The Dutch 15% Rule

The government of the Netherlands recently announced the proposal of a new law that would redefine any Cannabis product containing more than 15% THC as a hard drug. It would preclude sales of most hashish, especially the ice- or cold water extracted varieties the Netherlands is so famous for - and according to some, up to 80% of the herbal Cannabis varieties currently sold in coffeeshops. Any establishment found during routine checks to be stocking illegally potent strains would be subject to fines, and upon repeated violations, potential closure and loss of license.

The government of the Netherlands recently announced the proposal of a new law that would redefine any Cannabis product containing more than 15% THC as a hard drug. It would preclude sales of most hashish, especially the ice- or cold water extracted varieties the Netherlands is so famous for – and according to some, up to 80% of the herbal Cannabis varieties currently sold in coffeeshops. Any establishment found during routine checks to be stocking illegally potent strains would be subject to fines, and upon repeated violations, potential closure and loss of license. 

The passing of the new law would involve the modification of the existing Opium Act, a procedure that has often been claimed to be nigh on impossible to achieve. In the past this argument has been used as a way to explain previous governments’ reluctance to legalize Cannabis; that legislating against Cannabis would be so easily accomplished is extremely telling of the political direction the nation is taking. Although the proposal is ostensibly made with the developing youth, the unwary tourist and the hopeless addict in mind, it seems that it is truly intended to further frustrate and hinder the beleaguered ranks of the coffeeshop owners – as part of the ongoing campaign to make business so full of red tape and taxes as to be unappealing, and indeed nonviable. 

Opponents of the law have pointed out several fairly glaring errors of judgment inherent in the proposal. Perhaps most pressingly: while a very slim selection of at-home THC testing kits is available, it is very difficult to test THC levels in Cannabis at point-of-sale. Most kits work on the basis of thin layer chromatography (TLC) and require a control specimen (of which the THC percentage is confirmed) for purposes of comparison. 

If these control specimens were to be acquired through liaising with a lab, specimens would then need to be kept in a state where the THC would not degrade (unless specimens were sent out to all coffeeshops every few days – which would be ridiculous, not to mention costly.) Providing such optimum conditions may not be possible for most coffeeshops, who are by their very nature not laboratories. Just sticking it in the deep freeze is not quite what is meant by a scientific approach, after all. Without a control specimen, the most a TLC test can really do is show the existence of different cannabinoids and give a rough idea of the ratios in which they are present. 

One of the few available DIY testing kits for cannabinoids (Photo: Montana Biotech)

On top of all this, DIY testing programs would likely be liable to a higher margin of error than those conducted in a controlled environment by trained technicians. This fact remains even if one considers the possibility of regulating the cultivation of Cannabis, rather than its sale, to retail establishments – although in some respects it would make a little more sense as an option. Ideally, if the law must be implemented, the grower will know which strains will fall within the legal limit before even attempting to cultivate anything, and will be able to assess the levels of THC throughout the grow in order to ensure no loss of earnings from growing unusable crops. A stable lineage can usually be expected to produce offspring that will be similar in cannabinoid profile to its parents, so buying good quality strains from reputable seed companies should provide some guarantee to the grower. However, in practice one can never be entirely certain of what one is purchasing, and the possibility for anomalous potency may also lead to the potential for laws to be broken entirely unintentionally. 

The common preference for clones is a double-edged sword: while one can be sure the genetic profile of the clone is identical to the mother's, clones are only available through the black market and the likelihood of such genetics to be rigorously tested and reliable is low. Potential THC percentage may in the future be discoverable through genomic testing of young clones or seedlings; however, such technology is in its infancy and is unlikely to be available for some years. It is also very unlikely that growers or coffeeshops would be able to accurately implement such exacting procedures. 

To ensure valid results, specialized conditions and equipment must be used (Photo: TounoTouji)

Even if proponents were crystal clear about how they intend to enforce the rule, the thinking behind it remains dubious. The main argument seems to be: if THC causes developmental problems in young adults, schizophrenia, and depression, then products higher in THC will therefore be even more likely to produce these effects. Firstly, it is far from clear how much blame can truly be laid on Cannabis for many of these occurrences in humans. 

Secondly, the argument fails to take into account the importance of the cannabinoid ratio, which includes myriad different compounds whose individual effects on humans are yet to be determined –  let alone the effects of their countless different combinations. Specimens of Cannabis that fall within the 15% THC limit may contain ratios of other cannabinoids that moderate the overall effect in particularly harmful or undesirable ways. Until we know more about this vastly complex interaction between our two species, an arbitrary rule such as this makes no sense and may well do more harm than good. 

The Dutch coffeeshops are not having an easy time of late (Photo: Liber)

It remains to be seen what methods would be used by growers and wholesalers to circumvent the rule. As many have found out (after purchasing a bud that turned out to be coated in weight-increasing substances) those behind the scenes in a criminalized industry seldom have the best interests of the end-user at heart, preferring to prioritize profit. If safety was truly paramount, the Netherlands would have a legalized and regulated industry. Passing a law in the name of safety that in no way ensures it is at best hypocritical and at worst highly dangerous. However, it has not yet passed the final stages of the legislative procedure – many such proposals have not, in the past – and the fervent hope that it will not is shared by many, both in the Netherlands and in the wider international community.