plants or less cannot be prosecuted, no matter how big the harvest. The December 20 ruling came in the case of a couple found with more than 12 pounds of pot in their home.

Under the Dutch policy of pragmatic tolerance of marijuana sales and small-scale production, people with five or fewer plants are not considered offenders. But the same legal decisions and Public Prosecutor's Office directives also specify that people cannot have more than 30 grams of marijuana at home, so prosecutors sought a conviction.

Following in the footsteps of a lower court, which also rejected the prosecution case, the Den Bosch appeals court held that neither legal precedent nor the prosecutor's office directives set a limit to the size of the harvest of the five tolerated plants. Thus, Dutch citizens can now rest assured that they will not be prosecuted for possession based on what their five plants produce.

The Public Prosecutor's Office had sought only a $600 fine, but said it appealed the case because it wanted clarification about how the tolerance policy should be interpreted in such cases. The office is now pondering appealing to the Dutch Supreme Court.