From the outside, the Dutch factory in which cannabis is first cultivated for recreational purposes seems inconspicuous: a metal fence surrounds the gray factory building on the outskirts of the city of Waalwijk. The fact that the Fyta company grows countless cannabis plants behind the walls can be guessed at the latest when entering the factory. As soon as the doors open, the earthy smell of the plant fills your nostrils.
At least 6.5 tons of cannabis are to be grown, processed and delivered to coffee shops here every year, says Fyta boss Fred van der Wiel during a visit at the end of March. From marijuana to hash to space cakes, there’s plenty to choose from.
But Fita still has to wait. The start date for the experiment has been pushed back several times. To date, Van der Wiel is the only grower in the country capable of legally producing cannabis for the “Wietest” (also known as the “closed chain coffee shop experiment”). There are a few hurdles.
tolerance policy
In 1976 the Opium Law or Opiumwet was introduced in the Netherlands. It brought about a strict separation between soft drugs like cannabis and hard drugs like cocaine. The purchase of small quantities of soft drugs has since been tolerated.
Cannabis: Not legal, but tolerated
But what exactly is the initiative about? The “Wieexperiment” is intended to eradicate the mistakes of the previous Dutch tolerance policy towards soft drugs. Cultivation and trading are permitted in ten cities and in one district of Amsterdam. Specifically, the local coffee shops should only receive their goods from ten certified breeders. The duration of the experiment is four to five years. After that it is evaluated.
As a reminder, cannabis is currently not legal in the Netherlands. Current EU law would not allow that either. However, member states are free to decriminalize the possession, purchase and cultivation of cannabis for private consumption under certain conditions. And that’s where the Dutch regulation comes in. Since the 1970s, the consumption and sale of up to five grams of hashish or marijuana per person per day has been tolerated in coffee shops – “through the front door”, as they say in the Netherlands.
Because cultivation and wholesale are prohibited, coffee shops are currently dependent on illegal and often criminal wholesalers. So the goods get into the shops through the back door. They may store a maximum of half a kilogram of cannabis. However, there are hardly any penalties for violations. The resources of the investigative authorities are limited.
Minister of Health admits: “Strange situation”
Top politicians have long been aware of the “back door problem”. After a draft law by the then left-liberal opposition party Democrats 66 on the legalization of cannabis had received broad approval in the House of Commons in 2017, the later government – with the participation of the D66 – agreed in 2019 to implement the “Wietesteriment”. Since then, the framework conditions have been worked on.
In fact, due to the current legal situation, one is in a “somewhat strange situation”, Health Minister Ernst Kuipers (D66) admits to ORF.at. For society, this would result in “many negative side effects,” he says. The future experiment will investigate how legally grown cannabis affects safety and public health, the minister said. Then it is decided how to proceed in terms of legalization.
De Vries murder holds the mirror up to the Netherlands
The topic is urgent. The Netherlands became aware of the consequences of their flawed drug policy at the latest with the murder of crime reporter Peter de Vries. De Vries was gunned down in the middle of Amsterdam in 2021. It was assumed that the perpetrators came from the drug milieu.
Because drug gangs are gaining power in the Netherlands, comparisons with “narco-states” like Mexico are no longer uncommon. This is a consequence of the toleration policy, according to the renowned social scientist Pieter Tops, who researches the subject at Tilburg University. This not only facilitates the production and distribution of cannabis, but also leads to favorable conditions for the distribution of drugs such as ecstasy and cocaine.
The experiment before the experiment
Of course, the country’s favorable infrastructure also plays into the hands of the drug dealers. The port of Rotterdam and the port in the neighboring Belgian city of Antwerp are among the two largest in Europe. Huge amounts of drugs find their way into the EU every day. The southern Dutch province of Noord-Brabant, among others, is feeling the effects of this.
This is where the two cities of Breda and Tilburg are located, which will be rolling out a “light version” of the “Wieexperiment” from October. A test phase for the actual experiment, in which even less strict specifications apply, so to speak. According to the government, the actual experiment will start six months later in all regions involved. The Mayor of Breda, Paul Depla (Labor Party), explained that during the testing phase “rookie mistakes” should be identified in order to be able to perfect the actual experiment.
“Wieexperiment” stumbles over bank account problems
But even if the “small” experiment will start in autumn does not seem certain. In order to be able to start, the government has to give the go-ahead to at least three of the ten breeders. So far, as mentioned, this is only available for Fyta. The remaining growers face a variety of problems. Some breeders are unable to open bank accounts. This has to do with a new money laundering law. Some growers also wait in vain for permits for production facilities.
Fred van der Wiel, who also runs a medical cannabis production company, struggles. His company has been ready to go since June 2022: “We burn around 500,000 euros a month. So it’s a big loss for us that the other players aren’t ready yet,” he says.
QR code for each plantlet
But what happens when the experiment finally gets the go-ahead? For growers, once a product is ready to ship, a sample must first be tested in independent laboratories (including for pesticides) before it can be shipped to coffee shops. Fyta also uses a track and trace system. Every plant and every product is given a QR code, which customers can use to read information about the content and effect of the goods, as well as their production and supply chain.
CO2 emissions
According to a study by Colorado State University, indoor cannabis cultivation releases large amounts of CO2 emissions due to the high energy demands. Cultivation in greenhouses and outdoors should therefore be less harmful to the climate.
In addition, several research companies are involved in the verification and evaluation of the experiment, including the institute RAND Europe. Stijn Hoorens, who researches at RAND Europe, explains that possible effects of the experiment should be checked using control groups.
The user experience of the coffee shop consumers, the quality of the cannabis, possible problems around coffee shops and possible effects on the illegal market are examined and compared with “control cities” – i.e. those that are not involved in the experiment.
UN organization concerned about health
Coffee shop owners like Joachim Helms and Edwin Bax, but also Fyta boss Fred van der Wiel and Mayor Paul Depla agree that legalizing cannabis in the Netherlands and the rest of the EU makes sense. The tenor: it’s there, it’s being consumed – why shouldn’t it be regulated and legalized?
In fact, there are two major arguments standing in the way. For one thing, the UN’s International Narcotics Control Board (INCB) warned in its 2022 annual report that the legalization of non-medical use of cannabis appears to be leading to higher use and lower perceptions of risk.
In all countries where cannabis has been legalized, data showed that cannabis-related health problems have increased. “Between 2000 and 2018, global medical admissions related to cannabis addiction and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled globally,” the INCB warned.
legal hurdles
On the other hand, legal hurdles have to be overcome. Unlike scientific experiments, legalization is in contradiction to international agreements such as the 1961 United Nations Convention on Narcotics, and the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which also has effect under European law. It is also in conflict with an EU framework decision from 2004 and the Schengen implementation agreement.
Germany recently became aware of how difficult legalization is. Instead of far-reaching legalization, they are initially relying on new rules for cultivation for personal use, on cannabis social clubs, which exist in Malta, for example, and on model regions, as planned in the Netherlands. Lobbying for the topic should continue in the EU. “If Germany legalizes, then we no longer need the experiment. Then we can jump on the German bike and legalize cannabis here in the Netherlands too,” says the mayor of Breda.
More ‘realistic’ cannabis policies for Europe?
In any case, he believes that harmonization of the market would make the most sense. “I hope that the experiment in the Netherlands, the legalization in Luxembourg and Germany, will open the door to more realistic cannabis policies across Europe,” he says. Fyta boss van der Wiel, who is also in favor of it, does not believe that the illegal drug trade will come to a standstill. The assumption that drug dealers could offer their goods on cheaper terms is reasonable.
“We want to learn from each other,” says Kuipers. We – that is Germany, the Netherlands and other EU countries, but also Canada, where cannabis was legalized in 2018 and which Kuipers also wants to visit officially for this reason. Expert Hoorens, however, urges prudence: “Don’t rush things,” he says, referring to the United States, where cannabis has been legalized in some states.
In those states, they opted for “a commercial model,” he says. The consequence? Public health is for profit. “There is no incentive for commercial cannabis producers to worry about problem users. These companies are profit-oriented,” he says. And they make the most profit from “problematic users”. “It’s a kind of design flaw that’s difficult to fix and that’s already seen in the tobacco and alcohol industries,” says Hoorens, adding, “Once the genie is out of the bottle, it’s very difficult to catch it again.”
