Does the ban on designer drugs in the Netherlands work?

Ban

NPS are also known as ‘designer drugs’. The effects of these substances closely resemble those of traditional illegal drugs, and they are produced to circumvent drug legislation. Such substances are considered high-risk, and therefore, under the Opium Act, they can be banned by being placed on the list of prohibited substances. However, NPS presented a particular challenge in this regard, because when the successor, 3MMC, was banned in 2021 following 4MMC in 2012, another MMC variant was quickly produced that did not fall under that ban. By slightly modifying the composition of the substance, the new drug could then be offered legally on the market. Thus, following the ban on 4- and 3MMC, a 3CMC and a 2MMC variant followed, and these, too, would have to be banned again. To avoid constantly playing catch-up, the Dutch government has introduced the ban on designer drugs effective July 1, 2025. This is a regulation in which common groups of NPS – thus no longer specific substances – are prohibited by the addition of a list (IA) to the Opium Act.

Websites

The fact that NPS can be risky was recently confirmed by the Funcaps case. The owners of Funcaps sold designer drugs and counterfeit medicines via their website, and multiple people may have died after using the ordered substances. The Funcaps owners have already been convicted in Belgium, and the case is still pending in court in the Netherlands. Websites play a crucial role in the distribution of NPS and offer valuable criminological insight into how the trade in such substances takes place. Many NPS websites were taken offline shortly after the introduction of the designer drug ban, but following the uproar surrounding Funcaps, more followed in rapid succession.

An interesting website that was also taken offline shortly after the news about Funcaps, but which had been online for years, is ‘rnwb.nl’. According to the description on the website, RNWB was ‘the pioneering company in the field of 24/7 direct delivery of Research Chemicals in the Netherlands’. The variety and combination of products offered was striking. Everything you might possibly need for a night out or at home: from NPS to poppers, from Hertog Jan beer to chardonnay. The website felt cozy and, thanks to the photo of the 10-member RNBW team, also familiar. Through the website, you could buy research chemicals, including 2MMC, day and night. It was also possible to place an order via WhatsApp to have the MMC delivered discreetly packaged via the ‘express courier’. Funcaps and RNWB are just two examples of countless similar webshops.

Potential Impact

The fact that NPS appear on the list alongside beer or wine, and that they can be purchased with great ease, raises questions about how accepted the online supply and use of such substances have become over time. The ‘grey area’ that existed created an opportunity structure allowing NPS traders to make a fortune from the demand for these substances. But what will be the impact of the new ban on NPS substance groups? Will it work? On the supply side, the aim is to curb production and trade, while on the demand side, the goal is to make it clear that NPS are harmful and dangerous. This signal is ‘reinforced’ by creating more awareness regarding the risks associated with their use. As already noted, many NPS websites have since been taken offline, which may indicate that the supply has become more limited. However, the NPS trade may also have shifted to other platforms where the trade continues illegally.

A new grey area

However, there are signs that market players are reacting differently than by withdrawing from the trade or resorting to illegal activity. Some websites that have been taken offline appear to have moved their content to a slightly modified domain name, for example by switching from a .nl to a .org, or by adding an extra letter to the domain name—practices known as domain hopping or typosquatting. The past has also shown that substances on the verge of being banned were specifically advertised at ‘special prices’ just before the new legislation came into effect. Subsequently, they were officially ‘no longer available’ via the website, whereas many non-banned substances remained so. After all, the newly introduced ban covers only three groups of substances, which means that there are still substances that fall outside the ban. One of the websites had already anticipated this. Characteristic in this regard is the following message posted on the website. Under the heading ‘Life after ban’, it states: “The ban on substance groups of July 1, 2025, has turned the world of research chemicals upside down. We are no longer allowed to offer enormous families of synthetic substances that found their home [here]. However, this does not mean that things have gone quiet in the laboratory […]. On the contrary, where others see loss and obstacles, [this website] prefers to see opportunities to renew itself and take its community along on a fresh adventure.” Subsequently, the website explains that expansion into ‘other markets’ is taking place and that they are diligently searching for ‘new research chemicals’… The website asks visitors to subscribe to the newsletter to stay informed about ‘the new substances’, ‘special offers’, and ‘promotions and discounts’. Instead of withdrawing from the trade or resorting to illegality, the ban in this case seems to have actually sparked the entrepreneurial spirit of the trader. 

Because only a limited number of substance groups fall under the ban, a grey area has once again emerged, and this opportunity is being eagerly exploited to legally develop and bring new NPS to market. The cat and mouse game therefore continues.