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Cannabis Commerce Experiment In The Netherlands Will Not Include Amsterdam

Cannabis trials, which permit consumers, growers, and retailers to participate in legal cannabis commerce for research purposes, were first proposed in the Netherlands in 2017 as part of a governing coalition agreement. The first trials officially launched in Breda and Tilburg in December 2023 after many delays.

Arnhem, Almere, Groningen, Heerlen, Hellevoetsluis, Maastricht, Nijmegen, and Zaanstad are other municipalities in the Netherlands selected for cannabis trials. However, a proposal to expand the cannabis trials to include the Amsterdam-Oost district was recently denied by members of the Netherlands Parliament.

Another set of motions, which would have either permanently ended cannabis trials in the Netherlands, or temporarily halted the public policy experiment, was also considered and denied by members of the Netherlands Parliament.

The set of motions was supported by members of the PVV, the largest party in the current governing coalition following recent elections. The proposal to permanently end cannabis pilot projects lost by a vote of 110-40, and the proposal to temporarily halt the pilot programs less than four months after they initially launched lost by a vote of 99-51.

Adult-use regional cannabis commerce pilot programs are already operating in multiple jurisdictions in Switzerland, and are also being proposed in Germany as part of the nation’s legalization model. German pilot programs are part of the ‘second pillar’ or phase of Germany’s legalization plan.

Such programs serve as a public policy experiment in which limited cannabis commerce is permitted to gather data and other information. In theory, the research gathered as part of an adult-use regional cannabis commerce pilot program can be used by lawmakers and regulators to be better suited when crafting national policies, rules, and regulations.

“The aim of the experiment is to ascertain whether or not it is possible to regulate a quality-controlled supply of cannabis to coffee shops and to study the effects of a regulated supply chain on crime, safety, public nuisance and public health. In order to allow the experiment to take place, special legislation must be adopted.” the Netherlands’ government stated when pilot programs were first proposed.

On January 22, 2019, the nation’s House of Representatives adopted a controlled cannabis supply chain experiment measure, followed by passage in the Senate on November 12, 2019. That afforded some of the estimated 570 cannabis-selling coffee shops in the country a path to participate in the eventual trials.

The initial timeline to launch the trials was 2021, however, that did not happen. The same was true for 2022, with the year coming and going and the Netherlands seeming to be no closer to achieving the full implementation of initial cannabis trials. The delays were reportedly due to a lack of legal supply at the time.

At one point in 2023, it appeared that the whole year would be lost to more delays, with the nation’s Health Minister Ernst Kuipers indicating that they did not want to roll out the trials in phases. A phased implementation was ultimately pursued. There appears to be no official timeline for the launch of additional pilot programs in the Netherlands.

Will Amsterdam’s New Cannabis Smoking Ban Become A Trend?

Amsterdam is one of the most popular cannabis tourism destinations on earth, and for many years, the European city was the undeniable world champion of social cannabis use. It’s not a coincidence that the Cannabis Cup was held there, and only there, for a long time. Yet, in recent years Amsterdam has ceded ground to several other cities when it comes to cannabis tourism, and thanks to a pending policy regarding outdoor cannabis use, it’s possible that Amsterdam could become even less popular with cannabis tourists in the near future.

Starting in May, a new policy will take effect that bans outdoor cannabis consumption in Amsterdam’s famous Red Light District. It is estimated that 18 million tourists visit Amsterdam annually, and tourism activity in the Red Light District has yielded complaints from local residents, including complaints about the smell of smoked cannabis in the area. In addition to the cannabis smoking ban, Amsterdam is planning on toughening rules related to alcohol sales, as well as limiting bar and brothel hours.

Smoking As A Nuisance And Public Health Concern

Some people, myself included, do not mind the smell of cannabis. I live in the State of Oregon where cannabis is legal, and while public consumption carries a fine, smelling cannabis smoke while I am walking around town is still very common. I personally enjoy the smell of it and it makes me smile. However, my opinion is just one of many, and there are many people that do not like the smell of cannabis smoke, or any other type of smoke for that matter. People that do not like the smell consider it to be a nuisance, especially if the smell is constant, which I’d imagine is the case in Amsterdam.

In addition to people that do not like the smell of cannabis smoke outright, there are also people that do not like being around smoke due to health concerns. They may wish to avoid secondhand smoke for general health concern reasons, or it could be due to a diagnosed condition that is harmed by secondhand smoke. It is worth noting that cannabis smoke is not the same as tobacco smoke, however, much of the public likely doesn’t know that, and thus their concerns remain.

Late last year New Zealand passed the world’s first ban on tobacco cigarette sales, prohibiting retailers from selling cigarettes to anyone born on or after January 1, 2009. Obviously, some people will still be able to purchase cigarettes in New Zealand, but eventually the ban will apply to everyone as the nation’s population ages. The justification for the ban is public health concerns, and that, coupled with nuisance concerns related to smoke could result in similar policies spreading to other parts of the globe. Being that cannabis is also smoked, in theory, similar policies like what is in Amsterdam could be pursued in other jurisdictions, as well as prohibited sales of smokable forms of cannabis potentially, akin to the prohibition on tobacco sales in New Zealand.

Smokeless Forms Of Cannabis

Public cannabis consumption laws vary around the world, with most jurisdictions still treating such acts as crimes. Although, most of the charges that relate to public consumption crimes are based on the act of possession, not use. As prohibition is replaced with legalization, public consumption bans will shift from being based on possession prohibitions to consumption prohibitions. The difference is nuanced, but very important from an enforcement logistics standpoint.

Even in jurisdictions where cannabis is currently legal for adult-use, public consumption is still prohibited, albeit usually a fine versus a crime. Nearly all of the time, the way public use is detected is via the smell of smoke, and to a lesser extent, vaping. And yet, inhaling cannabis is only one of the many ways to consume it.

These days in a growing number of jurisdictions a wide variety of cannabis products are legally available, including edibles, topicals, beverages, transdermal patches, and other emerging smokeless methods of consumption. As those smokeless products increase in availability and popularity, concerns regarding cannabis smoke will become less prevalent. After all, would anyone in Amsterdam’s Red Light District care if someone was eating a cannabis-infused gummy or wearing a cannabis transdermal patch? How would anyone even know?

Amsterdam’s New War On Its Pot Shops

As the first federal Dutch cannabis cultivation bid goes down in flames, Amsterdam city officials propose banning tourists from its cannabis cafes.

Long the progressive cannabis outlier during the 1980’s and 1990’s, even if operated in a grey area, Amsterdam if not Holland beyond that, gave the world a first look at what a relatively open cannabis industry might look like.

In this century, however, the Dutch have lurched from one unsuccessful campaign to the next to better regulate the industry – and so far have only included imposing regulations that have drastically shrunk the number of coffee shops but not consumers. While some of these campaigns, such as closing down cafes that operated near schools were noncontroversial, the current proposal – to ban all tourists from Amsterdam’s coffee shops just announced last week – makes little sense. Not to mention has little chance of succeeding.

Coming as it does on the heels of tighter lockdowns in Europe that will also begin to lift again this spring, as well as the failed first cultivation tender in the country, it is also clearly a short-term political play meant to impose long-lasting limits.

Of course, this latest move has not gone unopposed. The business association representing the coffee shops, the BCD, has begun lobbying hard against the ban as has the national PCN representing cannabis businesses across the Netherlands. They are joined by several policymaking non-profits who have focused on cannabis.

Their advertisement against the ban points out that restricting tourist access will not be successful (it never has been before). It also pointed out the difficulties faced by non-Dutch legal residents. As the industry-backed ad summed up the issue, “The coffee shops are not the enemy, but an essential facility and an effective ally in the fight against illegal drug trafficking in the city.”

Whither Next?

This development is unlikely to be entirely divorced from the recent failure of the Dutch cultivation bid. It is also clearly a short-term play by officials to try and nail an ever-present thorn in their sides by attaching an idea born of a Pandemic that will never hold water after it.

It is unlikely, in other words, that cash-starved retail businesses of any kind, will, or should be placed in the position, of turning down customers, no matter where they hail from.

Stay tuned. The next steps are likely to be very interesting, especially at a time when several European countries are moving forward on the recreational cannabis discussion.

Be sure to attend the next International Cannabis Business Conference this summer in Berlin to find out all the latest developments on rapidly changing European cannabis policy.

The Rise Of “Localized” Recreational Cannabis Markets In Europe

Amsterdam is again raising the idea of a tourist-free cannabis industry, and Luxembourg plans the same. Will this drive reform across Europe or will COVID-19 reset the conversation?

The Dutch may have reinvigorated the cannabis discussion during the dark days of the 1980s and 1990s, and given the world the “coffee shop,” but so far in the 21st century, the Netherlands has been the centre of multiple failed attempts to “better regulate” itself, let alone give pointers to anyone else. The question is, however, how much will the Dutch “experiment” influence others across Europe? 

The latest attempt has been a cultivation tender which has been marred by missteps and delay, unprofessionalism and just like the German medical tender before it, scrapped to be revamped to another day.

This was followed by another call by Amsterdam (which sat out the national cultivation bid discussion like other larger Dutch cities) to regulate tourists right out of town. As strange as it seems during a global Pandemic that has decimated the tourist industry globally, the city of Amsterdam at least from the position of its civic leaders, is saying, “don’t come back.”

How successful this will be is another story. But will this idea become a “norm” as Luxembourg also begins to plan its own recreational experiment with similar rules, now slated theoretically for next year?

Nimbyism vs Tourism

Europe, as it begins to slide into the early days of smaller regulated markets, is about to hit the same snags as many U.S. states, in particular. Recreational cannabis is still not a winning political issue at the polls, even as medical cannabinoids have begun to become more accepted – and even if this too is still early days.

For that reason, the entire conversation is going to hit snags that have not been dealt with before. It is different when a federal government issues such rules vs. a state and so far there is little indication in Europe at least, that these are on course to be avoided.

That said, there is another discussion in town that may well wreck the best-laid plans of governments everywhere to keep sidestepping the conversation. And that is that economic development of every kind, including from the canna trade, is going to enter a different dimension post-Covid. 

Even if the tourists are not encouraged, in cookie-cutter NIMBY protests across regions, it will be tough to keep them entirely out. See the Spanish canna clubs as perhaps the best example of the same. Not to mention the rip-roaring potential of the human rights access court case that has the potential to completely rewrite the rules if the Court of Human Rights in Strasburg rules the way it should.

Be sure to book your tickets to the International Cannabis Business Conference when it returns to Europe in the summer of 2021!