Nitrous oxide is on list II of the Opium Act and is therefore considered a soft drug. The Dommelstroom municipalities have adapted their joint policy for enforcement action after the discovery of drugs, the so-called Damocles policy. This gives mayors more possibilities to act against this. The policy rule "Beleidsregel voor de bestuurlijke handhaving van artikel 13b Opiumwet 2025" came into effect on March 1.

Same penalties as when drugs are found

The amended Damocles policy outlines how the mayor can use the enforcement power when nitrous oxide is found. Under the Opium Act, a mayor has the authority to close premises when drugs are found. This policy is now being expanded to include quantities of nitrous oxide above the standards for legal home use. Properties where more than ten ampules of nitrous oxide, nitrous oxide tanks and/or cylinders are found may be subject to closure. So-called acts of preparation, such as filling or selling can also result in home closure. For ten or fewer ampules, a warning is in principle sufficient.

Damocles policy, resilient against undermining crime

The Dommelstroom municipalities of Cranendonck, Geldrop-Mierlo, Heeze-Leende, Nuenen, Son en Breugel and Valkenswaard, are working together to make themselves more resilient against undermining crime. An unambiguous policy is an indispensable link in the integrated approach. Criminals are not deterred by municipal boundaries and often seek out weak spots. 

Because the policy rule is established jointly by the Dommelstroom municipalities, we prevent criminals from moving their activities to other (nearby) municipalities, where the policy is less strict. This means that in Dommelstroom (and other municipalities in the region) as much as possible the same closure terms are used, whereby the mayor of the individual municipality does have to make his own weighing up of interests. For example, a distinction can be made between the discovery of trade quantities of soft drugs and hard drugs, but also between homes and business premises.