The Controlled Cannabis Supply Chain Experiment aims to establish whether there is a possible alternative to the current tolerance policy. Although the production and supply of cannabis to ‘coffee shops’ (the local term for cannabis cafés) is illegal, the government tolerates the sale of cannabis.
Background
There are approximately 570 coffee shops in the Netherlands spread across 102 municipalities. The government tolerates the sale of cannabis by coffee shops to consumers under strict conditions. This means that there is no criminal penalty for selling weed and hash. But the production and supply of cannabis to coffee shops is not tolerated and is illegal.
In the 2017-2021 coalition agreement the government undertook to conduct a small-scale experiment up to 10 municipalities.
Purpose of the experiment
The purpose of the experiment is to see whether it is possible to decriminalise the supply of quality-controlled cannabis by growers to coffee shops and determine how this can best be done. Decriminalisation involves amending legislation so that there is no criminal penalty for the production, distribution and sale of cannabis within the context of the experiment.
In addition, the government wants to see what effects decriminalisation will have on the problems that some municipalities experience.
During the experiment, coffee shops in participating municipalities will sell regulated, quality-controlled cannabis. The cannabis will be produced by a maximum of 10 designated growers chosen by means of a selection procedure.
The preparatory phase of the experiment began on 1 July 2020. The selection and designation of growers began during this phase. Designated growers can start making preparations for their cultivation operation and the production of cannabis. When doing so they must comply with all the rules of the experiment.
During this phase coffee shop owners can inform the designated growers of their needs, negotiate prices and check whether the cannabis meets their requirements.
Participating municipalities can amend local ordinances and policy rules during this phase so that they are consistent with the experiment rules. They can also implement the measures necessary to monitor the coffee shops.
Researchers conducted a preliminary survey in the autumn of 2021, and will conduct a baseline survey before the introduction of cannabis that has been legally produced and supplied, which means they will document the situation as it stands prior to the experiment.
The start-up phase began on 15 December 2023 with three growers that will supply regulated cannabis to coffee shops in Tilburg and Breda.
This phase allows for practising with the various systems and processes on a small scale and for monitoring the controlled aspect of the supply chain. Other growers will be permitted to take part in the start-up phase once they meet the necessary quality and controlled supply chain requirements.
Coffee shops in Tilburg and Breda are allowed to have a maximum of 500 grams of regulated product in stock, in addition to 500 grams of tolerated product (in accordance with the requirements of the tolerance policy).
The start-up phase ends once the transitional phase starts in the 10 participating municipalities. The start-up phase is intended to last a maximum of six months.
Developments during the start-up phase will be monitored and the phase may be stopped earlier, if necessary.
Enforcement officers from the municipality and the Justice and Security Inspectorate will check whether all parties comply with the experiment rules. For example, no cannabis from illegal sources may enter the experiment’s supply chain. And no cannabis from the experiment’s supply chain may be processed or sold outside this context. This is what is meant by ‘controlled cannabis supply chain’.
The Netherlands Food and Consumer Product Safety Authority (NVWA) is responsible for monitoring the quality of the cannabis grown and compliance with packaging requirements.
Other participating municipalities
During the start-up phase the existing tolerance policy continues to apply in all other participating municipalities. Lessons learned during this phase will be shared with the other municipalities to ensure as smooth a start as possible for the transitional phase.
Coffee shops cannot replace all their stock overnight. That is why there is a transitional phase before the experimental phase begins. This period will allow customers to get used to the new range of products.
During the transitional phase coffee shop owners may stock and sell both tolerated and regulated cannabis products. And coffee shop owners must comply with a variety of requirements, which are laid down in existing legislation and in new rules.
The transitional phase began on 17 June 2024.
The Minister of Justice and Security and the Minister of Health, Welfare and Sport will decide when the experimental phase starts. During this phase, all of the rules of the experiment will apply to all the parties involved. The experimental phase will last for four years and can be extended by up to 18 months.
During the experiment:
growers that are ready will produce regulated cannabis;
these growers will supply the regulated cannabis to coffee shops in the 10 participating municipalities;
these coffee shops will sell regulated cannabis only.
During this phase, researchers will monitor the effects of the experiment and record their findings each year in a report. In addition, an evaluation will be conducted before the end of the experimental phase. The results will be presented to the ministers by the guidance and evaluation committee.
The completion phase starts after the experimental phase ends. From this time the original legislation will once again apply. At the end of the completion phase, the situation will return to what it was before the experiment began, unless the government decides otherwise.
Advice, guidance and evaluation of the experiment
During the experiment the Minister of Justice and Security and the Minister of Health, Welfare and Sport will be advised by two committees. The independent advisory committee, chaired by Professor André Knottnerus, provided recommendations regarding the set-up and design of the experiment. An independent guidance and evaluation committee has also been appointed. Read more about the advisory committee and the guidance and evaluation committee.
