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Cannabis Legalization in Holland

from Wikipedia

So what is really going on in the Netherlands? Legal or not?

The drug policy of the Netherlands is based on two principles:

Drug use is a public health issue, not a criminal matter.
A distinction between hard drugs and soft drugs exists.

This is a pragmatic policy: Most policymakers in the Netherlands believe that if a problem has proved to be unstoppable, it is better to try controlling it instead of continuing to enforce laws that have shown to be unable to stop the problem. Most other countries take the point of view that drugs are bad and must be outlawed, whether that course of action yields any results or not. This has caused friction between the Netherlands and other countries, most notably with France and Germany.

As of 2004, Belgium seems to be moving toward the Dutch model and a few local German legislators are calling for experiments based on the Dutch model. Switzerland has had long and heated parliamentary debates about whether to follow the Dutch model, but finally decided against it in 2004; currently a ballot initiative is in the works on the question.

Non-enforcement
Cannabis remains a controlled substance in the Netherlands and both possession and production for personal use are still misdemeanors, punishable by fine. Coffee shops are also illegal according to the statutes. However, a policy of non-enforcement has lead to a common reliance upon non-enforcement, and courts have ruled against the government when individual cases were prosecuted.

This is thanks to the a gedoogbeleid (policy of tolerance), applied by Dutch Ministry of Justice, with regard to soft drugs: an official set of guidelines telling public prosecutors under which circumstances offenders should not be prosecuted. This is a more official version of the common practice in other countries, where law enforcement sets priorities as to which offenses are important enough to spend limited resources on.

Supporters of gedoogbeleid argue that such a policy offers more consistency in legal protection in practice. Opponents either call for full legalization, or argue that laws should penalize morally wrong or decadent behavior, whether enforceable or not. In the Dutch courts, however, the institutionalized non-enforcement with well defined limits constitutes de facto decriminalization. The statutes are kept on the books mainly due to international pressure and in adherence with international treaties.

Public health
The use of soft drugs is not de facto prohibited, on the principle that it is not illegal to hurt yourself; however, you remain liable for the consequences of your actions. Because of this, users are not prosecuted for possession of small quantities of soft drugs ("for personal use"). Driving under the influence of drugs is nevertheless prohibited, as is being under the influence in public (of either alcohol or other drugs), mainly from a public nuisance perspective.

Hard drugs/soft drugs
A distinction is drawn between hard drugs (which bear "unacceptable" risks; e.g. cocaine, heroin and ecstasy) and soft drugs (e.g. the psychedelic psilocybin mushrooms and cannabis products: hashish and marijuana). The distinction is drawn on whether the substance is only psychologically addictive (i.e. only moderate craving when withdrawn) or also physically addictive (i.e. the drug could cause dangerous withdrawal symptoms and/or lasting physical damage). One of the main aims of this policy is to separate the markets for soft and hard drugs so that soft drug users are less likely to come into contact with hard drugs. This policy also aims to take the soft drug market out of the hands of the criminals, thus reducing crime.

Coffeeshops may sell soft drugs openly, and keep more supplies than the amounts allowed by law for personal use (though they are only allowed to sell individual customers the amount for personal use). The coffeeshops' wholesale suppliers, however, are still criminalized. "Personal use" is defined as 5 cannabis plants per person for growing, or possession of 5 grams of hashish or marijuana per person. Example of sentence in 2004 for possession of 360 grams: confiscation and a fine of €750. Coffeeshops pay taxes just like any other business, though there are some special exemptions for them, mostly because they cannot show receipts for their supply of marijuana.

Large-scale dealing, production, import and export are prosecuted to the fullest extent of the law, even if this supplies end users or coffeeshops with the allowed amounts. Exactly how coffeeshops get their supplies is rarely investigated, however. What is certain is that coffeeshops do sell cannabis that comes from countries where it is illegal. Large suppliers tend to be criminals motivated by profit who do not make the distinction between hard and soft drugs. Hence, the soft drug policy, by failing to address the issue of cultivation and supply, has made the Netherlands the main centre for hard drug trafficking in Europe. Creating a highly controlled, legal production chain for cannabis to combat this problem has been proposed by a number of Dutch politicians over the last few years. By the end of 2005, the majority of the Dutch Parliament was in favour of an experiment with controlled cultivation and production of cannabis. It is still uncertain when and how this experiment will take place, due to judicial issues.

Hard drug policies
Despite the high priority given by the government to fighting narcotics trafficking, the Netherlands is still a major transit point, producer, exporter, and consumer of drugs. However, the country's special synthetic drug unit, set up in 1997, appears to be successful in tightening enforcement. In addition, unlike most countries' policies, the Dutch policy has achieved positive results in the war against drugs. The Netherlands spends more than €130 million annually on facilities for addicts, and has extensive demand reduction programs, reaching about 90% of the country's hard drug users. The number of hard drug addicts has stabilized, and the number of drug-related deaths in the country remains the lowest in Europe.

Implications of international law
The Netherlands is a party to the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The 1961 convention prohibits cultivation and trade of naturally-occurring drugs such as cannabis; the 1971 treaty bans the manufacture and trafficking of synthetic drugs such as barbituates and amphetamines; and the 1988 convention requires states to criminalize illicit drug possession.

According to these, states must prosecute drug possession offenses. The conventions clearly state that controlled substances are to be restricted to scientific and medical uses. However, the treaties have enough ambiguities and loopholes. The conventions say that there must be an offence under domestic criminal law, it does not say that the law has to be enforced, or that when it is what sanctions should apply.

The Netherlands policy of keeping anti-drug laws on the books while limiting enforcement of certain offenses is designed to reduce harm while still complying with the letter of international drug control treaties, and avoiding criticism from the International Narcotics Board.

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