Research paperTightening the Dutch coffee shop policy: Evaluation of the private club and the residence criterion
Introduction
The Netherlands’ authorities have been tolerating the retail sale of cannabis in coffee shops for more than 25 years (Leuw, 1991). Coffee shop owners are not investigated or prosecuted for selling cannabis, which is a criminal act according to the Opium Act, provided that they comply with certain criteria. The first formalization of these criteria in the Opium Act Directive for the Public Prosecution Service dates from 1991: coffee shops are not allowed to advertise, sell hard drugs, cause nuisance in their vicinity, give entry to youth or sell drugs to them, and sell more than 30 grams per person per day. Compliance is checked periodically by municipalities, local police and tax authorities. Coffee shops need a license from the mayor and the decision to tolerate coffee shops is taken at the municipal level, by the mayor in consultation with the public prosecutor and the police, while the city council has to approve. Coffee shops are commercial enterprises.
The coffee shop system can be classified as a regulatory regime for adults (MacCoun et al., 1996, Spapens et al., 2015). The sale of cannabis in coffee shops is tolerated in order to prevent consumers from entering the more criminal and dangerous illegal drugs markets and to reduce exposure to hard drugs. Coffee shops also offer a safe environment to buy and consume cannabis. The tolerance expresses the primary focus on public health which characterizes the Dutch drug policy (Monshouwer et al., 2011, Van Ooyen-Houben and Kleemans, 2015).
The system, however, struggled with problems of nuisance – parking and traffic problems and to a lesser extent noise and loitering of customers hanging around the coffee shops – and high numbers of coffee shop visitors from abroad, especially in border regions. Some coffee shops became large-scale enterprises. A sharpening of the criteria followed. In 1995, the 30 grams-limit was reduced to five grams, the age for entrance in a coffee shop was specified at 18 years or older, and a 500 grams limit was set for coffee shop stocks of cannabis (Monshouwer et al., 2011). The problems, however, persisted. Local policy measures, like relocation of coffee shops away from the city centre and closure of coffee shops by the local authorities, followed in 2004, 2008 and 2009 (Bieleman et al., 2009, Snippe et al., 2013, Van der Torre et al., 2013a).
In 2010, the cabinet announced a more restrictive national coffee shop policy. The cabinet decided so after the Council of State pronounced a judgement that local regulation via a ‘residence criterion’, which was piloted in one of the municipalities, was legally incompatible with the Opium Act (ECLI:NL:RVS:2011:BQ9684, 29-06-2011). In January 2012, two further criteria that coffee shops must adhere to in order for them to be tolerated were added to the Opium Act Directive: the private club criterion and the residence criterion. These new criteria implied a drastic change for the Dutch coffee shops because they made an end to the open access which existed until then.
The private club criterion stipulated that coffee shops were only permitted to give access and to sell cannabis products to members and needed to maintain a verifiable members’ list. The residence criterion stipulated that only residents of the Netherlands would be allowed to become a coffee shop member and hence to enter the coffee shops. The main aims of the criteria were to reduce long standing problems of nuisance related to the high number of foreign visitors attracted by the coffee shops (‘drug tourism’), to make coffee shops smaller and more controllable, and to combat crime associated to coffee shops (Tweede Kamer, 2011).
The enforcement of both criteria began in May 2012 in the three southern provinces of the Netherlands. The other (nine) provinces were assumed to follow in 2013. The enforcement started under a cabinet under resignation: the cabinet that introduced the criteria fell on 23 April 2012. The minister of Security and Justice, however, announced full of conviction that he stucks to the criteria. In November 2012, a new cabinet was installed. Although the same minister of Security and Justice remained in office, the new cabinet abolished the private club criterion. The minister stated that it did not have an additional contribution to the intended effects of reducing drugs tourism and the scale of coffee shops and that it caused unintended side effects. The residence criterion was continued, but with a change of rules: since January 2013 actual enforcement can be implemented ‘stepwise if necessary, based on a locally tailored approach’ (Tweede Kamer, 2012). Since January 2013, this amended residence criterion applies throughout the country.
In this article, we report the results of the evaluation study of the new criteria. The study was conducted by the Research and Documentation Centre of the Ministry of Security and Justice, Bureau Intraval and the Bonger Institute of Criminology of the University of Amsterdam.
The study was designed as a realist evaluation based on the ‘intervention logic’ (Astbury and Leeuw, 2010, Pawson and Tilley, 1997). In the logic, the assumptions of policy makers with regard to the problems that had to be solved, the activities that had to be carried out by stakeholders, the intended outcomes and possible side effects were reconstructed using the ‘policy-scientific approach’: policy documents were analyzed and interviews were conducted with 40 stakeholders (Leeuw, 2003). The logic was then used as a framework for evaluation. Research questions were accordingly:
- 1.
Did the local implementation of the new national criteria progress as planned?
- 2.
Were the intended outcomes realized:
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Was there a reduction of nuisance around coffee shops?
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Did coffee shops become smaller and more controllable?
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Was there a reduction of drug tourism?
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- 3.
Did the cannabis consumer market outside the coffee shops increase? This was a side effect that was anticipated and for which extra police enforcement capacity was available.
As to outcomes, the study's focus was on public nuisance around coffee shops, drug tourism and size and controllability of coffee shops. Crime in relation to coffee shops (more specifically: cannabis cultivation) was not included in the study because this would need different research methods which were not feasible here.1
Section snippets
Methods
The study covers the period from early 2012 to the end of 2013. In 2012, the new criteria were only enforced in the three southern provinces. No action was taken as yet in the rest of the country. Therefore, in 2012, there was an opportunity to treat municipalities in the three southern provinces as an ‘experimental group’ and municipalities in the rest of the country as a ‘comparison group’ and to research the actual effects of the tightened policy. In early 2012, there were 103 municipalities
Local implementation of the new national criteria
The first research question was whether the local implementation of the new national criteria progressed as planned. Despite initial uncertainties in the national framework, which made it difficult for local actors to apply in practice, enforcement started in May 2012 in the southern provinces. It went hand in hand with an intensive communication campaign aimed at drugs tourists in neighbouring countries. This made the target group well aware of the new rules and contributed to the
Validity of results
The research was performed in a sample representing a cross-section of the coffee shop municipalities in the Netherlands. Large numbers of neighbourhood residents, coffee shop customers and cannabis users were selected randomly. The findings from the various sub-studies, which were performed using different methods and respondents, were triangulated, resulting in a fairly coherent picture. An ‘experimental’ group and a ‘comparison’ group participated in 2012, which improved insight into the net
Acknowledgements
This research was carried out on request of the Ministry of Security and Justice with funding of the Research and Documentation Centre of the Ministry.
The authors thank Mark van der Giessen (WODC), Ralph Mennes, Rick Nijkamp and Jacco Snippe (Bureau Intraval), Annemieke Benschop, Ton Nabben and Marije Wouters (Bonger Institute of Criminology, University of Amsterdam) for their contribution to the study.
Conflict of interest: No conflict of interest.
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