Rampant sexuality, and parties in the streets, right?
Not exactly, according to drug policy expert and criminology lecturer Dr. Tim, a faculty member at the University of Utrecht. The Dutch grey area regarding drug policy and legislation requires some explanation for both tourists and sometimes residents, and recently Cannabis City was able to ply this knowledgeable professor for some clarification.
CC: What is the legal status of Cannabis in the Netherlands?
Dr. Tim: Many visitors think Cannabis is legal in Holland because it’s sold in shops, in ‘coffeeshops.’ Unlike what many people think, Cannabis is actually illegal, technically it’s illegal. But the possession and sales are allowed in the coffeeshops. The reason why it’s allowed in the coffeeshops is because of public health concerns. It’s considered an interest of public health to not criminalise or penalise usage of Cannabis and allow them to buy Cannabis without legal consequences.
CC: Why is Cannabis illegal?
Dr. Tim: Cannabis became internationally illegal in 1925 at the [Opium] Conference in Geneva. Cannabis was added to the list of illegal substances such as opium, cocaine, heroin and morphine that were internationally ‘controlled’ since 1912.
It’s quite surprising that it became illegal without a real discussion regarding the benefits or dangers of the plant.
Cannabis was added in 1925 at the proposal of an Egyptian delegate. Even though Cannabis prohibition was not on the agenda, since there were no documents nobody objected to the Egyptian proposition and Cannabis was added to the list of prohibited substances.
It’s quite surprising that it became illegal without a real discussion regarding the benefits or dangers of the plant.
CC: Is there currently an active international discussion on drugs?
Dr. Tim: There is a new UN meeting in 2008 and 2009 where there will be more fundamental discussions on the position of Cannabis and other drugs in the international drug treaties.
There are actually three treaties that make drugs illegal: the UN Single Convention on Narcotic Drugs of 1961, Convention on Psychotropic Substances 1971 and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. There is a possibility of discussing alternatives for the drug policy.
CC: What can activists do on a personal or community level?
Dr. Tim: I think activists can do a lot. Because there is, in the inter- national meetings, a lot of criticism on the current international model on drugs prohibition by academics and NGOs. Many specialists think there are more effective alternatives starting with harm reduction, but especially with Cannabis also maybe on regulation or legalisation. These issues are discussed in more intellectual circles but it would be good if we as a movement can join that whole for a change of international drug prohibition.
Drug prohibition has already been criticised for a long time, since the UN drug summit in ‘98 when the UN General Assembly was in Special Session (UNGASS) in New York. There was an open letter from 600 people from all over the world to Kofi Annan published in the New York Times. Annan then was asked for an open debate on international drug policies, because these people were of the opinion that drug prohibition and the War on Drugs were causing more harm than the drug itself. So basically the remedy was worse than the disease. Drug prohibition, drug control is causing more social harm than the disease, the so-called ‘disease’ known as drug use.
This is growing, this criticism is growing, so it’s actually logical and effective if grass roots movements move in too, to ask for change and ask their local governments… to seriously evaluate the effectiveness of their policies or see if there are maybe alternatives that are workable.
The sale of Cannabis is allowed but the supply to the shop is illegal
CC: What are the positions of the Dutch government and Parliament regarding Cannabis?
Dr. Tim: Their positions are not really the same; the Dutch Parliament over the last few years has been a majority wanting to have an experiment on legal supplies to coffeeshops, which is one of the big controversies of the Dutch Coffeeshop system: that the sale of Cannabis is allowed but the supply to the shop is illegal. This is the so-called ‘front-door/ back- door’ problem.
Local municipalities want to change this and want to have legal supplies of Cannabis- a legal product- not illegally produced- which causes problems. But the national government doesn’t allow this for international reasons, which are the UN treaties of 1961, 1971 and 1988 as well as for the other countries involved that are not ready yet for a change in their Cannabis policies, and who sometimes put pressure on the Dutch government to tighten, or not further liberalise its drug policy
Originally published in our Free Amsterdam ‘Cannabis City’ newspaper Sept – 2008
