Marije Wouters, Annemieke Benschop, Margriet van Laar, Dirk J. Korf
10 ဇူလိုင်လ 2012
The aim of this paper is to assess the influence of coffee shop availability on the prevalence and intensity of cannabis use, as well as the effectiveness of the ‘separation of markets’ policy. A convenience sample of nightlife visitors and a sub-selection of previous year cannabis users were used for analyses on cannabis and hard drugs use. Logistic regression analyses showed that coffee shop proximity does not seem to be linked to prevalence of cannabis use or intensity of use. In addition, proximity of coffee shops does not seem to be linked directly to hard drugs use.
TNI co-signed a letter that was sent to the Dutch Prime Minister and relevant parliamentary commissions, stressing the need for an active Dutch involvement in the UNGASS review process and specifically to use the moment to open the discussion about the UN conventions that are an obstacle to further developments in Dutch cannabis policy.
Het Nederlandse cannabisbeleid verkeert al decennia in een internationaalrechtelijke schemerzone, stelt Martin Jelsma van het Transnational Institute (TNI). Nederland gedoogt de verkoop van kleine hoeveelheden softdrugs in coffeeshops (de zogenaamde voordeur), maar de aanvoer ervan (de achterdeur) is tot dusver verboden. In de loop der jaren is hierdoor een omvangrijke illegale sector ontstaan in Nederland die de coffeeshops bevoorraadt met nederwiet. Een kamermeerderheid wil nu het gedoogbeleid uitbreiden door een experiment met een gereguleerde aanvoer van wiet aan de achterdeur van coffeeshops, maar het kabinet is tegen.
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 main purpose of this evaluation was to determine to what extent the principal goal of Dutch drug policy has been achieved, as stated in the 1995 Policy Document on Drugs (Drugsnota). This asserts the primacy of protecting public health, and thus gives priority to drugs prevention and to the management of the individual and social risks that arise from drug use.
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.
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.
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.
Building on a long history and culture of tolerance, the Dutch responded to illicit drugs with decades of pragmatic measures free of judgment. A central element of modern Dutch drug policy was a crucial decision to establish a legal and practical separation of cannabis—judged to pose "acceptable" risks to consumers and society—from hard drugs associated with unacceptable risk. This policy effectively decriminalized possession and use of cannabis and opened the door for tolerated outlets for small-scale cannabis sales that eventually took the form of the well-known Dutch "coffee shops."
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?
Misunderstandings and misreporting of actual and proposed changes to Dutch cannabis policy in 2011 have led some opponents of cannabis reform to suggest the country is retreating from its longstanding and pragmatic policy of tolerating the possession, use and sale of cannabis. This is not the case. In reality, most of the more regressive measures have either not been implemented, have been subsequently abandoned, or have had only marginal impacts.
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.
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.
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.
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.
The head of the UN Office on Drugs and Crime (UNODC), Antonio Costa, recently visited Amsterdam on 24 April. Accompanied by some officials of the Netherlands Ministry of Health and of the City of Amsterdam and UNODC staff, he dropped in on the coffeeshop De Dampkring (the Atmosphere) and a user room (for inhalation and injection of heroin and cocaine). He wrote his personal account for his blog Costa’s corner but it was never published. Apparently it proved to be too controversial with his Dutch host. It now has popped up on the Transform drug policy blog and the ENCOD website.
The Hungarian Civil Liberty Union (HCLU) produced a video on the debate on cannabis policy and the tolerated sale of small quantities of cannabis by coffee shops in the Netherlands. The debate fired up when the mayors of Bergen op Zoom and Roosendaal, two towns near the Belgian border, decided to close their coffee shops.
Smoking without Borders An HCLU film about drug tourism in the Netherlands: is it really only the problem of the Dutch?
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)
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)