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Alice Smeets for The New York Times Many of the customers for legal drugs in Maastricht, the Netherlands, are young people, and most of them are foreigners – NYT

Two popular reasons are usually given to support decriminalizing the possession of the ‘softer drugs’ like marijuana and cannabis in Barbados. Many cite studies which support marijuana use because it is a vegetable matter, it is naturally received by the body and it has medicinal influence. In many countries the use of marijuana is prescribed for specific ailments. Did anyone watch Willie Nelson on Larry King recently? The guy admitted he has been puffing the weed daily for years.

The other reason is the extent to which people charged with possession of the softer drugs help to create congestion in the Court System and therefore negatively influence how justice is dispensed. It is no secret there is a criminal underworld which supports the drug trade and to abolish serious penalties of possession of the softer drugs would go a long way towards its dismantlement.

A BU family member recently read about the negative effect the 13 Coffee Shops (Marijuana/hashish can be purchased legally) in the Netherlands are having on that country. The Dutch cities where the Coffee Shops are located attract high traffic from the ‘drug tourists’ who become the target for criminal activity. Bear in mind freedom to travel cross-border under the EU arrangement makes it difficulty to ban travel. The matter is currently being tested in the European Court of Justice. A unique solution designed to protect Dutch youth has now been abused because of the open borders brought about by the EU arrangement. To quote the article ‘allowing one country’s security concerns to override the European Union’s guarantee of a unified and unfettered market for goods and services.’

The predicament the Dutch currently finds itself and specifically the 13 cities where the Coffee Shops are located represent learning for Barbados. To those who are proponents of decriminalizing soft drugs in a CSME arrangement – what of it? If Barbados were to go that route wouldn’t the drug tourists flood Barbados in the same way they do the Netherlands from the EU border countries?

The point the BU family member wants to share is to highlight how the Dutch experiment has gone bad. What can we learn from it? The article from the New York Times is copy and pasted below for easy access.

A Dutch City Seeks to End Drug Tourism

By SUZANNE DALEY

Published: August 17, 2010

MAASTRICHT, the Netherlands — On a recent summer night, Marc Josemans’s Easy Going Coffee Shop was packed. The lines to buy marijuana and hashish stretched to the reception area where customers waited behind glass barriers.

Thousands of “drug tourists” sweep into this small, picturesque city in the southeastern part of the Netherlands every day — as many as two million a year, city officials say. Their sole purpose is to visit the city’s 13 “coffee shops,” where they can buy varieties of marijuana with names like Big Bud, Amnesia and Gold Palm without fear of prosecution.

It is an attraction Maastricht and other Dutch border cities would now gladly do without. Struggling to reduce traffic jams and a high crime rate, the city is pushing to make its legalized use of recreational drugs a Dutch-only policy, banning sales to foreigners who cross the border to indulge. But whether the European Union’s free trade laws will allow that is another matter.

The case, now wending its way through the courts, is being closely watched by legal scholars as a test of whether the European Court of Justice will carve out an exception to trade rules — allowing one country’s security concerns to override the European Union’s guarantee of a unified and unfettered market for goods and services.

City officials say they have watched with horror as a drug tolerance policy intended to keep Dutch youth safe — and established long before Europe’s borders became so porous — has morphed into something else entirely. Municipalities like Maastricht, in easy driving distance from Belgium, France and Germany, have become regional drug supply hubs.

Maastricht now has a crime rate three times that of similar-size Dutch cities farther from the border. “They come with their cars and they make a lot of noise and so on,” said Gerd Leers, who was mayor of Maastricht for eight years. “But the worst part is that this group, this enormous group, is such an attractive target for criminals who want to sell their own stuff, hard stuff, and they are here too now.”

In recent years, crime in Maastricht, a city of cobblestone lanes and medieval structures, has included a shootout on the highway, involving a Bulgarian assassin hired to kill a rival drug producer.

Mr. Leers used to call the possibility of banning sales to foreigners a long shot. But last month, Maastricht won an early round. The advocate general for the European Court of Justice, Yves Bot, issued a finding that “narcotics, including cannabis, are not goods like others and their sale does not benefit from the freedoms of movement guaranteed by European law.”

Mr. Leers called the ruling “very encouraging.” Coffee shop owners saw it differently.

“There is no way this will hold up,” said John Deckers, a spokesman for the Maastricht coffee shop owners’ association. “It is discrimination against other European Union citizens.”

If Maastricht gets its way, many other Dutch municipalities will doubtless follow. Last year, two small Dutch towns, Rosendal and Bergen op Zoom, decided to close all their coffee shops after surveys showed that most of their customers were foreigners.

The situation has not made for good neighborly feelings. Many residents of border towns criticize Belgium, France and Germany for tolerating recreational drug use but banning the sale of drugs. “They don’t punish small buyers,” said Cyrille Fijnaut, a professor at the University of Tilburg law school. “But they also don’t have their own coffee shops, so that leaves us as the suppliers. Our policy has been abused, misused, totally perverted.”

As business has boomed, many of the Dutch coffee shops — dingy, hippie establishments in the ’80s and ’90s with a few plastic tubs of marijuana on the shelves — have become slick shops serving freshly squeezed orange juice and coffee in fine china.

The Easy Going Coffee Shop has a computer console at the door where identification documents proving that customers are 18 or older are scanned and recorded. Tiny pictures on driver’s licenses are blown up to life-size on a screen, so guards can get a good look at them. Behind the teller windows, workers still cut the hashish with a big kitchen knife, but all sales are recorded on computerized cash registers.

Mr. Bot’s ruling last month is only an early step in determining whether Maastricht can enforce a Dutch-only policy. A final ruling by the full court is expected by the end of the year.

But Mr. Bot’s finding, a veritable tirade on the evils of drugs, surprised many legal scholars, who expected the European Union’s open market rules to trump any public order arguments, as they have in other cases. Sweden, for instance, which has a long history of struggling with alcohol abuse, was obliged to take down most of its anti-alcohol laws restricting store hours and sales, as they were seen as impinging on free trade.

Polls show that a majority of the Dutch still believe that the coffee shops should exist. But the Netherlands once had 1,500 of them; now, there are about 700. And every year, the numbers decline, according to Nicole Maalste, a professor at the University of Tilburg who has written a book on the subject. “Slowly, slowly they are being closed down by inventing new rules, and new rules,” Ms. Maalste said.

Much of the criminality associated with the coffee shops, experts say, revolves around what people here call the “back door” problem. The government regulates what goes on in coffee shops. But it has never legalized or regulated how the stores get the drugs they sell — an issue that states in the United States that have legalized medical marijuana are just beginning to grapple with.

In recent years, the tremendous volume of sales created by foreigners has prompted an industry of cultivating cannabis and other drugs within the Netherlands — some estimate that it is now a $2 billion a year business — much of it tangled in organized crime and money laundering operations, experts say.

Advocates for legalized sales and coffee shop owners argue that trying to restrict foreigners will only encourage them to buy illegally in the streets. They also say that coffee shops have other selling points: they pay 450 million euros a year in taxes and provide thousands of jobs.

Mr. Deckers, the shop association spokesman, said coffee shop owners were so skeptical that the European Union would allow restrictions on sales based on nationality that they encouraged the city to get a ruling on the subject. They doubt Mr. Bot’s arguments will stand. “We know he is wrong,” Mr. Deckers said.

A version of this article appeared in print on August 18, 2010, on page A1 of the New York edition.

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53 responses to “Decriminalizing Drugs Brings Its Challenges In A Common Market Arrangement – Just Ask The Dutch”


  1. @maat

    I appreciate you taking the time to read what i posted and reply to it. I agree with what you are saying and the use of marijuana for medicinal purposes is becoming necessary to battle different illnesses. One of my main points i was trying to get across was the fact that it is becoming too expensive to keep charging and sending people to jail for possession of it. We could save this money and direct it elsewhere in our economy and it would only benefit the government..i see it as a win win situation for them..save money and make money and eliminate drug smugglers and gangs from selling it tax free and creating a billion dollar industry out of it because it is prohibited. In my opinion, talks of it being legalized would threaten the very existence of marijuana being smuggled into the country and that is a loss for the gangs and a win for the government in battling drug activity. I agree with what you said that maybe the push for it being legalized based on recreational use might be too much for society to handle at this point but the truth is society is being hurt from this, especially the economy.

    If someone is sent to prison for possession then they have a criminal record i believe( Im not 100% sure about this) and does that then not harm employment for the individual after?..I think it is safe to say that Barbadians either have a very strong view that opposes legalization of it or supports legalization of it but i am confused as to why?..

    To me this becomes somewhat of a philosophical issue with what society accepts to be normal and then what it does not. I don’t what to repeat myself about alcohol use or smoking cigarettes but society should really re-think what they allow…

    I do not know how it would be made possible but i think it would be very interesting to see a poll on what the Barbadian community thinks about this issue.

    However, it seems as though this issue is not really a top concern for Barbados at this moment but i thought i would try to revive the discussion so that maybe someone could share their views on the subject and i thank you for doing so.


  2. Firstly, on the issue of changes or potential changes in the law, I would suggest that there are two reasons.

    Firstly, changes in the law, should and *MUST* include adequate discourse, assessment and consensus, before such are made.

    As such, even as witnessed by a recent event, do not take place before urgent need. This makes such changes reactionary and ill-conceived rather than planned and proactive, for-ward thinking activity.

    My opinion is that enough are not aware of the ‘law’ or at least of general requirements, that such discourse takes place and as such, we remain with many remedies that are no longer applicable.

    Secondly, there is much hypopcrisy here, as for example, labelling a person a ‘uller or lesbian, not really in anger but in jest probably, yet in reality homosexuality has been and is accepted here for many years, even to the point of various high profile individuals who are accepted widely, have been and more too, have what is now called ‘alternative lifestyles’.

    Therefore, that the law has not been amended for this one at least, is a matter of disinterest, systemic lethargy as well as some element of hypocrisy.

    Just playing devil’s advocate here, if one of us saw a neighbour being visited late at night by a member of the same sex, regularly, none of us would rush to call the Police, but would probably ignore it, smile and talk to the neighbour normally, maybe even jest to a close friend that ‘x got a fella ya know’ or such, but really we would accept it as fine.

    I think it is becoming less and less, that we ‘label’ a person as ‘homosexual’ if we see them out with a same sex partner, but accept it , as we should, as their life choice.

    So, the law is irrelevant in this case.

    Aside from the systemic issues of legal change are the ‘fine principles’ that could shut the argument early.

    For example, in the sexual choice debate, if we see a fellow out with a nineteen year old girl we may say that he is pushing the envelope on age there, yet not really see an issue…BUT, if we see a fellow out with a nineteen year old boy, we may say that he is ‘trying to bend or convert that boy’.

    Likewise, with marijuane there is certainly some element of relief at least offered to sufferers of chronic pain, but also evidence that abuse will affect the lungs/ brain.

    So, how does one break the line in the ‘fine argument’?

    A rebuttal that alcohol is destructive may be comparative but would not fly, as alcohol is already legal, stable gate already open anyway.

    The solution for these issues is that more dialogue must take place, maybe led by freedom rights and constitutional lawyers, stakeholders sufferers of chronic pain, free lisestyle choice groups, general community leaders i.e. teachers, Police, doctors etc, to bring about knowledgeable change and suggestions.


  3. A parallel issue is the recent announcement that the British will be withdrawing significant assets which were deployed in counter-narcotics moves. We want to keep the thing legal but our defence against the drugs entering society weakens in comparison to the criminals.

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