AND JUSTICE A SERIES FROM THE RESEARCH
AND DOCUMENTATION CENTRE
BETWEEN
PROHIBITION
AND LEGALIZATION THE DUTCH
EXPERIMENT
IN DRUG POLICY
EDITED BY ED. LEUW AND 1. HAEN MARSHALL
KUGLER PUBLICATIONS
,
AMSTERDAM/NEW YORK r Na 1010 I
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IX. THE DEVELOPMENT OF A "LEGAL"
CONSUMERS' MARKET FOR CANNABIS:
THE "COFFEE SHOP" PHENOMENON
A.C.M. Jansen
"Coffee shop": place where one may buy small quantities of hashish and marihuana for personal consumption....
1. Introduction
This chapter focuses on the uniquely Dutch institution of the "hash coffee shop". Hash coffee shops represent a commercialization of the cannabis trade - a trade which, although in principle still a penal offense, is in practice tolerated at the retail level. The commercialization of can- nabis sales - especially when conducted in establishments comparable to traditional bars or "normal" coffee shops, played an extremely important role in the gradual acceptance by Dutch society of cannabis as "just another stimulant", comparable to alcohol.
As this chapter will show, the commercialization of cannabis took place only gradually and under conditions imposed by the govemment.
Soft drug policy in the Netherlands, as in many other countries, was fairly repressive throughout the 1960s. The 1970s showed the beginning of more tolerance towards the use of soft drugs, culminating in the re- vised 1976 Opium Act. In Amsterdam, as in other large Dutch cities, there were initially numerous frictions between the operators of the coffee shops and the authorities. Gradually, a policy of "toleration"
developed, characterized by fairly strict conditions imposed on the opera- tion of the coffee shops.
This chapter describes how Dutch drug policy has been fairly success- ful in the integration of soft drugs into Dutch society. The semi-legal entrepreneurs running the coffee shops, without ever losing sight of their economic interests, have been important contributors to the achievement of one of the main aims of Dutch drug policy: a strict separation between the trade in soft and hard drugs.
After a brief discussion of developments in Dutch soft drug policy, the
chapter provides a description of Amsterdam hash coffee shops. After
that, we attempt to account for the fact that the "hash coffee shop" ap-
pears to be a phenomenon which exists only in the Netherlands. Finally,
the "success story" of the hash coffee shops should not blind us to the fact that there still exist many cases of misunderstanding, ignorance, and ambiguity concerning cannabis in the Netherlands - the focus of the last section of this chapter.
2. Soft drugs policy and the emergence of coffee shops in the Netherlands
By the 1980s, drug use had become such a pervasive phenomenon in the Netherlands that law enforcement priorities had to be set, resulting in prosecutorial guidelines even more lenient than originally envisioned by the 1976 law. The development of guidelines with regard to the in- vestigation, prosecution and sentencing of drug offenses is based on one of the basic foundations of Dutch criminal procedure: the expediency principle. This principle (Van Vliet 1989:8) empowers the Public Pros- ecutor's Office to refrain from initiating criminal proceedings "on grounds derived from public interest". In 1980, the Ministry of Justice issued a set of guidelines for the investigation and prosecution of of- fenses under the Opium Act. These guidelines are interpreted at a local level in the different judiciary districts of the country through a process of "triangular consultation" (i.e., consultation between the Public Pros- ecutor, the Mayor, and the Chief of Police). This decentralized approach results in a variable prosecution policy, ranging from rather strict to lenient. Typically, the policy is less strict in major cities than in the smaller towns and villages, reflecting differences in community stan- dards, extent of drug problem, and so on. Generally speaking, soft drug policy is most tolerant in the urbanized western part of the Netherlands.
Soon after the "Guidelines for the investigation and prosecution of of- fenses under the Opium Act" had been issued, the Mayor of Amsterdam announced that "relatively low priority" would be given to the investiga- tion of the commercial retail trade in cannabis products taking place in
"certain places", provided that some conditions were met. Two of the more important conditions were a ban on public advertising, and abso- lutely no sale of hard drugs. Violation of the latter condition would not only result in possible incarceration, but in economic sanctions as well:
the establishment would be closed immediately. In this manner, the city
of Amsterdam used both a "carrot" and a "stick": the opportunity to make
a profit and to conduct business in a relatively undisturbed way repre-
sented the carrot; a relatively harsh penalty when violating the ban on
the sale of hard drugs represented the stick. This policy which essentially
condoned and "normalized" the use and retail sale of soft drugs, was a
Fig. 1.
weighty factor in the rapid proliferation of hash coffee shops in the larger Dutch cities.
The "coffee shop" was not newly invented just for the consumption of cannabis (Korf 1990). To the contrary, the "koffiehuis" is one of the traditional Dutch public places - a place where one goes to have coffee, eat, read a newspaper, and meet friends. It is an alcohol-free cafe. Com- pared to places with a liquor license, there are virtually no rules or reg- ulations regarding its establishment. In the late 1970s, the owners of some of these coffee shops tolerated the occasional sale of soft drugs by small dealers. The sale of soft drugs gradually became an essential part of the income of coffee shops. Coffee shops that were selling soft drugs in the pre-regulation days soon established "house rules": No hard drugs allowed. No dealing in stolen goods. No violence. In case of violation of any of these rules, the police would be called. Sometimes a square- shouldered person was hired to enforce compliance with the house rules, and these "enforcers" were anything but superfluous: keeping hard drugs out of the soft drug use and trade was not accomplished without, literally, striking a blow.
This means that the local interpretation of the expediency principle in the city of Amsterdam (as well as in other cities) was more or less de- termined by existing practice: a number of coffee shops, serviced by a
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Arb.
1. Alles wat te maken heeft met handel en gebruik van "Hard Drugs" is ten strengste verboden.
2. Aggressie wordt niet getolereerd.
3. Geen toegang onder de 16 jaar.
de Direkbe
1. Everything involved in the dealing and use of "Hard Drugs" is strictly forbidden.
2.Aggression will not be tolerated.
3.No entrance under the age of 16.
the Management.
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