February 17, 2023

Is Weed Legal in The Netherlands?

Due to its long history and cultural significance in the Netherlands, cannabis is considered a significant part of Amsterdam’s identity, and the Dutch laws surrounding it have earned the city the nickname “The City of Freedom. But is Amsterdam really that free regarding cannabis? 

Short answer: no, we aren’t that free. Cannabis is technically still illegal in The Netherlands. The Dutch government has taken a unique approach to managing it’s use. In Dutch we call it: ‘Het Gedoogbeleid’. It translates to ‘tolerance policy’. It has been like this since 1976. That’s almost 50 years already! But what does that mean? And why doesn’t the Dutch government just legalize already?

**Coffeeshops **

In the Netherlands you have been allowed to buy hashish or weed at coffeeshops since 1976. Coffeeshops are establishments where customers can purchase and consume cannabis in a controlled environment. These coffeeshops are licensed and regulated, and the sale of cannabis is strictly controlled. How the shops get their product is formally a mystery since cultivation is prohibited, and coffeeshops can’t purchase cannabis. Yes, it’s confusing.

Gedoogbeleid

While possession and use of cannabis are technically illegal in the Netherlands, the government has chosen not to actively enforce the law for small amounts of cannabis. So possession of up to 5 grams for personal use is decriminalised, however, the police may still confiscate it. The government allows the sale of cannabis in licensed coffeeshop and tolerates the possession and use of small amounts of cannabis for personal use within those establishments.
It’s important to note that ‘gedogen’ still doesn’t mean legal - cannabis is still technically illegal, but the government chooses not to prosecute in certain circumstances. Still following?

Is it allowed to smoke weed in public in Amsterdam?

While it is technically illegal to smoke weed in public places throughout the Netherlands, including Amsterdam, you will see lots of people smoke in public. And especially in Amsterdam, it’s highly unlikely you’ll get in trouble for this. But remember: smoking weed in public is prohibited, you can consume cannabis in a coffeeshop without fear of prosecution.

So what is the problem?

Notably absent from toleration of consuming cannabis, is the cultivation of the plant. This has led to a seemingly paradoxical system where coffee shops are allowed to sell soft drugs but where production is nearly always punished. This is referred to as the backdoor problem. Significantly, the quirks of the system’s evolution have led to the paradox that while sales are de facto legalized, the coffeeshops are still supplied via an illegal production system. Criticism has been raised over the years against continued prosecution of cannabis growers.
Another major obstacle that coffeeshops in Amsterdam encounter is the inability to verify the quality and potency of the cannabis products they sell. Legal uncertainties related to the sale of cannabis in the Netherlands mean that coffeeshops are not authorized to conduct tests on their products, leading to possible inconsistencies and safety issues for those who use them. As a result, some coffeeshops may resort to using illegal laboratories to determine the quality and safety of their products.

The weed experiment

A significant change occurred in early 2017, when a slight majority in the House of Representatives allowed for a law to pass that would partly legalize production of cannabis. In late 2017, the newly formed coalition announced that they would seek to implement an experimental new system in certain cities where coffee shops could legally acquire cannabis from a state-appointed producer.
The government hopes that by regulating the production and supply of cannabis, they will be able to reduce the involvement of organized crime in the industry, increase transparency, and better protect public health. However, the experiment is not without controversy, with some critics arguing that it does not go far enough and that it may lead to an increase in drug tourism.
Despite the controversy, the Dutch government is committed to the experiment and is taking steps to ensure its success. The state-regulated growers will be carefully selected and will be subject to rigorous testing and inspection. The government will also closely monitor the experiment and evaluate its impact on public health, safety, and crime.
If successful, the weed experiment could serve as a model for other countries that are grappling with similar issues related to the legalization of cannabis. By regulating the production and sale of cannabis, governments can better protect public health, reduce crime, and ensure that people have access to safe and high-quality products. Maybe in the future, Amsterdam will be the cannabis capital of the world once again.

Want to know more on the history of weed in Amsterdam and the Netherlands? Check it out!