Fumigated

by druginc

Fumigated - by Mr. Kaj Hollemans (KH Legal Advice) (@KHLA2014).

The Netherlands - by Mr. Kaj Hollemans (KH Legal Advice) (@KHLA2014).

Because of all the measures taken by the government because of the coronavirus, this week is virtually unnoticed the smoking ban in the catering industry entered into force. From 1 April 2020, smoking areas in catering establishments where tobacco products are smoked will no longer be allowed. This applies to all establishments that fall under the definition of a “catering establishment” according to the Tobacco and Smoking Products Act. The ban applies to cafes, discotheques, concert halls, hotels and restaurants, coffee shops and Shishal lounges. 

Enforcement of the presence of smoking areas in the catering industry will start from 1 April 2020. From that date, entrepreneurs can be fined if the smoking area is used to smoke tobacco products. The NVWA will supervise this. Smoking tobacco products will soon be over only allowed on an outside terrace, if this does not lead to indoor smoke nuisance. An outside patio must be completely open on at least one side and must not be protected by planters or other material. The open side may also be the top. When the terrace is covered with an awning or parasol, one of the sides must be completely open.

Exception

In January 2020, State Secretary Blokhuis indicated in response to questions from the House of Representatives that smoking cannabis, hash or herbal blends that are not mixed with tobacco will not be covered by the smoking ban. This exception makes perfect sense. Traditionally, the coffee shop has been a place where people can enjoy a joint in a quiet and familiar environment, without bothering other people. If you were to make that function impossible by determining that from now on no more smoking should be allowed in a coffee shop, tobacco or no tobacco, then you would create a huge problem in terms of nuisance, because everyone would then be at the door.

The past few weeks have been all coffee shops become pick-up locations, but once normal business operations resume, it will be quite a challenge to ensure that people no longer smoke tobacco products in the coffee shop. After all, the majority of Dutch smokers (more than 90%) prefer to roll a joint in which weed or hash is mixed with tobacco. Until now, controls on smoking weed or hash mixed with tobacco in the coffee shop have not amounted to much, but I expect that there will be stricter controls when the catering industry reopens.

T criterion

Actually, a new criterion has been added for coffee shops; the so-called T criterion (T: no tobacco). It is important from now on to point out to customers the prohibition of smoking tobacco products in the coffee shop and ensure that people use alternatives to tobacco if they want to smoke a joint in the coffee shop. By taking the T criterion as seriously as the other AHOJG criteria, not only are fines avoided, but it is also clear from the outset that the government finds the coffee shops on its side as a partner in the fight against tobacco. 

Edibles

It would certainly help if coffee shops were allowed to offer various edible (and drinkable) cannabis products, so-called “edibles”, in addition to smokeable weed or hash. In the states in the US where cannabis is legal, brownies, cookies, sweets, candies, wine gums, chocolate, tea and soft drinks are everywhere. offered with weed, but in the Netherlands most municipalities do not or hardly allow the sale of “edibles”. And in municipalities where it is allowed, it is usually limited to space cake.

Edible cannabis products could be a good alternative for some of the consumers to smoking a joint with tobacco. Thanks to the smoking ban in the catering industry and the popularity of “edibles” in the US, the demand for these products in the Netherlands will increase in the near future. Therefore, it would be good for the government to take a stance on “edibles” and tolerate the sale of these types of products. 

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