A Tale of Two Countries
Dutch policy - Turning a blind eye?
Pot Night - The Book, Channel 4 Television, 1995
Neil M. Montgomery
Cannabis possession in Holland is not legal but it is tolerated.
The term 'Tuning a blind eye', often used to describe the attitude of the Dutch police towards cannabis use, is misleading because a very careful eye is kept on how much is actually used and by how many people, ensuring that it does not exceed a socially acceptable level. No special action is taken by the police to detect offences involving the possesion of drugs for personal use, which includes the selling and possessing of up to 30g (just over 1 oz) of cannabis.
Dutch criminal procedure allows for the Public Prosecutor's Department to refrain from criminal proceedings where public interest is involved, on 'grounds deriving from the general good'. This situation has led to the dealing of small quantities of cannabis in coffee-shops. The authorities keep a close watch over these points of sale and ensure that they follow the guidelines: no sale of large quantities, no sale of any other drug (e.g. cocaine, heroin), no advertisements, no encouragement to use, no sales to minors (i.e. the under-16s). The policy aims to maintain a separation between the market for drugs that present unacceptable risks and the market for cannabis, so that people who use the latter can do so openly and not slip into the fringes of society.
The Dutch authorities realise that if young people experimenting with drugs are obliged to buy cannabis on an illegal market where harder drugs are also circulating, there is a greater risk of them experimenting with, or being persuaded to use, these dangerous drugs. In the main, this attitude is keeping cannabis out of criminal circles, resulting in the demythologising of its use and making it less attractive to young people. However, some rural townships in Holland have decided not to tolerate a coffee-shop cannabis society, not as a result of disparity in policing policy but due to local social outlooks.
Both the government and the community of cannabis users and retailers - the coffee-shop owners have now formed a trade union - are aware that the legal situation is not ideal. Ongoing political discussion is attempting to come up with a reasonable solution, and so far, it would appear that the strongest lobby is one that does not support complete legalisation but allows for a regulated amount of domestically produced cannabis.
There are several reasons offered for why this approach should be adopted:
- The sale and distribution of cannabis would not become attractive to large corporations.
- The obvious mass cultivation of the plant would be relatively easy to detect and control.
- The exchange of small quantities between individuals would maintain a market of variety and quality, thus disabling organised, international trafficking.
- And since it is the only plant which it is illegal to grow, this policy would also deal with the human rights issue.
The constant dialogue between the authorities and society in the Netherlands on the cannabis issue is resulting in the gradual development of the law surrounding it into a more socially aware structure. However, until changes are made, it is advisable for visitors to respect the law in Holland for what it is: cannabis can be possessed, used and sold in quantities up to 30 g with little chance of prosecution; above and beyond that, possession and trafficking are still considered punishable offences.