Cannabis is the cutting-edge drug for reform, the only politically plausible candidate for major legal change, at least decriminalisation (removal of criminal penalties for possession) and perhaps even outright legalisation (permitting production and sale). Compared with other drugs, the harms, physiological or behavioural, are less severe and the drug is better integrated into the culture. Throughout Western Europe and in the Antipodes there is pressure for reductions in the punitiveness of the marijuana regime.
Robin Room, Peter Reuter (RAND), Wayne Hall, Benedikt Fischer, Simon Lenton, Amanda Fielding
01 September 2008
Despite cannabis being the most widely used illegal drug, and therefore the mainstay of the ‘war on drugs’, it has only ever held a relatively marginal position in international drug policy discussions. Amanda Fielding of the Beckley Foundation decided to convene a team of the world’s leading drug policy analysts to prepare an overview of the latest scientific evidence surrounding cannabis and the policies that control its use. The report of the Beckley Foundation's Global Cannabis Commission is aimed at bringing cannabis to the attention of policymakers and guide decision making.
Most of the Dutch local councils that have so-called coffee shops which sell marijuana say they have no problem with the current policy of tolerating these outlets, according to a survey by NRC Handelsblad. The newspaper sent a questionnaire to the 105 local councils which, between them, have a total of 353 coffee shops. Of the two-thirds that responded, only 14 felt these establishments should be closed. But over 75 percent want the national government to regulate wholesale supply to the coffee shops.
The Dutch government should licence the growing and supply of marijuana to the country’s 700 or so coffee shops that sell cannabis, according to a group of around 30 Dutch mayors. This is the conclusion of the ‘cannabis summit’ at which the mayors discussed the country’s policy on soft drugs. The mayor of Eindhoven, Rob van Gijzel, said his city is prepared to run a ‘monitored pilot scheme’ to assess if a system of licenced growers reduces drugs-related crime.
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.
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.
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 municipality of the Dutch city of Utrecht recently announced two scientific experiments on cannabis policy. One experiment will be to set up a closed club model for adult recreational cannabis users. Cannabis smokers will grow their own marijuana in a cooperative, a move which would go against the government's drive to discourage coffee shops. The other experiment concerns treatment for people who are vulnerable to psychotic disorders.
In 1976 the Netherlands adopted a formal written policy of non-enforcement for violations involving possession or sale of up to 30 g of cannabis. The ‘gateway theory’ has long been seen as an argument for being tough on cannabis, but interestingly, the Dutch saw that concept as a rationale for allowing retail outlets to sell small quantities. Rather than seeing an inexorable psychopharmacological link between marijuana and hard drugs, the Dutch hypothesized that the gateway mechanism reflected social and economic networks, so that separating the markets would keep cannabis users out of contact with hard-drug users and sellers.
De exportcijfers van nederwiet die de Taskforce Aanpak Georganiseerde Hennepteelt veelvuldig in de media bracht, zijn sterk overdreven. Dit blijkt uit een vertrouwelijk rapport van het Korps Landelijke Politie Diensten dat openbaar wordt gemaakt door KRO Reporter International. Het rapport maakt duidelijk dat de export van nederwiet een “bescheiden omvang” heeft. “Het grootste deel van de productie is bedoeld voor de binnenlandse markt”, aldus het KLPD. Donderdag debatteert de Tweede Kamer over het drugsbeleid.
The pilot project to have state-run hash and marijuana dispensaries in Copenhagen received a setback after the Justice Ministry turned down the City Council's request to experiment with regulating cannabis in the city. In a letter to the Council, the social-democrat Minister of Justice, Morten Bødskov, wrote that the government will not permit the experiment as they believe that regulating hash and marijuana would likely increase both availability and use, which was unwise given the range of side effects that cannabis has been linked to.
The new coalition government of conservative liberals (VVD) and social-democrats (PvdA) presented its coalition agreement on Monday. They agreed to abolish the cannabis pass, but access to coffeeshops remains limited to residents of the Netherlands. Customers need to identify themselves with an identity card or a residence permit together with a certificate of residence. Non-resident foreigners are still banned. In other words, there will be no cannabis pass, but the policy continues.
Three United Nations Conventions provide the international legal framework on drug control, instructing countries to limit drug supply and use to medical and scientific purposes. Yet, debate continues on the decriminalisation, or even legalisation, of drugs, particularly cannabis. Models under development for the legal supply of cannabis are described in this analysis, as well as some of the questions they raise.
Part of the ‘Perspectives on drugs’ (PODs) series, launched alongside the annual European Drug Report, these designed-for-the-web interactive analyses aim to provide deeper insights into a selection of important issues.
It is time that policymakers, law enforcement, professionals and other parties involved combine their efforts to work towards the implementation of a transparent cannabis chain that is organised in a responsible and professional manner.
In total 26 of the Netherlands’ 38 largest local municipalities support government licensed or organised marijuana production, NOS television says. The 12 other council area are either opposed or have not yet made up their minds. Councils are trying to remove the grey area in the law which says possession of small amounts of cannabis will not be prosecuted but the supply and cultivation is banned. (See also: The Transparent Chain)
The D66 Liberal party, currently the second biggest party in The Netherlands in recent polls, is drawing up draft legislation for the regulated production of marijuana. At the moment it is illegal to grow marijuana. This means there is a grey area between the official policy of turning a blind eye towards possessing small amounts of marijuana and the supply to coffee shops. (See also: Majority of the Dutch favour cannabis legalisation)
This is a guide to regulating legal markets for the non-medical use of cannabis. It is for policy makers, drug policy reform advocates and affected communities all over the world, who are witnessing the question change from, 'Should we maintain cannabis prohibition?' to 'How will legal regulation work in practice?
Barely a week after an opinion poll showed that 65% of the Dutch are in favour of regulating cannabis production just as in Uruguay, the minister of Justice and Security of The Netherlands, Ivo Opstelten, told parliament that he will not allow regulated cannabis cultivation to supply the coffeeshops in the country. Two in three large municipal councils back regulated cannabis cultivation, but the minister will probably not allow a single one of the 25 proposals to experiment with regulated cultivation that have been submitted.
The mayors of 25 Dutch local authority areas have increased their pressure on the cabinet to allow experiments with regulated marijuana production. The initiative is being powered by the mayors of Eindhoven and Heerlen and a Utrecht alderman, the Volkskrant said. The manifesto is a reaction to justice minister Ivo Opstelten’s decision not to approve experiments with regulated growing. (See also: The Netherlands is ready to regulate cannabis)