A Dutch city has banned foreigners from its cannabis selling coffee shops. A European court will now decide whether this is legal. The continuing struggle of Dutch border towns against drug tourism could soon take a new turn, as the European Court of Justice (ECJ) prepares to hand down a ruling regarding one of the most severe measures employed in this battle so far. The ECJ heard arguments in Josemans v. Maastricht. (See also: Court backs Dutch ruling on coffee shops)
The ban on recreational drugs promotes crime and is bad for public health. Austerity measures to cut public spending are a hot topic for debate everywhere in Europe. In the Netherlands, where a new parliament will be elected next month, several proposals to reduce spending by 30 billion euros are on the table. All of these proposals hit where it hurts, but one option could actually be a welcome relief: drug regulation. (See also: Former ministers: legalise all drugs!)
In "Has the time come to legalize drugs?" Andres Oppenheimer, the influential opinion maker about Latin American affairs at the Miami Herald, describes how the debate about cannabis regulation "is rapidly moving to the mainstream in Latin America." He quotes White House drug czar Kerlikowske who argues that The Netherlands proves that relaxation of cannabis laws increases consumption, and that the Dutch government is now reversing its strategy. That requires some rectification.
Decriminalizing cannabis in the Netherlands and regulating the back-door of the coffee-shops and cultivation of cannabis would save 160 million euro on expenses by the police and the criminal justice system and bring in 260 million euro in tax revenues. The Dutch government is already earning some 400 million euros a year in corporate taxes from cannabis-selling coffee-shops.
Under the 1976 Law on opium (Opiumwet 1976), the possession, dealing, cultivation, transportation, production, import and export of narcotic drugs, including cannabis and its derivatives, are prohibited in the Netherlands. That Member State applies a policy of tolerance with regard to cannabis. That policy is reflected inter alia in the establishment of coffee-shops, the main activities of which are the sale and consumption of that ‘soft’ drug. The local authorities may authorise such establishments in compliance with certain criteria. In a number of coffee-shops, non-alcoholic beverages and food are also sold.
The new conservative Dutch government wants to force the country's marijuana cafes to become "members only" clubs, a move that would effectively block foreigners from buying the drug. If the idea ever becomes reality — it would be legally complicated and politically divisive — it would be the latest of the country's liberal policies to be scrapped or curtailed as the Dutch rethink the limits of their famed tolerance. While marijuana is technically illegal in the Netherlands, it has been sold openly in designated cafes for decades, and police make no arrests for possession of small amounts.
'Save the country, legalise drugs.' Under this striking banner, two former Dutch government ministers (for foreign affairs and health) are launching their revolutionary plan. They estimate that more than half of all the costs of crime are related to drugs. They argue that by regulating their production and sale and imposing strict government supervision, drug crime will disappear. And they say that would lead to unprecedented savings for the police and judiciary.
People on both sides of the marijuana legalization debate have strong feelings about Proposition 19, the California ballot initiative that promises to regulate, control and tax cannabis. But science and empirical research have been given short shrift in the discussion. That's unfortunate, because the U.S. government has actually funded excellent research on the subject, and it suggests that several widely held assumptions about cannabis legalization actually may be inaccurate. When the total body of knowledge is considered, it's hard to conclude that we should stick with the current system.
The European Court of Justice (ECJ) said that a municipal regulation imposed by the city of Maastricht prohibiting local coffee-shop owners from admitting non-residents of the Netherlands was justified as it aimed to reduce drug tourism and public nuisance.
The traditional Dutch tolerance of the sale of small amounts of marijuana through licensed "coffee shops" is under severe strain. On 14 October a new coalition government was sworn in. Part of the coalition agreement stipulates that coffee shops "will become private clubs". In other words, no tourists.