1. ENGLISH: What is this about?
This website was created in 2007, when the Dutch Minister of Health Ab Klink (of the Christian Democratic Party) announced that fresh shrooms, which had been legal up to that point, would be banned. We try to keep our readers up to date about all developments. On the front page you’ll find all news items in Dutch, below are the most significant developments in English.
Save the Shrooms!
December 9, 2008
On December 1 all psychoactive mushrooms have been made illegal in the Netherlands.
According to the Public Prosecutor, the prohibition “focuses primarily on the commercial cultivation and sales.” Users of magic mushrooms can theoretically continue their use, as long as they cultivate the fungi themselves.
On November 28 the Dutch court decided that the ban on magic mushrooms will go into effect as of December 1 after all. The VLOS (the national association of smartshops) tried to fight the decision in court only a few days before it would go into effect, but their arguments were ignored by the judge. So far no detailed explanation for the judge’s decision has been given, but spokesman of the VLOS, Paul van Oyen, replied that they might appeal to the higher court in a final attempt to undo the ban.
This means that as of December 1, it will no longer be possible for the Dutch to buy fresh mushrooms in smartshops. A big leap backwards for a country that once had a progressive drug policy. Most politicans still seem to be oblivious to the increased risks that this ban brings along , such as the chance of people consuming poisonous mushrooms, dosing wrong due to lack of (objective) information, etcetera.
The mayor of Amsterdam has commented that at this point in time the specifics of the new law are too vague for him and his police forces to act upon. And although some smartshops still sell the now illegal mushrooms, their stock is limited because all the wholesale suppliers of fresh shrooms have quit their business.
Meanwhile others are challenging the Minister of Health, for deliberately spreading falsehoods. Some politicians have also noted this, and will ask the Minister for clarification this week. The main falsehood concerns his example of a French man who killed his dog last year. Initially it was said the man had taken mushrooms, but an investigation (requested by the Minister of Health himself) reveiled that the man had not been under the influence of mushrooms at all, but had been psychotic for years. Though this rectification appeared in newspapers in July 2007, the Dutch Minister of Health continued to use the original story in March and August 2008 as a justification for his decision to ban all psychoactive mushrooms.
A few days before the ban, a Dutch TV station recorded the following news item, which was aired on December 1 and can now be viewed with English, German or French subtitles: Shrooms to be banned in the Netherlands.
November 26, 2008
In a final attempt to prevent the magic mushroom ban, the national association of smartshops (VLOS) yesterday appeared in court to fight the decision of health minister Ab Klink. VLOS claimed that it has not been proven that mushrooms are the cause of the death of a 17 year old french girl, who jumped off a bridge in 2007, allegedly after consumption of psilocybin mushrooms. Furthermore they say that regarding other incidents, it was rather the combination of several drugs and alcohol, and the mental state of the user, and not just the use of mushrooms. These arguments, along with the results of the study of the Coödinationpoint Assessment and Monitoring of new drugs (CAM), in which was concluded that public health risks are small and that a ban is out of proportion, were brought forward by the lawyer of the VLOS. The court will announce its verdict on November 28.
Mushroom ban to take effect on December 1
November 13, 2008
Last week several Dutch newspapers reported that the sales of fresh magic mushrooms will be banned per December 1. The official documents required for the ban to take effect will be signed by the Dutch queen before the end of the week.
Despite the advice of CAM (Coödinationpoint Assessment and Monitoring of new drugs), and a whopping 188 questions regarding the proposed ban posed by members of the Parliament, health minister Ab Klink stuck to his guns. He believes use of magic mushrooms can lead to ‘unpredictable behavior and risk-taking’.
In the meantime, the national association of smartshops (VLOS) has announced that they will fight the decision in court. VLOS believes many prodecural mistakes have been made, and is dissapointed that there has been no consultation with the authorities before this decision was made. Many smartshop owners fear that the ban will result in financial problems, or even closure of stores.
April 10, 2008
For years psychedelic mushrooms could be sold freely in Dutch smartshops. But in 2005 these shops were no longer allowed to sell processed Psilocybe cubensis mushrooms, including dried shrooms. So they started selling only freshly picked shrooms, which continues to this day. After a French underage student committed suicide while under the influence of mushrooms, certain politicians decided the fresh mushroom must be banned as well. This website (“Save The Shrooms”) was created soon after that, and a couple of weeks later we organized a protest in Amsterdam which was attended by hundreds of shroom enthusiasts.
In March the Dutch government finally got together to discuss its drug policy. During this debate politicians expressed their views and opinions on the legal status of the magic mushroom (fresh or dried), as well as several other drugs such as cannabis and MDMA (Ecstasy). It was clear from this debate that there are quite a few politicians who have really investigated the different sides of this issue, while others (almost without exception members of the Christian parties) repeatedly brushed aside all scientific data and common sense arguments.
Several politicians agreed that it’s time to make a thorough evaluation of the past thirty years of liberal drug policy, to see in what ways it has failed and in which ways it has been succesful, and to determine what direction future drug policy should be heading towards.
Some stressed that there are quite a few new drugs, such as MDMA, which have never been investigated by any (Dutch) governmental agency, even though these (illegal) substances are being used regularly by thousands of people.
But as far as the shroom is concerned, there was a lot of disagreement on whether to continue, improve or discontinue the current situation. In the past months many individuals and groups have suggested ways to improve the ways in which mushrooms are sold (such as the “three days waiting period” for tourists visiting Amsterdam), so as to avoid accidents amongst polydrugged weekend tourists especially. Some of these ideas were repeated in the debate, but as mentioned above, certain “faithful” individuals preferred to forgo common sense, pointing to the drug laws of the USA and UK as the way to go for The Netherlands (even though all data points out that these policies are completely ineffective and counterproductive).
It seems it will take at least months before we can expect any significant changes in the current situation. Until that time the fresh mushroom can still be bought over-the-counter in several Dutch smartshops and tourist boutiques.
February 6, 2008
Although the Dutch government initially planned to discuss drug policy, and the legal status of the mushroom, in the third week of January 2008, it has been postponed several times. The topic is now scheduled for February 12, 13 and 14.
November 13, 2007
The protest on Dam Square was a big success as you can see here (English). There were around 400 people and there was a nice and relaxed atmosphere.
October 12, 2007
Ministers Ab Klink (Christian democrat responsible for the Healthcare department) and Ernst Hirsch Ballin (Christian democrat responsible for the justice department) have decided to put in effect a ban on all hallucinogenic mushrooms.
This is done without waiting for the last CAM report that was published, which describes the risks involved with use of shrooms for the individual and society. Next week the Dutch parlement decides on this issue [this has been postponed several times, see updates below]. We have started a petition, currently only for Dutch people, to try to stop this ban.
We are also organising a real protest! So bring all your friends and join us at Dam square (Amsterdam) next Saturday [from 1 pm till 3 pm. We invite everyone to be creative and design your own mushroom to show on this event.
These are our arguments against the ban on magic mushrooms:
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- Except among young foreign tourists, the use of shrooms has not lead to problems at all. Irresponsible use can be prevented by the three-day plan, proposed by major Cohen from Amsterdam.
- Shrooms are mind expanding and enable it’s user to look at oneself and the world from a different perspective. With responsible use, this is often a special and positive learning experience.
- Shrooms are a natural phenomenon growing in the wild all throughout Europe, users can look for shrooms in the forest with the risk of picking poisonous even deadly mushrooms. (in France people supposedly died because of this)
- Through a few simple measures the sales of shrooms can be regulated via about 120 smartshops with a good reputation. Controlled by the food authorities instead of the department of Justice.
- A ban pushes the sale into the underground crime scene.
- A ban on natural psychedelic substances will lead to an increase of synthetic substances in the scene.
- After ten years of legality, the shroom has become part of the Dutch culture in such a way, that a ban will not reduce use of the shrooms. Instead, a ban will turn many people into criminals from one day to the other.