Netherlands - Dutch Court Throws Out Maastricht Coffee Shop Ban on Foreigners

[Thirdedge]

A district court judge in the Dutch border city of Maastricht Tuesday overturned a municipal ordinance ordering coffee shops to refuse to serve foreign clients, according to reports compiled by NIS News. The city had imposed the ban as an experimental measure in 2005, in part to appease the neighboring Belgian, French and German governments, who complain that their citizens go to Holland to score, and in part to appease conservative Justice Minister Peit Hein Donner.

One coffee shop was shut down for three months in 2006 because it did not follow the ban on foreigners. But it reopened three months later.

In the meantime, a legal challenge to the ordinance wound through the courts. Now, a Dutch judge has ruled that because the sale of Marijuana is legal in practice under Dutch law, ordinances barring foreigners from partaking in that legal activity amount to discrimination by nationality, which is banned by the Dutch constitution unless there are objective, reasonable grounds to justify it. The judge held that no such grounds exist in the present case.

As a Dutch city bordering neighboring countries where Marijuana policies are not so relaxed, Maastricht has been the locus of numerous battles over Marijuana sales. Just three weeks ago, courts ruled against its bid to set up coffee houses on a designated strip on the city's outskirts to mitigate congestion from foreign "drug tourists."

Source: http://stopthedrugwar.org/chronicle/...ban_foreigners

[xSevilx]

Smoking without Borders

An HCLU film about drug tourism in the Netherlands: is it really only the problem of the Dutch?

Bergen op Zoom is a Dutch town near the Belgian border. The city’s name became known from the media in the end of last year, when its mayor decided to close down all coffee shops selling cannabis. Some articles reported that this decision was made because of the crime and nuisance caused by drug tourists coming from Belgium. Some reports even concluded that the Dutch coffee shop system proved to be a failure and Dutch drug policy needs to be revised. HCLU’s video advocacy team decided to visit the Netherlands to find out the truth. We interviewed the mayor and learnt that he has no problem with cannabis users or coffee shops in principle – but he is fed up with the 25.000 drug tourists invading his town every week, accompanied with traffick jams and drug runners. We traveled to a nearby city, Tilburg, where the mayor has plans to legalize the large scale cultivation of cannabis. We spoke with the manager of a coffee shop who explained that coffee shops are integral part of Dutch society and cannot be simply wiped out any more.
Our major conlusions are:

1) The problem of drug tourism is not caused by cannabis use or coffee shops. The real problem is the illegality of cannabis in neighboring countries.

2) The problem cannot be solved by closing down coffee shops: the supply won’t be reduced but it will go undeground to cause more problems.

3) The real solution to the problem is in the hands of the neighboring countries: to regulate and control the cannabis market.

In Belgium cannabis activists have already made a legal case to establish a collective cannabis plantation (Trekt uw Plant).

If you agree with us, please send an email to the Belgian Ministry of Justice and ask them to consider the regulation and control of cannabis instead of pushing the Dutch government to close down the coffee shops!

You can find our sample letter below:

Dear Sir/Madame,

we learnt from the media that two Dutch cities at the Belgian border plan to close down all coffee shops in order to prevent the nuisance caused by the thousands of Belgian drug tourists coming to buy cannabis every week. The mayors made it clear that they don’t have any problem with cannabis or coffee shops in principle, but only with the organized crime and unsafety associated with the influx of drug tourists from Belgium. So if there were no drug tourists they would allow the coffee shops to operate.

Please watch the video made by a human rights NGO, the Hungarian Civil Liberties Union (HCLU) about this issue: drogriporter . hu / en / drugtourism

We think by closing down the coffee shops the Dutch cities will not solve the drug tourism problem, because young people will still go to the Netherlands to buy the good quality Marijuana (so called Netherweed) there – but not in a controlled environment anymore, but from dealers and drug runners in shadowy alleys. Here nobody asks for IDs to prove that the customers are not underage and they can also obtain more dangerous drugs such as cocaine and heroin. The ban will not reduce supply but only pushes it undeground.

It is the common interest of the Belgian and the Dutch governments to protect their young people from harms caused by the black market of drugs – but it is not possible through repression, but only with more regulation and control. Therefore we ask the Belgian government to reconsider its drug policy and instead of pushing the Netherlands to ban coffee shops start a negotiation about the possibilities of a regulated and controlled cannabis market in both sides of the border.

We ask the Ministry of Justice of Belgium to take the lead in designing a new legislation that allows the opening of coffee shops in order to reduce the harmful consequences of drug tourism and the crime associated with it.

Kind regards,

(Your name)

You can simply copy-paste this sample letter to your email and send it to the Belgian Ministry of Justice: info (at) just . fgov . be

Thank you for your help!

drogriporter . hu / en / drugtourism

[yaba]

Swim is Dutch but not living in Holland.
All a tourist has to do is ask a Dutch person...

[Sippin40oz]

he is fed up with the 25.000 drug tourists invading his town every week

Surely all those tourists would be bringing in massive amounts of wealth to the town?

[cra$h]

true, but eventually non natives overrunning natives get annoying.

[0utrider]

its also a different issue: maastricht is basically a university town and literally more than 50% of its students are foreigners. having said that and now thinking about banning foreigner is just absurd.

[Nature Boy]

Originally Posted by cra$h

true, but eventually non natives overrunning natives get annoying.

How is it annoying? That would be down to people's narrow-mindedness if anything. Who cares who's where as long as they're spending money. To be honest, the idea of a location only for the locals is ridiculous in the 21st century. Tourism and tax revenue are vital today. They should be welcoming potheads with open arms. They're nowhere near as dangerous as drunken mobs.

[yaba]

Originally Posted by Nature Boy

How is it annoying? That would be down to people's narrow-mindedness if anything. Who cares who's where as long as they're spending money. To be honest, the idea of a location only for the locals is ridiculous in the 21st century. Tourism and tax revenue are vital today. They should be welcoming potheads with open arms. They're nowhere near as dangerous as drunken mobs.

True think the Dutch are trying to protect what they still have.. Think The Netherlands is clamming down on coffee shops, drug tourism, prostitution and everything else what could be fun !

[jgarlopa]

Originally Posted by cra$h

true, but eventually non natives overrunning natives get annoying.

That's a matter of opinion, but Cowboy does enjoy leaving Amsterdam once in a while to visit his friends in Eindhoven, where the Dutch people live. It's a totally different vibe down there...

[lucian]

Tourism and tax revenue are vital today. They should be welcoming potheads with open arms. They're nowhere near as dangerous as drunken mobs.

I fear that some of those potheads may be drunken yobs also! I am british, and whilst its not representational of all british people, the way that some of us behave on holiday is the blight of europeans; Ibiza is a prime example.

I can understand why people would feel that way even if it is also justification for a political motive. Its weighing up the benifits the revenue brings against the associated problems, and trying if possible find some kind of balance. I imagine there is a lot of pressure from other countries with more conservative views on drugs, and Holland can't afford too make mistakes with the coffee shops because the politicians will be all over it.

[jgarlopa]

Originally Posted by lucian

I fear that some of those potheads may be drunken yobs also! I am british, and whilst its not representational of all british people, the way that some of us behave on holiday is the blight of europeans; Ibiza is a prime example.

I can understand why people would feel that way even if it is also justification for a political motive. Its weighing up the benifits the revenue brings against the associated problems, and trying if possible find some kind of balance. I imagine there is a lot of pressure from other countries with more conservative views on drugs, and Holland can't afford too make mistakes with the coffee shops because the politicians will be all over it.

Very good point indeed. I believe this is why weed in NL is essentially legal in practice, but on paper they must continue to say that it's illegal in order to not upset the French and Germans. I have heard many stories from my Dutch friends about being stopped and searched in either country just for being Dutch and having a Dutch number plate. It does happen.

[adzket]

Originally Posted by yaba

True think the Dutch are trying to protect what they still have.. Think The Netherlands is clamming down on coffee shops, drug tourism, prostitution and everything else what could be fun !

and what will they have then? cannals, winmills, art, & ann franks house.
however when swim was last there. they where pissed of by other british idiots.
also swim want's to know. how come they can't put tobaco in there spliff in a coffee shop, yet it's illegal to smoke spliff on the streets. herbal tobaco blends not the same. hey ho they got stoned none the less.

[jgarlopa]

Originally Posted by adzket

and what will they have then? cannals, winmills, art, & ann franks house.
however when swim was last there. they where pissed of by other british idiots.
also swim want's to know. how come they can't put tobaco in there spliff in a coffee shop, yet it's illegal to smoke spliff on the streets. herbal tobaco blends not the same. hey ho they got stoned none the less.

This is because the Dutch gov't imposed a smoking ban as of 1 July 2008. This means that tobacco cannot be smoked inside any building open to the public, unless there is a separate smoking room. So you can still smoke tobacco in such coffee shops that have a separate smoking room, but the ones that are too small to build such a room have been force to ban tobacco completely. The reason that you can't smoke a spliff on the street is because they don't want it around children, old ladies or other people that might be offended/bothered by the smell; remember that you must be at least 18 to enter a coffee shop.

[adzket]

Originally Posted by jgarlopa

This is because the Dutch gov't imposed a smoking ban as of 1 July 2008. This means that tobacco cannot be smoked inside any building open to the public, unless there is a separate smoking room. So you can still smoke tobacco in such coffee shops that have a separate smoking room, but the ones that are too small to build such a room have been force to ban tobacco completely. The reason that you can't smoke a spliff on the street is because they don't want it around children, old ladies or other people that might be offended/bothered by the smell; remember that you must be at least 18 to enter a coffee shop.

yeah swim understands that. though did not know they could have an indoor smoking room for tobacco if they had the space. they did notice some had seat's out side for customers but did not want to take risk of smoking a spliff on those seat's in case got trouble from the 5 0.

[jgarlopa]

Originally Posted by adzket

yeah swim understands that. though did not know they could have an indoor smoking room for tobacco if they had the space. they did notice some had seat's out side for customers but did not want to take risk of smoking a spliff on those seat's in case got trouble from the 5 0.

Yes, you are still allowed to smoke tobacco there, it just has to be separated so that everyone who doesn't like it doesn't have to deal with it, but those who still wish to die of cancer can go right ahead and do so...

[adzket]

Originally Posted by jgarlopa

Yes, you are still allowed to smoke tobacco there, it just has to be separated so that everyone who doesn't like it doesn't have to deal with it, but those who still wish to die of cancer can go right ahead and do so...

swim was worryed about smoking tobaco in a spliff on the seats out side coffee shop, as belived it illegal to smoke it out side. but if seats belong to the coffee shop is it ok then?