Amsterdam's Evolving Relationship With Weed

Rick Steves.

Writer of European travel guidebooks and host of travel shows on public television and public radio (www.ricksteves.com)

Posted: 08/01/2012 7:00 am


Dutch pot smokers are complaining that the generation that was running around Amsterdam's Vondelpark in the Sixties naked and on acid is now threatening the well-established, regulated marijuana trade in the Netherlands.

Responding to international pressure and conservatives in rural and small-town Holland, the federal government is cracking down on the coffeeshops that legally sell marijuana. But big-city mayors, like Amsterdam's, will fight to keep them open. Amsterdam's leaders recognize that legalized marijuana and the Red Light District's prostitution are part of the edgy charm of the city; the mayor wants to keep both, but get rid of the accompanying sleaze. The Dutch have learned that when sex and soft drugs are sold on the street rather than legally, you get pimps, gangs, disease, hard drugs and violence. Amsterdam recognizes the pragmatic wisdom of its progressive policies and is bucking the federal shift to the right.

Locals don't want shady people pushing drugs in dark alleys; they'd rather see marijuana sold in regulated shops.

While in Amsterdam, I took a short break from my guidebook research to get up-to-speed on the local drug policy scene. I find this especially interesting this year, as I'm co-sponsoring Initiative 502 in Washington State, which is on track to legalize, tax, and regulate the sale of marijuana for adults (on the ballot this November).

The Netherlands' neighboring countries (France and Germany) are complaining that their citizens simply make drug runs across the border and come home with lots of pot. To cut back on this, border towns have implemented a "weed pass" system, where pot is sold only to Dutch people who are registered. But the independent-minded Dutch (especially young people) don't want to be registered as pot users, so they are buying it on the street -- which is rekindling the black market, and will likely translate to more violence, turf wars, and hard drugs being sold. The next step: In January of 2013, this same law will come into effect nationwide -- including in Amsterdam, whose many coffeeshops will no longer be allowed to legally sell marijuana to tourists.

Locals point out that the Dutch are not more "pro-drugs" than other nations. For example, my Dutch friends note that, while the last 20 years of US Presidents (Clinton, Bush, Obama) have admitted or implied that they've smoked marijuana, no Dutch prime minister ever has. Many Dutch people are actually very anti-drugs. The Dutch word for addiction is "enslavement." But the Dutch response to the problem of addiction is very different from that of the US.

Being a port city, Amsterdam has had its difficult times with drug problems. In the 1970s, thousands of hard-drug addicts made Amsterdam's old sailor quarter, Zeedijk, a no-go zone. It was nicknamed "Heroin Alley." To fight it, they set up coffeeshop laws (allowing for the consumption of pot while cracking down on hard-drug use). Today Zeedijk is gentrified, there's no sense of the old days, and various studies indicate that Holland has fewer hard-drug users, per capita, than many other parts of Europe.




Nurseries promise you can take their seeds back into the U.S. An exception is this marijuana starter kit.


From the mid-1980s to the mid-1990s, the number of coffeeshops exploded. The Dutch observed that marijuana use rates increased, too, so they made changes, closing shops that ignored rules or generated neighborhood complaints. Now, new coffeeshop licenses are no longer being issued, and the number of coffeeshops in Amsterdam has declined from a peak of over 700 to about 200 today. With the movement afoot to crack down on things, coffeeshops are trying harder than ever to be good citizens and to nurture good relations with their neighbors.

While most Americans like their joints made purely of marijuana, the Dutch (like most Europeans) are accustomed to mixing tobacco with marijuana. There are several reasons: Back in the 1970s, most "pot smokers" here smoked hash, which needs to be mixed with something else (like tobacco) to light up. Today, more Dutch prefer "herbal cannabis" -- the marijuana bud common in the US -- but they still keep the familiar tobacco in their joints. Tobacco-mixed joints also go back to hippie days, when pot was expensive and it was simply wasteful to pass around a pure marijuana joint. Mixing in tobacco allowed poor hippies to be generous without going broke. And, finally, the Dutch don't dry and cure their marijuana, so it's hard to smoke without tobacco. Any place that caters to Americans will have joints without tobacco, but you have to ask specifically for a "pure" joint. Joints are generally sold individually (for €3 to €5, depending on the strain you choose).

Coffeeshops are allowed only half a kilo (about a pound) of pot in their inventory at any given time. On a typical day, a busy shop will sell three kilos (and, therefore, take six deliveries). Very little marijuana is imported anymore, as the technology is such that strains from all over the world can be grown in local greenhouses. (And the Dutch wrote the book on greenhouses.) "Netherlands weed" is now refined, like wine.

The Dutch hemp heritage goes way back in this sailing culture. In the days of Henry Hudson, hemp was critical for quality rope and for sails. The word "canvas" comes from the same root as "cannabis." In fact, there was a time when tobacco was the pricey leaf, and sailors mixed hemp into their cigarettes to stretch their tobacco.

Tourists who haven't smoked since they were students are famous for overdosing in Amsterdam, where they can suddenly light up without any paranoia. Coffeeshop baristas nickname tourists about to pass out "Whitey" -- because of the color their face turns just before they hit the floor. The key is to eat or drink something sweet to stop from getting sick. Coca-Cola is a good fast fix and coffeeshops keep sugar tablets handy.

No one would say smoking pot is healthy. It's a drug. It's dangerous, and it can be abused. The Dutch are simply a fascinating example of how a society can allow marijuana's responsible adult use as a civil liberty and treat its abuse as a health-care and education challenge rather than a criminal issue.

They have a 25-year track record of not arresting pot smokers, and have learned that if you want to control a substance, the worst way to do it is to keep it illegal. Regulations are strictly enforced. While the sale of marijuana is allowed, advertising is not. You'll never see any promotions or advertising in windows. In fact, in many places, the prospective customer has to take the initiative and push a button to illuminate the menu in order to know what's for sale. And, surprisingly, marijuana is just not a big deal in the Netherlands -- except to tourists coming from lands where you can do hard time for lighting up. A variety of studies have demonstrated that the Dutch smoke less than the European average -- and fewer than half as many Dutch smoke pot, per capita, as Americans do.



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Former police chief claims new coffeeshop rules will lead to explosion in street dealing

Category: News-wietpas Created on Wednesday, 01 August 2012 09:50 Written by Amsterdam Herald .

A former head of the Dutch Police Union has claimed that restricting access to cannabis cafes will give a huge boost to the underworld as criminal dealers exploit the gap in the market.

Hans van Duijn also said senior police officers were under political pressure not to criticise the ‘wietpas’ policy, which bars foreign visitors and non-registered members from the cafes.

Speaking at a conference of pro-cannabis organisations in Woudrinchem, North Brabant, Van Duijn claimed the wietpas had had “completely the wrong effect” and would lead to “more illegal trade and more crime on the streets.”

The new restrictions are already in force in the three southernmost provinces of the Netherlands – North Brabant, Limburg and Zeeland – and are due to be extended across the rest of the country from January.

They require coffeeshops to become private clubs with a limited membership of 2000, all of whom must have registered addresses in the Netherlands.

Van Duijn said: “The wietpas has been sold on the basis that we want to keep foreign users out of our coffeeshops. Once we’ve done that the minister can say: mission accomplished. The downside is that we have far more illegal trade and crime on the streets.

“The problem is very simple. There is demand in society for a limited amount of cannabis. The figures vary from between 500,000 and 600,000 people who regularly use it. Their usage isn’t illegal, they need to get it from somewhere and they’re prepared to pay for it.

“So a market grows up because the production and trade of cannabis is forbidden. You create a criminal world on a huge scale that fights for its market with guns and weapons and is worth billions. You create enormous problems for Dutch society by banning cannabis.”

He said police were fighting an endless battle in the ‘war on drugs’ because arresting individual dealers would do nothing to stop the flow of supply and demand.

“If you go after the dealers, like in Maastricht, where they got 400-odd in a short period, that doesn’t mean 400-odd fewer dealers but 400-odd other dealers. Every dealer you catch is back on the streets in no time or somebody else has taken over their spot, because the trade goes on.”

Van Duijn said he was concerned about the silence at the top level of the police hierarchy about what he called the failures of the wietpas policy.

“The fear among senior police officials is very strong – stronger than you’d expect and stronger than anyone should wish.

“Politicians – and especially the ministers for justice and domestic affairs – have had enough of police leaders who have their own views and raise social issues in the interests of the people of this country.

“So they said: from now on everybody has to keep their mouth shut. And they have the ultimate sanction, namely that people can be removed from office.

“I think that’s bad for the ability of the police to do their job. It’s bad for the critical mass that you need in a democratic system to weigh up whether what we’re doing is sensible. That’s a particular problem with this subject.”

Van Duijn said that rather than trying to limit the number of users, the government should legalise and regulate cannabis production to take it out of the hands of criminal organisations.

“That means making it accessible, taking it off the streets and cutting out the illegal dealers. You can only do that through regulation.”

Amsterdam Herald

Source: VOC Nederland: 'Politietop wordt de mond gesnoerd over wietpas'

Dutch Coffeeshop Owners Into Politics

Monday 20 August 2012


In the run to new election in The Netherlands owners of Dutch coffeeshops have decided to go political in order to save the nation from losing its right to freely smoke cannabis. As you have heard from us and many other sources the Dutch government has got some seriously ridiculous plans regarding the drug laws in The Netherlands; Foreigners are no longer welcome in the coffeeshops in the South of the country and the Dutch citizens need to be registered to be able to obtain a pass which will grand them access to the shops. If nothing changes the law will go nationwide and also Amsterdam will be a victim of this new law. Last weekend was the start of a campaign funded by 140 Dutch coffeeshops to convince the nation to vote for pro-cannabis parties.

The so called ‘Cannabus Campaign’ will be held from an old school American school bus which will drive through the whole country and provide information to voters about the differences between the various political parties. Three left-wing opposition parties, including the largest Labour Party (PvdA), the Party for Animals (PvdD) and the Socialist Party (SP), have stated that they are against the new law. The organization of the ‘Cannabus Campaign’ hopes to convince enough people to vote for the right parties so the new law will be turned back from September. Let’s hope they will manage!




DailySmoker

I've been to Amsterdam in the winter. It bites (but I live in a sunny state). But I like that the Dutch have so many political parties. That's what we need in the US: more voices and fewer zombies tied to the two party butt-f#ck (I'm new here, was that too harsh?).

Dutch coffeeshop owners look to election to kill off 'wietpas' law

Friday, 24 August 2012
Written by Amsterdam Herald .



Owners and users of Dutch ‘coffeeshops’ are increasingly hopeful that next month’s election will put an end to the controversial policy to restrict access to cannabis cafes.

The ‘wietpas’ law, which has been in force in the southern provinces since May 1, has become one of the most polarised issues of the campaign.

The parties that made up Mark Rutte’s centre-right cabinet remain committed to the law, which is due to be extended across the country from January 1.

They argue that the liberal Dutch stance on soft drugs has boosted the international criminal trade and failed to address the health problems associated with drug use.

Against them is a growing consensus of left-wing parties that wants to scrap the wietpas. They favour cutting the criminals out of the supply chain by regulating the cultivation and production of cannabis.

With the Socialist Party (SP) holding a narrow lead in the opinion polls, cannabis campaigners hope that the wietpas can be scrapped before January 1 if Emile Roemer’s party leads the next government.

But even if Mark Rutte’s Liberal (VVD) party overtakes the Socialists, it may still come up against a majority in Parliament of parties opposed to the wietpas.

The mainstream left-wing Labour Party (PvdA) also wants to regulate the supply of cannabis, while the centre-left parties D66 and GroenLinks and the 50Plus group, which represents older voters, favour similar reforms.

Marc Josemans, chairman of the Maastricht Association of Coffeeshop Owners (VOCM), said the election gives voters a clear choice and the chance to stop the wietpas in its tracks.

Criminal gangs

Josemans is challenging the law in a case that is expected to come to court early next year, but he is hopeful that the outcome of the vote will make his legal action redundant.

“Things are looking much better now,” he told The Amsterdam Herald. “Even people within the VVD and CDA are starting to ask questions.

“If the votes go the right way on September 12 and we have a majority in Parliament that is against the wietpas, we will no longer need to go to court. The wietpas can be replaced, and certainly before January 1.”

Due to be extended across the country next year, the wietpas measure turns coffeeshops into private clubs whose members must have a permanent address in the Netherlands.

The law is designed to bar foreigners from going into coffeeshops, ending the "drug tourism" that has been a source of tension between the Netherlands and neighbouring countries.

But opponents say that the system has played into the hands of criminal gangs, who have moved in to exploit a demand for cannabis that the regulated market can no longer meet.

Many coffeeshop customers have been reluctant to put their names to an official register and turned instead to the criminal trade.

Josemans said that in Maastricht, one of the cities where the wietpas is already in force, the new rules have already led to a surge in illegal street dealing.

“People have written to the town hall saying life is becoming intolerable, they can't go out into the streets because of the dealers. The police can't deal with the situation.

“People who used to go to coffeeshops don't want to have their names on a register so they’re turning to the black market. We've lost 22,000 people to the illegal trade.

“All these are things that we predicted and could have been prevented.

“Even if we scrap the wietpas after six months, it will take a year and a half to get things back to where we were. The damage has been enormous.

“If the wietpas is extended to the whole country on January 1, the disaster will be complete. We have to prevent that from happening.”

AmsterdamHerald

Source: De Volkskrant: Verkiezingsprogramma's over drugs: 'Tweeslachtig beleid is bron van ellende'

Photo by thisislike

Coffeeshop owners hit the road in protest against disastrous weed pass legislation

Posted on 28 Aug 2012. By Alex. Filed under Dutch Culture


On August 27 the nationwide anti-weed pass (wietpas) tour organised by the Dutch coffeeshop industry visited Haarlem. The main purpose of the campaign is to encourage all coffeeshops and their clients to support the Dutch Socialist Party (SP) in the coming elections. The SP is the only left of centre party with a realistic chance of becoming largest in terms of votes cast and therefore forming the next (coalition) government.

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The impressive 'Cannabus' on the Houtplein in Haarlem

The SP is in favour of the legalisation of soft drugs and the regulation of production and supply. They also want to involve the existing coffeeshop branch in the forming of a new, progressive cannabis policy following a favourable outcome of the next election.

The only other party with a chance of gaining the largest number of votes is the right-wing, conservative VVD. This is the party which, with the help of some rather unsavoury allies, is responsible for introducing the fatally flawed weed pass legislation in the first place. If they win the next election it will certainly mean the end of the coffeeshops and will probably quickly lead to total prohibition.

On a sunny afternoon in Haarlem various interested parties took to the stage on the now famous Cannabus and spoke of their experiences since the introduction of the weed pass. Haarlem coffeeshop owner turned tireless campaigner Nol van Schaik opened the proceedings. He was followed by Marc Josemans owner of the coffeeshop Easy Going in Maastricht where the weed pass laws are already in effect. Josemans has closed his shop in protest and is challenging the new laws in the courts. Jo Smeets who represents coffeeshop personnel (many of whom have already lost their jobs) spoke of the plight of hard working people who could be stigmatised for the rest of their working lives by the weed pass laws.

Next it was the turn of three local politicians joined by SP member of parliament Nine Kooiman to outline their policies concerning cannabis. Marc Josemans, now functioning as master of ceremonies, led the discussion in a most professional and entertaining manner. All the parties present were in favour of legalisation and regulation – supporters of the weed pass were conspicuous by their absence.

The last speaker was none other than the Potfather himself Wernard Bruining, who in 1973 opened the first coffeeshop in Amsterdam, the Mellow Yellow. He sketched an eloquent but depressing picture of the current state of Dutch society where, for example, citizens are encouraged by the government to inform on their neighbours if they suspect them of having a few weed plants in their gardens.

All in all a pleasant and informative afternoon, we can only hope that the efforts of all concerned make a difference before the Dutch reputation for freedom and tolerance goes up in smoke for good.

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Nol van Schaik kicks off the proceedings while Marc Josemans, owner of coffeeshop Easy Going in Maastricht, has a word with Jo Smeets (Stichting Belangenbehartiging Coffeeshoppersoneel) who represents coffeeshop personnel

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Three local politicians were joined by SP member of parliament Nine Kooiman (in black dress), all spoke in favour of cannabis legalisation and regulation

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Wernard Bruining, who in 1973 opened the first coffeeshop in Amsterdam, the Mellow Yellow, spoke of the dire effect this new front in the 'war on drugs' is having on Dutch society.

http://www.nlplanet.com/blog/2012/08/28/...ass-legislation

The Dutch 2012 election result and the coffeeshops


The future of the Dutch coffeeshops is in the hands of the liberal-conservative party


Tom Blickman
Friday, September 14, 2012




The 2012 Dutch elections were hailed as decisive for the future of the coffeeshops, where the sale of small amounts of cannabis is tolerated. The result is inconclusive. The parties in favour of restricting the coffeeshops or outright abolishing them got 77 of the 150 seats, while those against the recently introduced 'cannabis pass' and/or in favour of regulating the supply of cannabis to the coffeeshops got 73. However, the issue is not that straightforward given that in the Netherlands no single party has an absolute majority and a coalition government has to be formed.

The Netherlands is considered to be a pioneer in cannabis policy reform. In the 1970s the Dutch made the transition from 'zero tolerance' to de facto legalization, at least at the 'front door' of the coffeeshop, where the sale of cannabis to users is tolerated. Problems persist at the 'back door', where the coffeeshop owner has to obtain his supply, which remains illegal and is subject to law enforcement.[1] Suppliers can still be prosecuted for transporting cannabis to the shops. Coffeeshop owners can be arrested buying their inventory, even though they are allowed to sell it. "It's a crazy situation," a coffee shop owner once described his conundrum. "Every day I'm obliged to commit crimes because I have to stock up illegally. But at the same time I pay taxes on the sales."

The left and centre-left parties in the country are all in favour of regulating the supply of cannabis to the coffeeshops and introducing an excise on the trade. According to the Netherlands Bureau for Economic Policy Analysis (CPB), who offered interested political parties an analysis of the economic effects of the policy proposals in their election manifestos, these measures would bring in 500 million euros (300 million in excise and 200 million in reduced costs for the police and criminal justice system).

The block of Christian parties (who had the worst elections results ever, being reduced to 21 seats shared between three parties) are in favour of abolishing the coffeeshops all together while the xenophobic Party of Freedom (PVV) led by Geert Wilders and the conservative-liberal party (VVD) are in favour of the recently introduced 'cannabis pass' that excludes non-resident foreigners and obliges residents to register as a member of private-club type coffeeshops. However, the current rightwing government has lost its parliamentary support and the most likely successor is a coalition government of the VVD and the social-democrat party (PvdA) which will have a majority in parliament, perhaps with a third party, possibly the progressive liberals of D66 – in favour of regulation – or the Christian democrats – in favour of abolishing the coffeeshop system.

Both parties won the elections with the VVD winning more (41 seats for the VVD and 38 for the social democrats), meaning that the current Prime Minister Mark Rutte of the VVD will have the initiative for the coalition negotiations. What the consequences for the coffeeshops will be remains unclear. At the moment both parties are diametrically opposed on the issue – increasing restrictions on the shops favoured by the VVD versus regulation of supply advocated by the PvdA – and an agreement seems not easy. However, under pressure to form a stable government that should tackle the financial crisis and European integration issues, both parties need to find common ground.

The ‘cannabis pass’



Deaf and dumb for the critique on the 'cannabis pass'. Minister of Justice and Security Ivo Opstelten: "I'm not listening anyway" (from the newspaper De Pers)


Due to the controversial introduction of the 'cannabis pass' in the south of the country on May 1, the issue of the future of cannabis policy in the Netherlands was one of the issues debated during the election campaign, something that had not happened for many years. A group of coffeeshop owners rallied behind the Socialist Party (SP), that advocated to abolish the pass and regulate supply the so-called backdoor of the coffeeshops. The new rules that aimed at curbing cannabis tourism linked disturbances such as late-night public disorder, traffic jams and illegal drug dealing have to be implemented nationwide on January 1, 2013.

The new rules do not actually require a cannabis card, but coffeeshop owners are obliged to show their membership list to the authorities when checked. The new prosecution guidelines to the Dutch Opium Law will effectively transform coffee shops into private clubs as it requires the coffee shops to sell only to registered members, excluding non-resident foreigners. Each shop is allowed to have just 2,000 members, who must be over 18 years' old and permanent residents of the country.[2]

Four months after the controversial rollout of the 'cannabis pass' for coffeeshops in the south of the Netherlands foreign drug tourists and locals who resist registration are simply dodging the regulation by buying in the street or heading elsewhere in the country for their cannabis, a quickscan revealed. The new rules have entered into force in the three southern Dutch provinces Limburg, North Brabant and Zeeland so far. Unless the new government decides otherwise the pass will be introduced in the rest of the country on January 1, 2013. Critics of the measure argued that it would increase public disorder and illegal street dealing of all kinds of drugs, not only cannabis.

Just before the new rules entered into force, the government collapsed on April 21, 2012, when negotiations on new austerity measures buckled, paving the way for early elections on September 12, 2012. A poll on May 16 showed that the ‘cannabis pass’ has little support among the Dutch population; 61 percent said it did not agree that its introduction was a good idea and 60 percent favoured stopping its introduction.

Even among the coalition parties that supported the now defunct right-wing government – the Christian Democrats and the conservative liberal party, the People's Party for Freedom and Democracy (VVD) of Prime Minister Mark Rutte and Justice Minister Opstelten – only potential voters for the Christian Democrats were really in favour. Among potential VVD voters – the party that became the biggest party after the elections – 60 percent did not agree with the pass and 59 percent said its introduction should be stopped. Eighty percent of the people expected that street dealing would increase.

Negative consequences

Although the amount of cannabis tourists has declined with the introduction of the cannabis pass in the South of the Netherlands last May, national and local media reported an increase of street dealers, cannabis cabs and drug runners in southern towns. A quickscan by drug researchers Nicole Maalsté and Rutger Jan Hebben confirmed what everybody with a little bit of common sense already expected: illegal street dealing increased significantly and police do not have the capacity to do anything about it.

The quickscan – based on personal observations and extensive interviews with coffeeshop-owners – concluded that the introduction of the cannabis pass has led to all kinds of unintended side-effects for local users. The separation of the market between cannabis and hard drugs is disappearing, as well as the age-limit that was strictly enforced in the coffeeshops on penalty of closure. In the city of Breda fights between rival local dealers to carve out territories have been reported. The police are unable to handle the emerging cannabis trade on the streets.

In protest against the move, many coffeeshops in Maastricht and other southern Dutch cities initially closed their doors. Although some are opening again to supply their regular clientele, one in Maastricht permanently closed its doors because of a lack of customers. Growing numbers of illegal drugs dealers are hanging out near coffee­shops harassing not only drugs tourists but also local residents. Many coffeeshops lost a significant part of their clientele who do not want to be registered, and started to buy their supply on the street, at special addresses or from so-called 'mobile phone' dealers. For some coffeeshops, revenue has declined by as much as 60%.

The customers of coffee shops buy their cannabis now almost exclusively in the illegal circuit, according to Marc Josemans of the Easy Going coffeeshop in Maastricht, one of the leaders of the protest. He was slapped with a note of summary closure by the municipality for selling cannabis to Belgians and Germans in the days when the pass was introduced. "There are youngsters that deliver cannabis on their scooter and earn around 250 euros a day, an amount of money they will never earn in a regular job," he said. "For the customer there are only advantages: it is brought to you at home, it is cheaper than in the coffee shop, the quality is the same and you do not have to register."

A coffee shop entrepreneur from Roermond interviewed for the quickscan counted 25 drug runners on a single day. The street dealers are working in shifts. They come by train or car from Rotterdam or Utrecht, do their shift and then go back to their own city. "They look like commuters," he said. A sophisticated network of alternative cannabis supply has emerged that had started even before the 'cannabis pass' was officially introduced, according to the quickscan.

Policy shifts



The mayors of Dutch cities present their plans to regulate the cultivation of cannabis in November 2008

The introduction of the cannabis pass symbolizes the shift in Dutch drug pol­icy in the past decade: the focus on public health has been gradually replaced by a focus on security and repression of public disorder and organised crime. Although the Ministry of Public Health is still the lead ministry in name, the Ministry of Security and Justice (a merger of the former separate minis­tries of the Interior and Justice under the new conservative government) has the lead in practice.

While newspapers and drug control agencies abroad tend to say that the Dutch are rethinking their liberal attitude towards cannabis, support for liberal policies is still widespread. A 2008 poll among municipalities that have coffeeshops showed that over 75 percent want the national government to regulate wholesale supply to the coffee shops. A public opinion poll in February 2010 showed that 49 percent of the Dutch think that cannabis should be legalized while 13 per cent think that the current policy should continue. Only 26 per cent want cannabis prohibited. In May 2012, 64 percent of the population disagreed that cannabis should be prohibited.

A widening divide is emerging between the now defunct conservative law-and-order government and local municipalities about the future policy around coffeeshops and the backdoor prob­lem. The majority of the municipalities that allow coffeeshops want to go in a different policy direction, and have proposed policies to finally regulate the backdoor supply. In November 2008, at a 'cannabis summit', around 30 mayors from different political parties including the VVD and the Christian Democrats asked for a "monitored pilot scheme" to assess if licensed growers could reduce cannabis supply-related crime.

The future of Dutch cannabis policy lies in the hands of the conservative liberal party (VVD) of the current – and most likely the next – Prime Minister Mark Rutte. In the past, until only two-and-half years ago, the VVD supported regulating the back door. In May 2010, its former leader and former European Commissioner Frits Bolkestein co-authored an Op-Ed calling for regulation and permitting the production and sale of all drugs under strict condi­tions designed to minimise use, while making it as safe as possible. The February 2010 poll showed that 50 percent of VVD voters are in favour of legalization of cannabis and 17 percent want continuation of the current policy.

The introduction of the ‘cannabis pass’ is based on a selective reading of the recommendations by the Van de Donk Commission that had been asked to lay the groundwork for a new memorandum on Dutch drug policies to be drafted in the fall of 2009 by the coalition government of a coalition of the Christian Democrats and the PvdA. The Commission recommended that the coffeeshops should go back to their original purpose: they should be limited in number and size and cater to registered local users rather than the "large-scale facilities that supply consumers from neighbouring countries." This should reduce the public disorder caused by tourists who cross the German and Belgian borders to buy drugs. However, it also suggested a limited experiment with regulating the supply for coffee shops.

The new drugs policy memorandum never materialised and the government fell in February 2010. It was the VVD-led rightwing coalition that came to power in October 2010 that narrowed down the recommendations to the introduction of the 'cannabis pass', as well as expanding no-coffeeshops areas around schools to 350 meters and defining cannabis with more than 15 percent of THC as a 'hard drug' that could not be sold in coffeeshops anymore.[3]

The VVD basically sacrificed its previous liberal position on cannabis regulation to gain votes from the right and form a government with the Christian Democrat party and extra-parliamentary support of the Party of Freedom (PVV) of islamophobe Geert Wilders, in favour of closing the coffee shops as well.


The future of cannabis policy: a free issue?


Prime Minister Mark Rutte (left) and social-democrat leader Diederik Samson have to agree on a coalition government.


Nevertheless, during the 2012 election campaign the VVD was standing by the policy until just a few days before the September 12 elections. Then the VVD mayor of Maastricht, a staunch defender of the 'cannabis pass', suddenly announced that because the number of foreigners trying to buy cannabis had fallen so sharply the membership cards for residents were no longer necessary. Prime Minister Rutte reacted by saying that it would be wise to face the practical problems arising in the implementation of the pass in joint consultation between the government and the local authorities, and to discuss the lessons learned so far to see if any changes are needed.

The mayor of Maastricht also said that while banning cannabis tourists in Maastricht made sense from a public disorder viewpoint, the introduction in Amsterdam – where one-third of the approximately 660 coffeeshops in the Netherlands are located – was not necessary since there are only minor problems with tourists in the capital. Amsterdam’s mayor Eberhard van der Laan (PvdA) and a majority of the city council are strongly opposed to the pass. The Amsterdam section of the VVD is also opposed and calls for a regulated cultivation of cannabis by licence to exclude organised crime from the production and wholesale distribution supply line and improve the quality of cannabis. The more liberal factions in the VVD were able to change the election manifesto of the party by lifting the membership limit of 2,000 and leaving it to the local authorities and the prosecution office to agree on membership thresholds.

Whether or not these are indications of a first step towards a revision of the current policies of the VVD remains to be seen. Yet, what the future of Dutch cannabis policy will be is depending very much on what position the VVD will take, the idiosyncrasies of Dutch politics and the complicated process of forming a government which can take months to complete. What the outcome will be of the coalition negotiations depends on the willingness of both the VVD and the PvdA to form a government and their willingness to bend or drop their positions on policy goals, including their views on drug policy. However the possibility that both parties do not find a solution to form a new government should not be excluded.

Any future decision on the 'cannabis pass' will probably depend on the official evaluation of the introduction of the pass in the south of the Netherlands, undertaken by the Bonger Institute of the University of Amsterdam and the Research and Documentation Centre of the Ministry of Justice. Indications are that while the measure might have had some impact in diminishing the amount of foreign cannabis tourists the negative consequences in terms of increased street dealing and public disorder, the increased risk of sales to under-aged youth and the evaporation of the separation of the market between cannabis and hard drugs – one of the main reasons for allowing coffeeshops – outweigh the benefits of the pass.

Based on the outcomes of the study a decision will be taken whether to continue, adapt or discontinue the pass. In the case of a negative evaluation, regulating the backdoor of the coffeeshop through a system of licensed cultivation might become an option, depending on whether the VVD is again willing to shift its views on regulating cultivation. The PvdA is in favour as is the centre left in Parliament, but there is no majority for that step unless the VVD or a section of the party decides to go along.

If the party leaderships are not able to reach an agreement while forming the new government, a solution could be to declare cannabis policy reform as a 'free issue', meaning that cannabis policy is not included in the sometimes very detailed and limiting coalition agreement and is left to the parties in parliament, or even individual parliamentarians, to decide. In that case the liberal section of the VVD has the opportunity to comprise a majority for reform.

International context

Still, such a scenario depends on many as yet unknown factors and might fall apart any time. Even if a majority will decide for reform, the government still can refuse to enact the new legislation, arguing that regulation would be problematic within the limits of the UN conventions and would meet with strong international opposition, as happened in 2000 when a parliamentary majority voted to regulate the back door by allowing the cultivation of cannabis in a closed system, decriminalizing production of cannabis to be sold in the coffee shops. Growers would be allowed to produce for the shops on an exclusive basis, which in turn would be only allowed to sell cannabis produced by these growers. Similar proposals have been advance again during the 2012 election campaign by the social democrats.

In 2005 a second initiative proposing to experiment regulating supply of cannabis to coffee shops failed. The government asked for legal advice from the T.M.C. Asser Institute. Its controversial report, "Experiments in allowing the growing of cannabis to supply coffeeshops: International and European Law issues", concluded that cultivating cannabis for other than medical or scientific purposes was banned both under UN conventions and European Union law.[4] Following the opinion that the experiment would not "comply with the spirit of existing treaties," the initiative failed in June 2006 when the VVD withdrew its initial support.

At the time, the VVD spokesman Frans Weekers said the government had to look for international political support for the Dutch cannabis policy through diplomatic channels in order to move forward. A suggestion that still has to be fulfilled, and which could have a better chance nowadays given the reform proposals in Uruguay aiming at state controlled cannabis cultivation, the debate in Denmark where the City Council of Copenhagen wants to start with state controlled cannabis shops and developments with cannabis social clubs in Spain for instance. A coalition of willing and like minded countries might open doors for reform of the UN drug conventions or coordinated opt-out scenarios for the cannabis provisions of the treaties as well.


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[1] The backdoor problem: coffee shops are allowed to sell up to five gram of cannabis to consumers (the front door), but have to buy their stock on the illegal market (the back door). To draw coffee shops out of the criminal sphere entirely, the cultivation of cannabis needs to be regulated.

[2] Under the Dutch Opium Act the sale and possession of cannabis remains a statutory offence. However, the government employs the ‘expediency principle’, a discretionary option that allows the Public Prosecution to refrain from prosecution if it is in the public interest to do so. The investigation and prosecution has been assigned the ‘lowest judicial priority’. Based on that principle coffeeshops are tolerated when they fol­low a guideline – known as the AHOJG criteria – issued by the Ministry of Justice through the Public Prosecution Office: refraining from advertising (A), not selling hard drugs (H), not causing public disorder (O), no sales to minors (J), and sales limited to a small quantity per transaction (5 grams), as well as limits on inventory (500 grams) (G). The new measures added the private-club criterion and the resident-only criterion to the AHOJG guideline.

[3] The Trimbos Institute recently (June 2102) published a study showing that the 15 percent tetrahydrocannabinol (THC) treshold is rather arbitrary and does not give any indication about whether cannabis with higher THC content is more damaging. No statement can be made about the harmfulness of cannabis with a THC content of over 15% compared to hash with an equally high THC content and a relatively higher concentration of cannabidiol (CBD). However, it can be concluded that there is little to no negative effects that can be related to CBD. While CBD has an effect, it is usually in a positive way. Hash with a relatively high THC content and a high content of CBD seems less harmful than cannabis with high levels of THC and low CBD.

[4] According to some the Asser report was modified to fit the political decision envisaged by the Minister of Justice at the time, Piet-Hein Donner, who had strong links with the institute and currently is the head of the State Council that has to advice on all new legislation that passes the Parliament.


druglawreform

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VVD and Labour leaders have confidence in 'fruitful alliance'
Monday 17 September 2012



Rutte and Samsom answer questions after initial talks on forming a new government. Photo: WFA
Caretaker prime minister and VVD leader Mark Rutte and Labour leader Diederik Samsom have confidence they can work together well, they told reporters on Monday afternoon.

Both party leaders had talks with coalition negotiator Henk Kamp on Monday morning and said after the meeting they plan to begin concrete talks after Thursday. After the talks, they both made a short statement to the press. Both of us have confidence we can have a ‘fruitful’ alliance, Rutte said.

The new-look lower house of parliament will debate Kamp’s report on the formation process so far on Thursday.

Danger

During the election campaign, Rutte described Labour as a danger to the Netherlands and some commentators believe a third party may be added to the coalition to bridge the gap between left and right.

However, the two party leaders did not make any comment about the potential involvement of a third party in the coalition.

The VVD, part of the outgoing government, won 41 seats in the 150-seat parliament in last week’s general election. The PvdA took 38, making a cabinet involving both parties a natural choice.


DutchNews

Damn it's gonna suck if they have the coffee houses shut to outsiders. On second thought they didn't have coffee houses back when I lived there easy to find shit on the grand square.