THE DUTCH GO TO POT

America Takes A Hit In The Drug War As Legalized Grass Takes Root Across
The European Continent

Sept. 15 issue — Paul van Hoorn, 71, suffers from chronic glaucoma. His
wife, Jo, 70, has painful arthritis. So every few days, the two
septuagenarians shuffle to their local "coffee shop," ever watchful for
robbers, to buy a little marijuana. Last week Dutch authorities decided
that the van Hoorns, among many others, should change their ways—by going
to their local pharmacy. Effective immediately, the government will begin
dealing in Nederwiet, or Netherweed—cannabis, by another name, grown in
state-sanctioned greenhouses and sold by prescription with official
government approval.

THAT MAY NOT be such a stretch in a country famous for its cutting-edge
life-style, where cafes legally sell pot along with cappuccino. Still, not
so long ago the Netherlands might have faced condemnation, not only from
Washington but across Europe. This time, though, while American anti-drug
crusaders shake their heads in angry consternation, many Europeans are
thinking of following suit. Britain, Belgium and Luxembourg are preparing
to emulate the Netherlands in decriminalizing marijuana possession for
personal consumption—and they will be watching the prescription experiment
closely. Nor is this the most controversial of Europe's new approaches to
drugs. In Spain last week, 60 heroin junkies began a pilot program in which
for the next nine months, they will receive twice-daily injections of
heroin, supervised by a state hospital. Germany, the Netherlands and
Switzerland have already launched similar programs. It's a far cry from the
era when President Ronald Reagan found willing partners for his "get tough"
policies. When it comes to the problems of drugs and addiction, says Ethan
Nadelmann, executive director of the Drug Policy Alliance in New York, the
United States these days is an "outlier," increasingly far from the
European mainstream.

Actually, the Netherlands' new policy isn't as out-there as it might seem
at first —glance. Official pot will be sold only for the alleviation of
acute pain in the treatment of such diseases as cancer, AIDS and multiple
sclerosis, as well as a handful of unusual ailments like Tourette's
syndrome. No more than 15,000 patients are expected to receive the drug in
the first year. Nonetheless, it's significant that nations that used to
tailor their drug policies to U.S. concerns are today far less inclined to
do so. Europeans are increasingly put off by what they see to be America's
extremism—the stridency of the Bush administration's "zero tolerance" crime
and anti-drug campaigns, its growing conservatism on social and cultural
issues, its unilateralism in Iraq and go-it-alone unwillingness to abide by
treaties and international norms held dear by Europeans, from environmental
accords to agreements on international criminal justice. "People are
saying, you can't hold us to some treaties and choose the ones you do and
don't want to adhere to," says Eugene Oscapella, a lawyer in Ottawa who
specializes in international drug issues. "There's a lot of skepticism
about America," he adds, and it's spilling into other realms, including
drug policies.

The zealous U.S. attorney general, John Ashcroft, embodies this
ambivalence. Many Europeans see him as nothing short of a right-wing Jesus
freak, a caricature of Europe's worst fears of the Ugly American. His
Justice Department has overseen vigorous (some would say absurd)
prosecutions of cases that mystify people on the other side of the
Atlantic. Dozens of vendors of water pipes, sometimes used to smoke
marijuana, have been indicted by the Justice Department, for example, even
when no actual drugs are involved. The comedian and actor Tommy Chong—of
Cheech & Chong fame—faces up to three years in prison for allowing his name
to be used to sell "Chong's Bongs" online. Authorities have raided hospices
for the sick and the dying in several California cities, even though
California is one of 10 states, representing 20 percent of the nation's
population, to have passed medical-marijuana initiatives—only to have them
overturned by conservative judges. Says Oscapella: "It really is a crusade,
pointing at drugs as the devil."

Not long ago, countries such as France could be counted on to follow the
conservative U.S. line on drugs. No more. Though widely regarded in Europe
as a hard-liner, French Interior Minister Nicolas Sarkozy recently helped
find a site for a music festival attended by some 40,000 ravers. (He even
promised funds for cleanup and damages, if needed.) By contrast, U.S.
Justice Department attorneys have been using the newly enacted Illicit Drug
Anti-Proliferation Act—popularly known as "the Rave Act"—to crack down on
institutions where drugs are consumed. Critics say that nightclubs, dance
halls, sports arenas and possibly even hotels can be targeted under the
legislation, which Europeans consider to be draconian and a potential
threat to individual civil rights.

Nor is it just Europe that's scorning U.S. policies. Even neighboring
Canada, traditionally far more in tune with America than Europe, is
considering new laws that would decriminalize possession of as much as 15
grams of cannabis. Everyone from the U.S. drug czar, John Walters, to
President George W. Bush himself has weighed in, threatening Canada with
tighter border restrictions and possible trade penalties if its Parliament
approves the measures. Yet that might only be the beginning of Canada's
perfidy, at least as Washington sees it. Like the Netherlands, Ottawa has
also begun a medical-marijuana program; like Spain and Germany, it's
starting up a government-funded project to supervise injections for
hard-drug addicts in Vancouver.

Should all this come to pass, whether in Canada or Europe, it will be a
clear sign that key elements of America's once globally influential "drug
war" are going up in smoke. Growing numbers of Europeans would say it's
about time. Regardless of the merits, they will chalk it up as yet another
defeat for Arrogant America.

Eugene Oscapella Tel: (613) 238-5909
Barrister and Solicitor Fax: (613) 238-2891
Ottawa, Canada