People who do not live in the Netherlands may be excluded from entering a coffee shop. That has been stipulated by the Council of State today. According to this highest judge in administrative law, the so called resident criterion is not in conflict with European law and with the Dutch constitution.

According to the Council of State, the resident criterion is in fact an infringement on the European law regarding free exchange of services, but this infringement is allowed in order to fight drug tourism and the accompanying nuisance.

The resident criterion is not in conflict with the constitution, as there are, according to the Council of State, ‘objective and reasonable grounds’ for this indirect difference as to nationality.

This judgment by the Council of State will be welcomed by the Minister of Safety and Justice, Ivo Opstelten (Liberal Party). He has made clear that he wants coffee shops to be accessible only for those with an ID certifying that they are Dutch citizens. This means, tourists will not be able to by cannabis in the Netherlands anymore.

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