Substance use

Prisons

Article 30 of the Prisons Act (Penitentiaire beginselenwet, Pbw) gives the prison governor the power to require a urine test. This is permitted for:

• order or safety within the institution;
• a decision on placement or transfer;
• granting leave.

The Regulations on Urine Testing in Prisons (Regeling urinecontrole penitentiaire inrichtingen, Rupi) govern the procedure. Random testing is also permitted. The Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ) has confirmed this. Tests may also be used preventively to discourage drug use.

The drug deterrence policy aims to prevent drugs from being brought in, used or traded, and also focuses on safety, health and addiction care. Providing a maintenance dose of drugs does not fit within this policy; methadone may, however, be provided.

Youth custodial institutions

Article 35 of the Youth Custodial Institutions Act (Beginselenwet justitiële jeugdinrichtingen, Bjj) applies to young people. The director can require urine testing for order or safety, for placement or transfer, and in connection with leave.

The procedure is set out in the Regulations on Urine Testing for Young People (Regeling urineonderzoek jeugdigen, Ruj). Article 3 concerns sample collection, article 7 the notification of results, and article 10 the possibility of punishment. For repeat or confirmatory testing, the director may decide that the young person only has to pay part of the costs.

Compulsory forensic psychiatric treatment

Article 24 of the Act on the Care of Persons Subject to a Hospital Order (Beginselenwet verpleging ter beschikking gestelden, Bvt) applies to people receiving care under a compulsory forensic psychiatric treatment order (tbs-maatregel). Urine testing may be required for order or safety and in connection with leave. Unlike in prisons and youth institutions, placement or transfer is not a separate ground here.

The Regulations on Urine Testing for Patients (Regeling urineonderzoek verpleegden, Ruv) contain further rules. Article 3 governs sample collection, article 5 the notification of results, and article 8 the possibility of punishment. You initially pay for repeat and confirmatory testing yourself; if the result is negative, the costs are refunded.

How does a urine test work?

Testing covers substances that affect behaviour: not only drugs on lists I and II of the Opium Act (Opiumwet), but also alcohol and medicines. This may include, for example, medication that has not been prescribed or has been saved up.

Urine is preferably collected in the morning, when it is most concentrated. A staff member must explain the reason and procedure beforehand. According to the Council (RSJ), notice the evening before is not required.

Supervision and processing

You urinate into a collection cup in a designated room, under direct visual supervision. One staff member is enough. The director must make an effort to arrange supervision by someone of the same sex. An exception is possible in special, urgent circumstances. This duty to make an effort does not apply to any second supervisor.

Under supervision, you divide the urine between two tubes, close them and attach stickers with a unique number or code. The second sample is kept for any repeat testing. According to the Council (RSJ), vacuum-sealed tubes meet the sealing requirements.

A staff member checks the form and matching codes in your presence. The form includes your name, date of birth, registration number, the date and time of collection, the substances to be tested for, medication use and relevant medical conditions.

If you cannot urinate

You are given four hours to provide urine, preferably in a room where interference with the test is prevented. Staff must make clear when this period begins and record the start time.

Under article 8(2) of the prison urine testing regulations (Rupi), not providing urine after four hours counts as a refusal. For punishment purposes, this is treated in the same way as hard drug use. However, credible medical or psychological difficulties may justify being unable to urinate. The institution must then look for another solution. If you have shy bladder syndrome, direct supervision may be adjusted on the advice of the institution's doctor or behavioural specialist.

Understanding and checking the result

As soon as the result is known, you must be told, along with an explanation of repeat and confirmatory testing. There is no right to a written result. The institution cannot be held responsible for delays before it has received the laboratory result.

The test uses a threshold known as the ‘cut-off value’. An amount below this threshold gives a negative result; an amount above it gives a positive result. The threshold depends on the testing method. The laboratory can help explain it.

A positive result does not necessarily mean prohibited use

Medicines and other substances can cause a false positive result. You should therefore list your medication on the request form; article 3(6) of the prison urine testing regulations (Rupi) requires this. House rules may also require it. The Council (RSJ) upheld a punishment where a prisoner had failed to declare his medication despite being required to do so, and had signed the form confirming the procedure.

False negative results are also possible, for example through dilution, additives or substitution of the sample.

Repeat and confirmatory testing

You can request further testing in writing within 24 hours of learning the result:

• Repeat testing: testing the second urine sample using the same or a comparable method.
• Confirmatory testing: testing the first sample using a different, validated method.

You initially pay the costs yourself. If the subsequent result is negative, the costs are refunded; see articles 6 and 7 of the prison urine testing regulations (Rupi). For young people, the option of partial payment mentioned above applies. Any disciplinary punishment imposed is suspended when such a request is made, under article 8(3) of those regulations (Rupi).

Testing methods have different thresholds, and measurements can vary slightly. Results are therefore not directly interchangeable. If their meaning remains unclear despite the laboratory's explanation, the appropriate next step is to collect a new urine sample, rather than retest the same sample. This follows, among other decisions, from the Council's ruling (RSJ) of 16 April 2024, 23/35857/GA.

Diluted urine and further use

A low creatinine level

Creatinine is a substance produced through muscle activity and excreted by the kidneys. Its concentration helps assess how diluted urine is. Below 2 mmol per litre, urine is considered so diluted that it is treated as tampering, with a penalty as if hard drugs had been used. You must be warned that drinking large amounts can cause this result.

Special circumstances may justify an exception. For example, the Council (RSJ) took account of someone drinking large amounts of water on medical advice. Someone with a level of 0.9 mmol/l was also given the benefit of the doubt because he exercised and drank a lot and had never previously tested positive. Below 0.1 mmol/l, it is assumed that no urine has been submitted.

Cannabis and further use between tests

Further use (bijgebruik) means using again between two tests. For cannabis, this is assessed by comparing the ratio of THC to creatinine. Looking only at the THC level is not enough, because differences in fluid intake affect the concentration.

For the expected decrease, GelreLab and the Council (RSJ) use a half-life of 14 days: the time in which the ratio should roughly halve. If there is no proportionate decrease, this may indicate further use. According to the laboratory, a proper assessment preferably requires two tests a week, and at least one.

How long substances remain detectable varies from person to person. Factors include weight, kidney function and long-term use. Passive exposure to cannabis smoke only causes a positive cannabis result in very extreme circumstances. According to the research findings cited, substantial weight loss is also very unlikely to cause a value above 50 ng/ml. According to the laboratory, diabetes and medication do not explain a positive result when someone has stopped completely.

Punishment, leave and medication

A positive test or proven tampering can lead to disciplinary punishment. Leave may also be withdrawn in addition to confinement. However, a positive result must be recent to justify withdrawing leave.

The 2019 National Sanctions Guide (Landelijke Sanctiekaart 2019) listed five days of confinement in the prisoner's own cell without television and withdrawal of the next period of leave for soft drugs. For hard drugs, it listed seven days of confinement in the prisoner's own cell and withdrawal of the next period of leave. This sanctions guide ceased to apply on 1 July 2021: these periods are therefore not current fixed penalties.

Keeping medication does not automatically mean stockpiling it

House rules usually prohibit stockpiling medicines. Breaking this rule can lead to punishment, including placement in a punishment cell. Your medical condition must be taken into account.

The circumstances are decisive. According to the Council (RSJ), there was no stockpiling when someone did not take his medication for three hours because the bread needed to take it was unavailable. Finding a day's supply also does not prove stockpiling if it was unclear when the medication had to be taken.

Other tests and prohibited goods

Besides urine testing, there are breath, saliva, hair and blood tests. Breath testing is used, for example, after leave to detect alcohol use. If someone refuses, a blood test may be required as provided for in article 163(5) of the Road Traffic Act (Wegenverkeerswet). Saliva tests do not replace urine testing.

The Council (RSJ) regards the urine testing procedure as a fully regulated process with safeguards. A director was therefore allowed to refuse entry to a laboratory technician who wanted to collect hair and blood samples for counter-testing (Council ruling (RSJ), 6 May 2013, 13/0083/GA).

Visits, cell inspections and mail

Visitors may be searched; drug detection dogs are also used. Since 1 November 2019, bringing in prohibited goods, including drugs, has been a criminal offence for visitors under article 429a of the Criminal Code (Wetboek van Strafrecht).

Staff can examine substances they find using rapid tests. If these do not provide a clear answer, laboratory testing may follow. According to the Council's ruling (RSJ) of 18 February 2025, 23/35025/GA, the prisoner could initially be charged for this testing.

Spice can be brought in on treated paper and can have potentially life-threatening effects even in small amounts. The Council (RSJ) therefore accepted a policy under which prisoners receive copies of their mail instead of the originals. It took into account that a less intrusive approach did not offer enough protection (Council ruling (RSJ), 16 March 2023, 21/20548/GA).

GHB dependence and treatment

Suddenly stopping GHB can cause serious health problems, such as abnormal heart rhythms, very high blood pressure, confusion and delirium with hallucinations.

Specialist withdrawal treatment is available at Zwolle Prison (PI Zwolle), which has four special cells, and the Judicial Centre for Somatic Care (Justitieel Centrum voor Somatische Zorg) at Haaglanden Prison (PI Haaglanden). There, medicinal GHB is gradually reduced under continuous medical and nursing supervision, initially also with camera monitoring. The stay lasts an average of ten to twenty days.

Treatment is voluntary and requires written consent. If treatment is refused, the person is monitored and transferred to a hospital if necessary.

Complaints about the procedure

A formal complaint (beklag) can also concern a refusal to adjust the procedure. In the ruling of 19 December 2023, KC 2024/001, a patient had recognised shy bladder syndrome, which previous institutions had accommodated. The clinic wanted to wait for three months of diagnostic assessment first.

The complaints committee (beklagcommissie) found that the clinic had not adequately explained why no exception was possible during that period. Without an adjustment or treatment for anxiety, the standard procedure only produced presumed positive results rather than actual test findings. The complaint (beklag) was upheld; the patient received € 25 in compensation.

What does this mean for you?

• Declare your medication use accurately and check the details when the sample is collected.
• Report physical problems or shy bladder syndrome immediately and ask for a medical assessment.
• Ask for clarity about when the four-hour period starts if you cannot urinate.
• Do you dispute the result? Submit your request for further testing in writing within 24 hours.
• If further use is suspected, ask for an explanation of the comparison between the two tests.
• Explain any special circumstances, such as medical advice to drink large amounts.
• Discuss GHB dependence with the medical service because of the risks of stopping suddenly.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment