The alternative war on drugs

Evictions, cannabis regulation and the legal implications of adapting to criminal law restrictions on drug treatment

Dr Michelle Bruijn conducts research on the administrative law approach to drug crime, specifically the mayor's authority to close homes and premises when drug trafficking and hemp cultivation are involved. In her thesis, with which she received her doctorate cum laude in 2021, Michelle shows that criminal law restrictions have led to liberalization and legalization of the use, possession, sale and production of cannabis. In the Netherlands, we have had a policy of tolerating small-scale cannabis trade in coffedshops for decades. An experiment with regulated cannabis cultivation started in 2021.

Another way to address the failing criminal justice system is to use administrative and private law. Behind drug activity is not only the threat of criminal sanction, but also of losing one's home. Indeed, in the Netherlands, mayors have the administrative law power to close drug premises under the Opium Act, also known as the Damocles Act.

Michelle Bruijn is an associate professor in the Department of General Law, Faculty of Law at the University of Groningen (RUG). She is also affiliated with the Center for Public Order and Safety (COOV). After her PhD, Michelle started working as a researcher within the ERC EVICT project at the UG. Within this project, she researches the meaning and impact of international law on housing in national eviction cases. Together with the Center for Crime Prevention and Safety, she developed an assessment framework for the lawful application of Section 13b of the Opium Act.

In the video below, Michelle talks about the research she is doing, what her recommendations are and what she wants to accomplish in the future.