The Amsterdam city council calls for the regulation of cannabis cultivation

http://www.amsterdam.pvda.nl/nieuwsbericht/882 Simone Veldema - 14 april 2004

Successful toleration Thirty years ago the Netherlandsinitiated the decriminalization of drug use. Ever since, the sale of cannabis through coffeeshops has been officially tolerated. Afterthree decades this ’experiment’ -which is aimed at the complete separation of softand hard drugs- can be called successful. Drug use has remained stable and Dutch cannabis use is lower than in many other European countries. Coffeeshops sell their products to adult customers, under aged customers are deterred and the soft-drugsmarket has been effectively screened from illegal trade in hard-drugs. The government acts against disturbances to ensure that possible criminal side effects can be nipped in the bud. There is however still criticism of Dutch policy.

Fundamental opponents argue that the government should not allow stimulants that may be harmful to public health. The main criticism is however directed at the problems that the clandestine, yet massive production of locally produced cannabis causes in residential areas.

Time to make choices. We feel that after thirty years of a policy of non-enforcement it is time for

evaluation. The current policy, however well intended, is not effective. The toleration of a stimulant whose production remains illegal ensures large criminal gains. Organized crime keeps a hold on this extensive market, as coffeeshops are forced to do business with criminals in order to obtain their merchandise. Government knows of the existence of this ’backdoor’, but has turned a blind eye. As local administrators we are confronted with the harmful effects of current policy. The limitation of the tolerated cannabis production to four plants and the maximization of trade stocks (maximum 500 gr.) endanger safety and livability. This limitation has ensured in practice that we are confronted with local areas where cannabis plantations cause a large amount of annoyances: drug traffickers make each other’s lives difficult, public health is endangered by polluted cannabis, and whole generations grow up with the conviction that evading the law and making large amounts of money is better than working for an honest living. A lot of money is made on the large-scale illegal trade of hash and marihuana. These negative consequences of the non-enforcement policy compel us to make a choice between complete prohibition and careful regulation. A total prohibition will -unnecessarily - turn hundreds of thousands of Dutch people into criminals. Moreover, research has shown that a restrictive policy has no demonstrable effect on pushing back drug use, but creates a harmful tension between formal policy and lacking implementation. Local governments are confronted with the consequences of this policy on a daily basis, and make their own priorities due to lack of funds and police capacity. We therefore argue for a pragmatic approach that will open the ’backdoor’

of the coffeeshops and will lead to the normalization of a product that is used by many without noteworthy problems. A well-prepared normalization is therefore the most sensible choice.

Production Most progress in the non-enforcement policy can be made on the cultivation side.

Currently the harvesting of more than four hemp plants continues to be illegal. This situation proves to be very lucrative for criminals. People are pressured to allow cannabis ’gardens’ in their homes. The cultivation of hemp in houses causes a lot of disturbances and (safety) problems: damp and heat corrode the quality of the buildings, illegal tapping of electricity leads to fire hazard and loss of income by power companies. Illegally produced cannabis may be polluted with all kinds of chemicals, like toxins and growth stimulants used for agriculture. Moreover there is no surveillance of the active THC-level of cannabis, which is undesirable from a medical point of view. Government has no control at all due to the illegal character of production. The illegal hemp cultivation is the unavoidable consequence of a halfhearted

non-enforcement policy. The problems related to risks can only be solved by a realistic approach.

Coffeeshops

The sale of soft drugs through coffeeshops can still be improved on a number of points. The currently allowed trade stock of coffeeshops, a maximum of 500 grams, has proven not to be workable. Consumers request a number of varieties of cannabis, thereby forcing the retailer to stock up on eight blends or more. This means that different varieties are sold out quickly, causing retailers to stock up from illegal warehouses in the meantime. Consequently, coffeeshop employees run extra safety-risks, e.g. chances of an assault. It is a paradoxical situation in which the coffeeshop owner who sells a product that can be legally obtained and used, may be

sentenced to imprisonment and loses his business if he stocks up on more than 500 grams of the relatively innocent product.

Education

There are no indications that normalization of the ’backdoor’ situation as presented here will lead to a high increase in consumption of cannabis. Excessive consumption of cannabis may, as is the case with alcohol, be harmful. This requires education and, in some cases, treatment: sufficient experience has been acquired in this field. Youth will still not be able to buy cannabis in the coffeeshops themselves. Illegal sale channels will disappear from the market when there is a legal supply of a guaranteed quality at a market rate. Government should not encourage the use of stimulants such as cannabis: through targeted education and a quality assurance system within the sector abuse can be counteracted. We therefore call upon Parliament, besides allowing for some leeway for local experiments, to also enter into discussion with other countries. This last request is in accordance with both the Nicolai (2000) and the Van der Ham (2003) motions, which argue in favor of discussion of the drug policy with other countries. The last international conference has after all taken place in December 2001. Additionally we

would like to request Parliament to urge the minister again to implement the motions of Apostolou (2000), Nicolai (2000) and Van der Ham (2003).

Transparent market

Transparent production and distribution of cannabis will allow a quality assurance system to be implemented. This offers optimal conditions to repel criminal influences and minimize health risks. We therefore suggest that local governments be given leeway to make arrangements for the supply of cannabis in a transparent and regulated manner if needed. Blueprints are available for a closed system of certified production and distribution with a complete registration of origin, yield and stock management. The current production of marihuana for medical purposes shows that a production system in which every gram can be accounted for is feasible. In regulated and ‘closed’ cultivation system consumers are protected from harmful substances such as agricultural toxins and growth stimulants. Additionally, an undesirably high THC-level of cannabis could be prevented.

Abroad

Regulation of cannabis production for domestic consumption may have consequences for our neighboring countries. Figures from the Center for Drug Research (CEDRO) indicate that currently a large proportion of the Dutch cannabis production is destined for export. Production regulation within a closed system will most likely have very little influence on this. Export remains illegal, so that cannabis produced under regulated conditions is most unlikely to find its way abroad. The production of cannabis outside of the controlled regime will continue to be prosecuted as always (and possibly even more focused), so it is conceivable that production meant for export will be under even more pressure than today. Legislation in export bound countries will not be influenced by Dutch policy. A substantial increase of drugrelated tourism is also not to be expected. Even now, cannabis can be bought in the tolerated coffeeshops, but most of the foreign consumers will prefer illegally obtained cannabis to constant travel to the Netherlandsto consume the drug there. Cannabisrelated tourism can be expected to continue in mostly the border areas, unless a policy aimed at reduction is specifically developed.

Solving problems

In conclusion we feel that further criminalization offers no solutions. Consequently, we argue for a pragmatic approach that will allow the installation of a quality control system. A carefully prepared normalization will offer the best opportunities to protect public health and eradicate criminality. We therefore call on Parliament to create some leeway for local experiments and consequently arrive at a completion of the Dutch soft drug policy. The ’backdoor’ should also be opened!

Amsterdam, April 7, 2004

(Signed by all the political parties in the Amsterdam City Council except the Christian

Democrats, representing 41 out of 45 representatives)