The legalization of marijuana is a hotly contested debate in many corners of the globe, especially as with each passing election cycle more and more states are taking the steps towards full legalization. But what happens when the law permits residents to consume marijuana, but outlaws the cultivation and sale of it?
Case Study: Marijuana Laws and Legalization in the Netherlands
Though it may come as a surprise to many, in the Netherlands it is actually illegal to grow more than five marijuana plants for recreational use, and every year the Dutch national police actively seek out and shut down hundreds of illegally run operations. While it is fully legal for licensed coffee shops to sell small amounts of marijuana to anyone over the age of 18, these shop owners are still relying on the black market to purchase their supplies in bulk. Vera Bergkamp, a policy maker with D66, a center-left party that is exploring the decriminalization of marijuana, told The New York Times, “Right now, you are allowed to buy the milk, but you can’t know anything about the cow.”
For coffee shop businesses, these complicated laws make their lives difficult, and expensive, and many feel the struggle of straddling the line of legality. The good news is that the Dutch government has been exploring ways to fix the problem. According to the Times, the government “has proposed a pilot program to explore the effects of legalizing, standardizing and taxing” some of the currently underground marijuana operations that police seek out and shutdown every year. Supporters of the proposed legislation hope that fully regulating all aspects of marijuana production, sales, and consumption would mean that the marijuana on the market is safer for all users.
Cannabis Policy in the United States
In the US, marijuana is currently fully legal for recreational use in 10 states, with more expected to follow. The District of Columbia, however, has a similar grey area to the Netherlands surrounding marijuana possession, cultivation, and sales. At present, users are able to ”possess up to two ounces of marijuana or grow up to six personal plants. When growing, only three of the plants can be mature at any given time.”
Despite it being fully legal to consume marijuana within the city limits, it is still completely illegal to purchase it—though it is legal to gift or donate marijuana up to a certain amount as long as no money or goods are exchanged. Vendors in DC have used this loophole of “gifting” in a number of ways. Typically, to obtain legal weed in DC, users must purchase something else (typically a small item such as a postcard or a bracelet) from one of the vendors and along with the item they will receive a “gift” in the form of marijuana.
As with the Netherlands, this legal grey area in DC makes it complicated, less regulated, and potentially unsafe for consumers of marijuana.
What is the Future of Marijuana Legalization?
The future of marijuana legislation in the US is tricky, but seems to be largely heading in the direction of legalization. In states like Georgia, steps are being taken to open medical marijuana dispensaries with new legislation calling for the opening of up to 10 dispensaries. At these facilities, marijuana would be “legally grown, manufactured, tested, tracked and distributed for the first time if the legislation passes.” Many on both sides of the aisle, see cultivation of marijuana for medical use as the first step towards full legalization. At present, there are 31 states that allow marijuana cultivation in some capacity, and all 10 states that now have fully legal marijuana for recreational use started with laws allowing the cultivation for medical purposes first. With the implantation of these new laws in even some of the more conservative states, it seems to be only a matter of time before marijuana will be fully legal, regulated, and safer for consumers everywhere.