Dutch Smoking Ban Leaves Cannabis Coffee Shops In Legal Limbo

Almost everyone knows coffee drinking is the last reason anyone visits an Amsterdam Coffee House. Stroll into one of the many flag festooned café-like establishments along the Kalverstraat and you are handed a unique menu that instead of Kenyan, Javanese or Blue Mountain beans, contains the daily list of available ganga, weed, Mary Jane, marijuana or hashish - a set of options which partially explains the very mellow, caffeine-free patronage.

So when Dutch law changed last July, bringing a total ban on smoking cigarettes in restaurants, coffee shops were caught in no-win legal bind. Let the guests light up cannabis, something they could legally do in a coffee shop, and risk citation, heavy fines escalating to suspension, seizure of assets and/or closure. Ban smoking completely and they have to close their heavily regulated and taxed doors anyways. Most are practical business people and no one wants to be the industry's test case.

The immediate question raised, was does this ban apply to coffee shops? The initial reaction from all sides in the debate was, yes, it does, because no one smokes pure marijuana. It would be too strong and painful for the lungs so marijuana is routinely mixed with tobacco.

"They are already strictly regulated and taxed," said Rob Milo, a senior partner with Holla Poelman in Tilburg, "yet no one is doing anything about interpreting this law." It seemed as if a line was drawn in the sand but no one knew where it was in a 'legal' dope selling business or when it was (or would be) crossed unless someone was arrested.

Dutch police long ago decriminalised marijuana possession. If you have 5 grams or less they won't even confiscate it from you, "it's not worth the time and paperwork hassle" said Wouter Smits, a beat cop in the Red Light District. "If we spend our night chasing minor crimes, we cannot keep the area safe from pickpockets, burglars and other criminals."

Milo represents a group of coffee shop owners, none of whom would agree to be interviewed, but he said, "the law presents coffee shop owners with a conflict of obligations, their 1st is to abide by the tobacco law but on the other hand they also have to prohibit smoking marijuana on the street and cannot send people away smoking a joint. If these facts are somehow acknowledged in court then the owners would go free and coffee shops would be granted an exception."

To date that has not happened.

It is already a difficult business according to Milo because "a coffee shop can only have a maximum of 500 grams of cannabis on hand at any time so they must continually re-supply the shop and therein lays the real problem, the front door of the shop is heavily regulated but the back door (the supply chain) is not."

The government conducts official inspections four times annually. They used to only check the coffee shop for health, safety and fire violations and the visits were without prior warning. But coffee shop owners have seen tougher inspections since before the law went into affect. Joop owns a coffee shop in a northern city and said, "since late last year local authorities have changed their policy and now not only conduct police and fire checks, but also bring city administrative and tax officers. Together they look into every room and are accompanied by police officers who do illegal searches and seizures."

Said Milo, "it represents a change in policy, an infringement of his client's rights and is fundamentally unfair... they say they are coming to see if regulations are in order but indeed come to check for soft drugs."

And the dilemma grows. No one wants to be the one to make this jurisdictional call. Said Milo, "you cannot complain to a judge - he will say you have to go to the government. You cannot complain to the DA because he says the same thing. The city also says the same. So the only place where we will ever get a definitive answer is The Hague. So I'm telling my clients to get everybody mobilised and let's go with a delegation to the Dutch Parliament's Tweede Kamer."

Said an MP from Rotterdam, who wished not to go on the record, "it's happening everywhere in Holland and is very suspicious. It's almost as if it was discussed locally as a new policy... 'let's pretend we will conduct a normal check' but instead they arrive unannounced."

Said Milo, "this is not OK if it's a tax check, why should someone from the city come unexpected? If fire safety conditions are in order, why can't they say we will be there in an hour? A building is either in good shape or not, one cannot fix a building or fire code violation in one hour's time so it is a case of entrapment. As long as the back door remains unregulated this game of cat and mouse will continue for years to come." Even when I remind him of the fuzziness of his legal standing, there is this over-riding fundamental sense of Dutch fairness.

To date there have been no challenges but everyone still walks around on tenterhooks waiting for the first test case. Meanwhile guests continue to smoke combination cannabis and tobacco joints in the coffee shops. No one pays much attention, the cat and mouse game continues and the classic Dutch response to life remains, "what goes on in your home is your business."

This journalist will be content to continue to follow both this story, and Bill Clinton's example. "I tried it once, but I didn't inhale."

Comments

[QueenOfViolets]

The global economy is collapsing. How long can Dutch officials continue to justify this kind of harassment of successful businesses that keep the peace, provide jobs and pay taxes?

These Dutch officials should bend down and kiss the ground in front of every one of these places and pray that the rest of the Dutch economy does as well in the coming years.

[Brinna]

Thanks, Mr. Campbell, for writing about the subject. I would, however, like to correct a minor point made in this article. People do not mix cannabis with tobacco because otherwise "it would be too strong and painful for the lungs". Tobacco is mixed with cannabis out of a cultural habit arising from the time that routinely, hash (or cannabis resin) was the substance readily available to smoke. Hash needs a continual flame to burn, hence it was mixed with tobacco to keep a burn going. Also, since tobacco is highly addictive, as opposed to cannabis, (which I might add, is not addictive at all) those who smoke tobacco are loathe to give up the tobacco component.

And, by the way, it's perfectly alright with me if you don't inhale tobacco since that really is bad for you, but more correctly, (according to his autobiography) Bill Clinton "couldn't inhale".

Perhaps that was why he was such a jerk about going after medical cannabis clinics, and doctors who recommended it, while he was in office. Thank the Goddess, the courts stopped him. Now, all we have to do is end cannabis prohibition here in the States, stop arresting 800,000 people a year for possessing it, regulate and tax it, and finally take sales of it out of the hands of criminals.

[rolfbron]

(continued) Last week a new law was introduced banning magic mushrooms sold in "smartshops", especially popular with tourists. An incident a few years ago of a French girl getting killed after jumping off a bridge after eating mushrooms is being used for justification. Many (in science and healthcare) have pointed out that this was an isolated incident: the use of magic mushrooms doesn"t pose any health risk, as long as accompanied with proper information, which the smartshops offer. And who will be responsible for keeping the mushrooms out of the shops? Still: political gain in the European arena speaks louder than facts: it seems that the Dutch government is fed up with being the odd one out in the global "War On Drugs". One might wonder what"s the use of these laws, if there"s no one willing to impose them. Rolf , Amsterdam

[rolfbron]

I"ll add some facts to this article: there is a ‚¬300 fee for every smoker in any cafe or coffeeshop. Not many fines have been imposed yet, because the police have other things on their minds, as the author already said. Meanwhile, discussion continues about the coffeeshop: a majority of cities and municipalities supports legalization of growth and sale of cannabis: controlled sale is preferrable to uncontrolled criminal business. But Dutch law states that smoking the stuff is legal, growing it is illegal. With recent police raids, home-growing is rapidly becoming more risky: with both the police and organized crime on your back, who to turn to? Meanwhile, a christian minister of health is getting the majority in parliament to impose "zero tolerance" policy towards coffeeshops: cities like Amsterdam have to close down a large number of coffeeshops. Several mayors (a.o. Job Cohen, Amsterdam) oppose this decision for the above reason (avoid illegal steet trade): they simply don"t have the amount of policeforce ready.

[goodog]

The insanity of lacing pot with the poison that is tobacco belies the so-called sensibility of the Dutch approach.

[karen1p]

This is exactly the reason you travel to Amsterdam. What is happening in the world when the only city that has some sense (pardon the pun) loses it.

[YellowDogInRedCounty]

They have marijuana that is so strong it must be laced with tobacco? I'm on my way.

[NoMoreFreepers]

LOL sounds too good to be true doesn't it

[Ramirez]

This is hilarious.

[chubb girl]

Actually, many people smoke straight marijuana in Holland, not just half and half joints. I'm sure that there is a way to accommodate cannabis smokers while still upholding the tobacco ban, although that does seem a little hypocritical to me.

[ThankGodforAtheists]

All the problems in the world and we have the pot smokers in Amstrerdam to worry about now?

[YellowDogInRedCounty]

Don't be so short sighted! Today it's the p0t sm0kers in Amsterdam...tomorrow it could be the p0t sm0kers here!!!!!!