THE NETHERLANDS' SMOKING BAN

Tobacco is out; marijuana is still OK. It's a puzzle, but California
has its peculiarities too.

In the Netherlands, "secondhand smoke" takes on a whole new meaning.

The country is among the last in the European Union to impose a
smoking ban in restaurants. Or rather, a cigarette ban. Make it a
tobacco ban. Because while the smoking of conventional cigarettes was
officially forbidden starting last week, marijuana is still allowed
at the 720 cafes where it already was in wide use.

Of course, marijuana is illegal, even in the Netherlands, but the
country's policy of "geodegen" calls for turning a blind eye to its
own law. In fact, the special cannabis cafes are licensed to sell
small amounts for consumption on the premises, where it is understood
that customers will not be arrested or even questioned by police.
Unless, that is, they mix it with tobacco. The Dutch prefer to blend
their marijuana with tobacco for a smoother smoke. And now that is illegal.

We're confused too.

As supporters of tobacco bans in areas where the smoke can endanger
the health or comfort of the public, we're glad to see the
Netherlands take steps to protect its citizens, but we can't help
wondering about its selective take on which forms of smoke can harm
others and which can't. Maybe officials figure that the Dutch version
of secondhand smoke confers a tangible benefit on nonsmokers nearby.
At least those who inhale it are probably so relaxed that they're in
no mood to complain.

But before we chuckle at the Dutch pot paradox, we should check out
the puzzling ways of cannabis right here. Marijuana is legal in
California for medicinal use but illegal according to U.S. law. Last
year, federal drug agents raided five medical marijuana clinics in
West Hollywood, one of the handful of California cities that have
instructed their police to make even recreational marijuana arrests
their lowest priority. A Garden Grove police officer confiscated a
driver's medicinal marijuana, but a judge last year ordered it
returned because its possession was legal under state law -- though a
federal agent acting under federal laws would have had the right to take it.

Oh, those wacky Dutch.