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11 maltatoday | SUNDAY • 20 JANUARY 2019 NEWS The Netherlands Illegal but tolerated Perhaps the place in the world most associ- ated with cannabis is the Netherlands. Am- sterdam has been a stoner's Mecca for decades now, however, its status in the country can be best described as illegal but not punishable. Possession of up to five cannabis plants as well as 5grams is decriminalised, however the police also have the right to confiscate it. On the commercial side, the sale of small quantities is allowed in licensed coffee shops, which must abide by regulations including a ban on the sale of alcohol and the prevention of any public disturbances. In order to clamp down on disturbances re- sulting from cannabis tourism, the Dutch gov- ernment has forced coffee shops to become smaller and focus on the local market. The policy is intended to make coffee shops less at- tractive to drug users from abroad who are pro- hibited from buying cannabis. Coffee shops being allowed to buy and sell cannabis, however, raise a legal contradiction because while such establishments are allowed to do so within legally tolerated limits, suppli- ers are not allowed to grow or import the plant. While functional, the situation raises con- cerns about the level of oversight the authori- ties can have on coffee shops and what they are selling to customers. Spain Locally grown Similar to the Netherlands, the Spanish can- nabis industry operates within a tolerated legal loophole. The sale and importation of cannabis is illegal in Spain and both are punishable by jail time. Rather than purchasing cannabis at dispensa- ries, Spanish users can choose to grow their own – personal cultivation is decriminalised – or join what are commonly known as cannabis social clubs. Purchasing, being in possession of, or smok- ing cannabis in public places are decriminalised and can lead to a fine or confiscation. Cannabis clubs operate in a legal grey area which allows non-profit associations to grow cannabis and sell it to their members, as long as they do so at cost price. Members must be legal adults and cannabis clubs cannot dispense more than an amount necessary for immediate consumption. Proponents of the Spanish system point to the fact that allowing cannabis to be dispensed by entities using a non-commercial approach eliminates suppliers whose only goal is profit. Social clubs have no incentive to attract new users as a for-profit company would. On the other hand, operating in a grey area raises oversight concerns. The proliferation of clubs in Spain – currently to number anything between 500 and 800 – has raised the prospect of some clubs turning away from the non-com- mercial model. According to the European Monitoring Cen- tre for Drugs and Drug Addiction, the number of young adults who reported use in the last year has gone from 20.3% to 17.1% since 2006. Uruguay State-administered dispensing Back in 2013, Uruguay became the first coun- try to legalise cannabis for recreational use. In order to access cannabis, Uruguayan smok- ers must choose one of three forms of supply: home growing, growing clubs, or commercial purchase. Citizens are legally allowed to grow up to six plants at home as long as they have first regis- tered with the authorities and seen that their annual production doesn't exceed 480 grams. There were some 8,000 registered growers at the start of 2018. Unlike in other jurisdictions where smokers can legally purchase cannabis, in Uruguay this can only be done through state-approved phar- macies. Individuals can buy up to 40grams per month and limited to just two types of canna- bis. There were 22,000 registered users at the end of 2017. If they choose to, smokers can also opt to start a growing club. Clubs must also register with the authorities, may have up to 45 members growing up to 99 plants. Any surplus yield must be returned back to the authorities. Uruguay currently has close to 100 cannabis clubs. While Uruguay has been commended by ad- vocates of legalisation for taking the first step, the practice of registration has been a sore point for many who will point to the fact that there are less than 40,000 registered users when estimates of the cannabis-smoking population are closer to 160,000. In fact, some estimates place the legal market share at about 20% with the rest being black market. Colorado Spoilt for choice The state of Colorado in the United States legalised recreational cannabis use in 2014, opening itself up to a fully-fledged commercial cannabis market. The state allows dispensaries to sell cannabis in a range of forms, from edible products to body creams and tinctures. There are hundreds of variants and flavours of each product. Under the state's laws those aged 21 and over are able to buy up to one ounce of cannabis at a go from any licensed shop. The sale of homegrown cannabis is prohib- ited, however public consumption, in the form of edibles, smoking or vapourisers was recently made legal. Driving under the influence of can- nabis is considered an offence similar to driv- ing under the influence of alcohol. Smokers are allowed to cultivate up to six cannabis plants in their homes and are allowed to be in possession of all the flowers produced by those plants. While too early to determine exactly what overall effect legalisation has had on the pop- ulation, surveys conducted in 2016 – just two years after legalisation – showed that legalisa- tion has not resulted in any significant change in use among teens. The state also experienced an almost 50% de- crease in the number of cannabis-related ar- rests by the police. Colorado has, however, witnessed an increase in cannabis-related hospital visits, mainly at- tributed to out-of-state tourists having a nega- tive experience. There has been an increase in the number of car crash rates, however there has been no significant change in the number of traffic fatalities. The legal status of cannabis varies around the globe but in recent years, more countries have been moving towards legalisation. Models vary from having the industry operate legal grey areas to state-run systems and to completely liberalised markets Cannabis legislation around the world