Graham Boyd, Sarah Trumble, Lanae Erickson Hatalsky
11 April 2014
Despite a federal prohibition on marijuana possession, sale, and use, Colorado and Washington recently became the first states to enact laws legalizing the recreational use of this drug. Although the Obama Administration has taken steps to attempt to deal with this evolving situation, we believe the status quo is untenable and Congress must act to provide certainty and a framework for these states moving forward. This report explains the problem and offers a solution.
Ministers should sanction experiments to legally grow marijuana under licence and the city should make preparations to do so, according to a majority of Amsterdam city councillors. All VVD councillors in the city back the move. The VVD's position in Amsterdam is notable because VVD justice minister Ivo Opstelten has said repeatedly he does not favour regulated production and refused to sanction experiments. Meanwhile, the upper house of parliament came a step nearer to approving legislation which will make people who have helped illegal marijuana growers guilty of a criminal act. (See also: Coffeeshops want say in Amsterdam marijuana production)
The movement to end marijuana prohibition has made significant progress recently, but it could all be undone when the next president takes office in 2017. Harvard economist Jeff Miron, a supporter of marijuana policy reform, highlighted the precarious nature of state marijuana laws in an op-ed for CNN on why Congress needs to act now on federal marijuana policy. "Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition," Miron wrote.
The state of New York could legalize marijuana for recreational use as early as 2015. State Sen. Liz Krueger (D) will reintroduce the Marijuana Regulation and Taxation Act during the next legislative session, which begins in January. Krueger's bill would permit the opening of retail marijuana dispensaries, which would be regulated by the State Liquor Authority. The bill would establish an excise tax on all marijuana sales, and adults would legally be able to possess up to two ounces of marijuana and grow up to six marijuana plants at home for personal use.
In total, 35 local authorities have signed a manifesto calling on the government to sanction official experiments with legal marijuana production. The council leaders argue regulated growing would end the grey area between semi-legalised sales in cannabis cafes and illegal supply by criminal gangs. The signatories include the mayors of Amsterdam, Rotterdam, Eindhoven, Utrecht and Groningen. 'The current situation is unsustainable,' said Rotterdam mayor Ahmed Aboutaleb.
Labour senators are refusing to cooperate with the Dutch government's tough line on marijuana and want to sanction regulated production trials. Senator Guusje ter Horst told television show Nieuwsuur that the entire soft drugs strategy needs to be overhauled. In particular, efforts need to be made to remove marijuana from organised crime. Justice minister Ivo Opstelten has said he will not give in to pressure to allow controlled marijuana growing, despite calls for change from dozens of mayors.
The Dutch government's cannabis policy has created a monster whose tentacles are spreading throughout the country, according to Paul Depla the mayor of Heerlen. Depla, one of 35 mayors who want production of marijuana to be legalised, said that government policy is making it far too easy for people to become criminals. 'Under the current policy, all you need is an attic and you can start growing marijuana,' Depla said. 'This has created a monster with tentacles that reach everywhere.'
The European Citizens’ Initiative (ECI) is a great innovation of the Treaty of Lisbon, enabling EU citizens to call directly on the European Commission to propose a legal act, if they can obtain the support of one million of their fellow citizens. The "Weed like to talk” campaign, launched by three French university students this year, aims to collect one million signatures from at least seven EU countries to call for a common cannabis policy based on a legally regulated market.
Alle 25 Nederlandse burgemeesters die verzoeken hadden ingediend om te experimenteren met gereguleerde of gedoogde aanvoer van cannabis naar de coffeeshops, kregen als Kerst cadeau van minister Opstelten van Veiligheid en Justitie (VenJ) te horen: “nee, nee en nog eens nee”. En in zijn brief aan de Tweede Kamer klinkt tussen de regels door “en hou nou toch eens op met zeuren want dat gaat echt niet gebeuren”.