The Netherlands’ “coffee” shops are retail stores where the Dutch government tolerates cannabis sales for personal consumption. In our prior post, we explained the basic legal framework around cannabis in the Netherlands. Here, we will discuss how the country has implemented its coffee shop system. Through the Tolerance Policy we previously described, the government allows coffee shops to sell cannabis under strict conditions and will not prosecute them if those conditions are met. In order to open a coffee shop in the Netherlands, the owner needs both an operating licence and a Declaration of Tolerance (and a license to deviate from zoning regulations to the extent applicable). The operating licence, if mandated by the locality where the coffee shop will be located, is governed by local General Bye-Laws. Because coffee shops will sell cannabis, a prohibited List II soft drug pursuant to the Opium Act, they also must obtain a “Declaration of Tolerance,” which indicates that the municipal government and…
