Mayor's closure of Maastricht coffeeshop ruled unlawful

General discussion about cannabis and coffeeshops.
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Balou
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Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by Balou »

The mayor of Maastricht should not have closed the Easy Going coffeeshop for a three-month period in September 2006, according to a judgment given today by the Administrative Jurisdiction Division of the Council of State.

Read the full brief in the following. pdf
http://www.raadvanstate.nl/pers/maastri ... engels.pdf


Are you stoned? Like a gravel road bitch, like a gravel road!
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Marco
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by Marco »

Yes, but the full story of this ruling is not so good :(

Cannabis cafe tourist ban can go ahead, says supreme court

Wednesday 29 June 2011

Maastricht's mayor was wrong in 2006 when he closed down a cannabis cafe which had sold soft drugs to tourists because he used inappropriate legal grounds, the Council of State said on Wednesday.

Nevertheless, there are sufficient legal grounds to allow the cabinet to press ahead with its plans to ban tourists from the country's 500 cannabis cafes, known as coffee shops, the supreme court said.

The mayor had based his decision on a local bylaw imposing a residence requirement on coffee shop visitors, rather than the Opium Act, the court said.

However, 'the judgment does not mean the mayor has no further statutory scope for taking measures against coffee shops that he believes cause nuisance problems,' the court said in a statement. 'Under the Opium Act itself, the mayor may impose an enforcement order against coffee shops selling narcotics.'

Member-only clubs

In an initial reaction, the justice ministry said the ruling clears the way for the government to turn coffee shops into member-only clubs open only to people who officially live in the Netherlands.

It is clear that European law allows foreigners to be excluded from coffee shops, but this will have to be implemented via a different legal mechanism which 'will be solved quickly', the spokesman told news agency ANP.

In December, the European Court of Justice said Maastricht is not breaking European law by attempting to stop non-residents buying soft drugs. Restricting sales is 'justified by the objective of combatting drug tourism' and reducing public nuisance and the aim of the restriction is to maintain public order and protect public health, the court said.

At the moment, the authorities turn a blind eye to the sale of small quantities of hashish and marijuana in licenced cafes. Coffee shops have become a popular tourist attraction, particularly in Amsterdam and border towns such as Maastricht.
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donpacino
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by donpacino »

Marco wrote:Yes, but the full story of this ruling is not so good :(

Cannabis cafe tourist ban can go ahead, says supreme court

Wednesday 29 June 2011

Maastricht's mayor was wrong in 2006 when he closed down a cannabis cafe which had sold soft drugs to tourists because he used inappropriate legal grounds, the Council of State said on Wednesday.

Nevertheless, there are sufficient legal grounds to allow the cabinet to press ahead with its plans to ban tourists from the country's 500 cannabis cafes, known as coffee shops, the supreme court said.

The mayor had based his decision on a local bylaw imposing a residence requirement on coffee shop visitors, rather than the Opium Act, the court said.

However, 'the judgment does not mean the mayor has no further statutory scope for taking measures against coffee shops that he believes cause nuisance problems,' the court said in a statement. 'Under the Opium Act itself, the mayor may impose an enforcement order against coffee shops selling narcotics.'

Member-only clubs

In an initial reaction, the justice ministry said the ruling clears the way for the government to turn coffee shops into member-only clubs open only to people who officially live in the Netherlands.

It is clear that European law allows foreigners to be excluded from coffee shops, but this will have to be implemented via a different legal mechanism which 'will be solved quickly', the spokesman told news agency ANP.

In December, the European Court of Justice said Maastricht is not breaking European law by attempting to stop non-residents buying soft drugs. Restricting sales is 'justified by the objective of combatting drug tourism' and reducing public nuisance and the aim of the restriction is to maintain public order and protect public health, the court said.

At the moment, the authorities turn a blind eye to the sale of small quantities of hashish and marijuana in licenced cafes. Coffee shops have become a popular tourist attraction, particularly in Amsterdam and border towns such as Maastricht.
Oh great, here we go again. Just when i thought things was calming down. Still spose' it could take a while to "find away around it"
What is thy bidding my master?
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Marco
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by Marco »

donpacino wrote:
Marco wrote:Yes, but the full story of this ruling is not so good :(

Cannabis cafe tourist ban can go ahead, says supreme court

Wednesday 29 June 2011

Maastricht's mayor was wrong in 2006 when he closed down a cannabis cafe which had sold soft drugs to tourists because he used inappropriate legal grounds, the Council of State said on Wednesday.

Nevertheless, there are sufficient legal grounds to allow the cabinet to press ahead with its plans to ban tourists from the country's 500 cannabis cafes, known as coffee shops, the supreme court said.

The mayor had based his decision on a local bylaw imposing a residence requirement on coffee shop visitors, rather than the Opium Act, the court said.

However, 'the judgment does not mean the mayor has no further statutory scope for taking measures against coffee shops that he believes cause nuisance problems,' the court said in a statement. 'Under the Opium Act itself, the mayor may impose an enforcement order against coffee shops selling narcotics.'

Member-only clubs

In an initial reaction, the justice ministry said the ruling clears the way for the government to turn coffee shops into member-only clubs open only to people who officially live in the Netherlands.

It is clear that European law allows foreigners to be excluded from coffee shops, but this will have to be implemented via a different legal mechanism which 'will be solved quickly', the spokesman told news agency ANP.

In December, the European Court of Justice said Maastricht is not breaking European law by attempting to stop non-residents buying soft drugs. Restricting sales is 'justified by the objective of combatting drug tourism' and reducing public nuisance and the aim of the restriction is to maintain public order and protect public health, the court said.

At the moment, the authorities turn a blind eye to the sale of small quantities of hashish and marijuana in licenced cafes. Coffee shops have become a popular tourist attraction, particularly in Amsterdam and border towns such as Maastricht.
Oh great, here we go again. Just when i thought things was calming down. Still spose' it could take a while to "find away around it"
Its only here we go again for people not paying attention! :D This simply rules that the pass would be legal under Dutch law. There is still little evidence it will be implemented.
guinarghetto
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by guinarghetto »

then is it possible to get weed in CS of maastricht for foreigners?
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Balou
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by Balou »

guinarghetto wrote:then is it possible to get weed in CS of maastricht for foreigners?
It's always been possible. The shop was only closed for a few days several years ago.

Peace,
Balou
Are you stoned? Like a gravel road bitch, like a gravel road!
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Chrisuperfly
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Re: Mayor's closure of Maastricht coffeeshop ruled unlawful

Post by Chrisuperfly »

Balou wrote:
guinarghetto wrote:then is it possible to get weed in CS of maastricht for foreigners?
It's always been possible. The shop was only closed for a few days several years ago.

Peace,
Balou

+1 Easy Going is still there. Last time I was there I got the El Diablo (if I remember correctly).
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