The Netherlands turns against grow shops
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Grow Shop Law
The Dutch Senate has recently approved the so-called Grow Shop Law, a new regulation that will enter into force on 1 March 2015, designed to increase repression on consumers, growers and shop owners who distribute growing gear and marijuana seeds, applying jail sentences of up to 3 years.
This new law comes from the VVD Liberal Party, a business-orientated and centre-right group that forms the Government with the PvdA Labour Party, a social-democratic group which has opposed the measure, but cannot fight the majority of the former.
This law arises as another nail in the coffin of what freedom of recreational and medical cannabis used to be in the Netherlands. Although it seems to be difficult to implement it, it will definitely change things in the country, particularly in Amsterdam.
By contrast, local governments from different cities have decided to challenge the devastating policies of Ivo Opstelten, Minister of Security and Justice in the Netherlands, who is on a personal crusade against coffee shops and marijuana users, and is the promoter of WeedPass. A total of 54 mayors have signed a manifesto called "Common Regulations", which advocates decriminalisation of the "backdoor problem of coffee shops".
That is to say, solving the paradox in which Coffee Shops can sell marijuana while its production and wholesale are forbidden, what is probably one of the most ridiculous cannabis-related policies of the last 35 years.
Marijuana and Hashish with maximum THC levels of 15%
Another key point of this new law is the regulation of the THC content present in the marijuana buds and concentrates sold in Coffee Shops, which shall be no more than 15% THC, classifying those substances with higher cannabinoid concentration as hard drugs.
This way, the classic division between marijuana and harder drugs like heroin or crack dissapears, cannabis growers will be pursued with the same harshness than methamphetamine producers, and any Coffee Shop selling stronger buds/extractions will be closed, acused of distribution of hard drugs.
Basically, it means a backwards step, criminalising both growers and users, and forcing them to fall back on black market, either medicinal or recreational users. The law doesn't take into account those patients that need higher THC concentrations to achieve benefits for their health.
On the other hand, specific guidelines have been issued for police, who should not arrest any grower of legal age with up to 5 plants if he/she gives the plants to the authorities.
Furthermore, the possession of specialized indoor growing systems and specific plant nutrients will allow authorities to classify the crop as professional (or amateur), being able to acuse someone with less than 5 plants and charge him/her with the mentioned sentences of 3 years in jail, besides substantial fines and investigations on tax assessments and electricity bills that can lead to evictions.
Groninga breaks the mold
In contrast, Groninga's Court has issued a surprising and new veredict to a couple of growers who were accused of growing marijuana for two Coffee Shops.
We talk about Juan and Inés, from Bierum - north of the Netherlands - who were declared guilty of all charges, but also exempt to serve any kind of sentence, for their work was, at any time, so honest and transparent that would leave no doubts about their activity.
The judge stated that growing marijuana for Coffee Shops was an implicit part of the business of cannabis shops, thus dismissing the need to prosecution. The prosecutor's office has already appealed to the Supreme Court (Hoge Raad), that has the power to approve the current sentence and thus mark a turning point.
Let's hope that this fact, along with others like the position of the social-democratic party D66 - with 10 seats in the House of Representatives, 2 seats in the Senate and 3 in the European Parliament - that could change the ruling party in 2016 elections, or the survey done by PvdA which revealed that 65% of dutch citizens are in favour of cannabis legalisation, make sure this is only a temporary situation.
Better times will come. Marijuana legalisation.