The ban on indoor tobacco smoking in Holland affects the country’s coffee shops where patrons have been smoking marijuana with relative freedom since the mid 1970s. Following the ban, patrons of these bars cannot smoke marijuana mixed with tobacco; they can only smoke pure unadulterated marijuana.
The nation’s 720 coffee shops sell drinks, food, rolling paper and - more important to their patrons - pre-rolled marijuana joints at about 3.50 Euros each as well as hashish for as much as 18 Euros a gram. The law permits stocks of up to 500 grams on the premises, while individuals found with less than 5 grams are not prosecuted.
The Dutch have to tolerate some cynicism and possible bemusement from people around the world who are scratching their heads to figure out what seems to be one ingredient missing elsewhere that flourishes in Dutch society. In most countries the possession of a grain of marijuana will send someone to jail. The Dutch policy on marijuana is twofold.
First, drug use, including the use of marijuana is a health matter, not a justification for convicting a fellow citizen. You don’t send an alcoholic to jail; at the very least, you introduce him to Alcoholics Anonymous or help him to overcome the addiction in some other manner.
The second aspect of this policy distinguishes soft drugs and hard drugs. Marijuana is categorised as a soft drug and little law enforcement energy is directed against it.
In addition, most Dutch policymakers seem to be convinced that the problem of drug use has proved unsolvable, and therefore the best approach is to attempt to control it rather than throw resources into measures that have produced mixed results.
In other words, if you can’t beat them, tolerate them. The interesting fact is the policies seem to be working. According to the United Nations Office on Drugs and Crime, Holland ranks in the middle, lower than the United States, France, and England.
This partly explains the existence of the coffee shops in the Netherlands, where although, technically, cannabis is an illegal substance the authorities choose what is called a pragmatic drug policy that concentrates on control of hard drugs such as heroin.
But whatever the motives driving Dutch policy on drug use, it still seems odd that someone in Holland can get into more trouble smoking tobacco than marijuana.
In defending the decision to ban smoking in public places Dutch Prime Minister Jan Peter Balkenende said, “It would have been wrong to move towards a smoke-free catering industry and then make an exception for coffee shops. People would not have understood that."
The Dutch would not have understood that, but the rest of the world is desperately trying to make sense of a country that is a signatory to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which requires states to criminalize drug possession, and yet in 2001 allowed the sale of cannabis worth $US1.86 billion.
Legal experts say there are enough loopholes in various conventions against illegal drugs to allow countries such as Holland some creativity in how it deals with drug possession. The conventions state that possession of drugs should be an offence under domestic criminal law. However, the conventions do not say that the law has to be enforced.
It would appear that prevailing Dutch policies, set by past and the current dministration,were geared at catering to the various needs of its citizens: in one instance allowing use of soft drugs to those who are addicted, and in another protecting the health of those who may be affected by passive tobacco smoke by imposing the smoking ban although the ban was also complying to EU regulations.
But there is fear that the current government is trying to reverse the existing relaxed attitude on drugs; when coffee shops close the government has not renewed licences.
On the other hand, the country is the second largest spender on anti-drug related programmes, after Sweden, in the European Union apportioning 75 percent of funds to law enforcement including police,army, and customs and finance guards.
If our parliament should pass legislation banning beer drinking effective today and yet continue to licence Tanzanians to operate bars, it would create considerable confusion among many except perhaps to the drinkers, the brewers, and the bar owners. I suspect similar sentiments are felt in Holland.