A narrow majority in the Tweede Kamer, lower house of parliament in the Netherlands, supported a motion to not allow municipalities to experiment with cannabis cultivation: 75 parliamentarians voted for, 70 voted against.
Between 78% and 91% of marijuana grown in the Netherlands is exported, according to new justice ministry research. This makes it pointless to regulate marijuana production for sale in licenced cannabis cafes within the Netherlands because illegal growing will continue, Justice minister Opstelten said in a briefing to Parliament. (See for a critical view: The 80% myth revisited)
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)
A Dutch court refused to punish two cannabis growers, criticising a government policy that criminalises production while allowing its sale in coffee shops. In its judgment, the court found the suspects guilty but "no punishment will be applied". "Given that the sale of soft drugs in coffee shops is tolerated, this means that these coffee shops must supply themselves and so cultivation must be done to satisfy these demands," the court said. "The law does not state how this supply should be done." The ruling is groundbreaking; it might open up the back door of the coffeeshops. (See also: No jail or fines for 'idealistic' marijuana growing couple)
The owner of the coffeeshop Checkpoint has been found not guilty of most of the charges against him by Amsterdam’s appeal court. The court said the prosecution had not proved Checkpoint had knowingly broken the rules. Checkpoint is guilty of having too much cannabis on the premises but this does not merit a prison sentence, the court said in a statement, since the authorities had encouraged the coffeeshop's growth and must have understood that it needed large volumes of drugs to meet demand. This is the second ruling this month in which judges have refused to jail coffeeshop owners for breaking guidelines.
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.'
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.
Local councils in the Netherlands do have the power to ban people who do not live in their area from visiting cannabis cafes, the Council of State ruled. Preventing drugs tourism and combating organised crime are legitimate aims to allow selection on the basis of nationality, the country's highest legal body said. 'The residence criterion is a proportionate measure for combating drugs tourism and this legitimate objective cannot be achieved by other, less radical means,’ the council said in a statement. (See also: Most Dutch councils ignore ban on marijuana sales to tourists)
Despite efforts to clamp down on marijuana plantations, growers in the southern province of Limburg turn over some €240m a year, according to calculations by local paper De Limburger. Last year the police dismantled 599 plantations in the province. Using the police estimate of finding one in three, this would mean there are 1,800 plantations in the province. (See also: One of Tilburg's biggest industries is marijuana)
Tourists are still able to buy marijuana in 85% of the Netherlands' cannabis cafes despite the national ban on selling soft drugs to non-residents, according to Tilburg University researcher Nicole Maalsté. Most local authorities have incorporated the ban into their local bylaws but do nothing to enforce it. However, non-residents are excluded from coffee shops in 23 of the 103 local council areas with licenced cannabis cafes. These are mainly in the southern regions.
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.
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”.
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)
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 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)
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)
An opinion poll in the Netherlands in August 2013 showed that 54% of the Dutch are in favour of legalising cannabis, while 38% opposes it. There is now a clear pro-legalisation majority among the voters for the parties that form the current government, the liberal conservative VVD (58% in favour) and the social-democrat labour party PvdA (55% in favour) and in the Dutch Parliament. A range of recent polls indicate that the majority of the Dutch strongly disagree with the government on current cannabis policies.
Two-thirds of the country's 650 cannabis cafes continue to sell marijuana to tourists, despite the ban implemented at the beginning of this year. In total 111 cafes in 33 cities - including Amsterdam, Rotterdam, Utrecht and The Hague - took part in the survey, set up by Epicurus, a foundation launched by coffee shop owners. The survey shows there is a sharp north-south divide. (See also: Deal struck in Maastricht that could let tourists back into cannabis cafes)