Whakawātea te Huarahi - A model drug law to 2020 and beyond - NZ Drug Foundation

Page created by Gordon Elliott
 
CONTINUE READING
Whakawātea te Huarahi - A model drug law to 2020 and beyond - NZ Drug Foundation
Whakawātea
te Huarahi
A model drug law
to 2020 and beyond
Whakawātea te Huarahi - A model drug law to 2020 and beyond - NZ Drug Foundation
It’s time to
take action

Our model drug law is based on evidence and research                   Ahakoa he iti, he pounamu,
from New Zealand and around the world about the best                   ara, ko Aotearoa. He kaha
way to reduce the harms caused by both drugs and our                   tonu tātou ki te tū mo
current drug laws.                                                     ngā mea tika. I ngā hītore
We think New Zealand is ready to have this discussion.                 o Aotearoa, kāore tātou
It’s time to move the conversation past the question                   e matakū, ko tātou he
‘Should we reform?’ to ‘How should we reform?                          manawanui ki a aratakina
We know that 64% of us now think the law on cannabis                   te ao mo ngā kaupapa
prohibition should be changed, for example. And calls                  whakahirahira ki a tātou.
are getting louder by the day for a new approach to
methamphetamine in our communities.                                    New Zealand is a small,
New Zealand has some excellent and world-leading                       agile country with a strong
harm-reduction approaches in place already, such as                    sense of justice. We have
our needle exchange programme and Police diversion                     a history of not being afraid
schemes. We want to build on that. We can also build                   to lead the world on issues
on our National Drug Policy 2015–2020, which rightly                   that we hold dear.
sees drug use as a health issue.

                                                                       64%
So let’s start making the changes we all want to see.
Let’s aim for better health, less crime and better
outcomes for rangatahi.

Whakawātea te Huarahi
Clearing the pathway forward                                           OF US NOW THINK THE LAW
                                                                       ON CANNABIS PROHIBITION
‘Whakawātea’ means to clear, free up, cleanse or purify spiritually,   SHOULD BE CHANGED
while ‘huarahi’ is a pathway, road or track. For us, the title
“Whakawātea te Huarahi” signifies a fresh start for the debate on
drug policy and a sense of movement towards a better future.
We all want a happier,
healthier, more equal
New Zealand.
For us that means treating drug use as a
health issue rather than a criminal issue.

WE PROPOSE:

• Removing criminal penalties for the
  possession, use and social supply of all drugs
• Developing a strictly regulated cannabis market
• Putting more resources into prevention,
  education and treatment

This model drug law is intended to be a
conversation starter. We’d love to know
what you think.

www.drugfoundation.org.nz                           01
We can make some
simple changes that will
make all the difference

                                                                      3,140
The Misuse of Drugs Act 1975 came into force more than 40 years
ago. It sets out harsh criminal penalties for possession and use of
drugs in an attempt to stop people taking them.
This is an approach that has proved both ineffective and harmful.
Research and experience around the world shows that criminal
penalties have surprisingly little impact on whether people           In 2015, 3,140 people
take drugs.
                                                                      were convicted for
Our high drug use in New Zealand is proof of that. Even though        possession and/or
we convict thousands of people each year for using drugs, we have     use of an illicit drug
some of the highest use rates in the world.                           or drug utensil.
Our laws prevent people accessing help when they need it, and
they leave thousands every year with a conviction that impacts        ‘Drug harm’ includes harms to
on employment, relationships and travel.                              physical and mental health and
                                                                      negative effects on employment
It’s a simple fix. We need to repeal the Misuse of Drugs Act and      and relationships. It can also
replace it with a new Act that treats drug use as a health issue,     include harm caused by our drug
not a criminal issue.                                                 laws. For example, spending time
                                                                      in prison can have a huge impact
                                                                      on a person and their family –
                                                                      especially their children.

02   A model drug law to 2020 and beyond                                             www.drugfoundation.org.nz
Five goals we should
all be aiming for

5              G            1   Minimise the harm
                                caused by drug use
                                                           • Young
                                                           •
                                                           •
                                                                     people have special protection from harm.
                                                               If people decide to use drugs, they start later and use less.
                                                               Anyone can access treatment when they want it.

               O2
                                                           • The   law makes it easy to take action that reduces the harms caused by drug use.

                                Respect human rights       • Penalties      for drug-related behaviour are proportional to the harm caused
                                                               to others.
                                                           • People   who use drugs have access to an equal quality of care in the

               A 43
                                                               health system.

                                Safer communities with     • Drug-related crime is reduced by investing in prevention, education and treatment.
                                less drug-related crime    • The   black market is reduced, and no one profits by causing harm.

               L5
                                Equity for Māori           • Māori   are integral to developing and implementing drug law.
                                                           • Māori   are not disproportionately impacted by laws.
                                                           • If  a regulated cannabis market is developed, the economic benefits are felt
                                                               by Māori communities.

               S
                                Policy is cost-effective   • Money    is spent on what works to reduce harm – such as treatment rather
                                and evidence-based             than enforcement.
                                                           • Regulations      are as simple as possible and provide value for money.

$1.8B
                                                               Unfortunately, our current system is not achieving these
                                                               five key goals. Illicit drug costs New Zealand $1.8 billion
                                                               per year in health, social and economic harms.
                                                               Meanwhile, families and communities struggle to know
                                                               who to turn to for support with drug issues. We have long
                                                               waiting lists for treatment, and stigma around drug use
                                                               stops people seeking treatment.
                                                               Unacceptably, around 40% of people in prison for drugs
              Drug use costs New Zealand                       are Mäori. Mäori are also twice as likely to experience
              $1.8 billion per year in health,
                                                               substance use disorder in their lifetime. Promoting Mäori
              social and economic harms.
                                                               equity needs to be a key goal of any new drug law.

www.drugfoundation.org.nz                                                                                         A model drug law to 2020 and beyond   03
It’s time to decriminalise
possession, use and
social supply of drugs

     WE PROPOSE:

• Treating drug use as a health issue rather than a criminal issue
• Providing more funding for prevention, education and treatment

Under our proposal, commercial supply and trafficking of drugs
would still be punished, but people who are caught with drugs
for their own use would not face criminal penalties.
                                                                         CASE STUDY
Why? Because the vast majority of people who use drugs do so

                                                                         Portugal
without causing harm to themselves or others. Prosecuting them
can have a far-reaching negative impact on their lives but has limited
or no effect on their drug use.
                                                                         Portugal decriminalised the use of
The minority who do struggle with their drug use need support,           all drugs in 2001 and invested heavily
compassion and access to treatment. Fear of criminal punishment          in prevention, treatment and harm
does not stop people using drugs. In fact, it can make them use          reduction. Drug use is still prohibited
more heavily. Offering treatment instead is not only more humane,        but does not carry criminal penalties
                                                                         in most cases
it actually works.
                                                                         Counter-intuitive? Evidence indicates
                                                                         this approach is working, with
                                                                         decreases in drug use, fewer
                                                                         offenders in prison, fewer court cases
                                                                         and a reduction in HIV infections and
                                                                         overdoses. Importantly, drug use by
     How about trafficking and                                           young people aged 15–19 has fallen,
     commercial dealing?                                                 not skyrocketed as many expected.
                                                                         Thanks in part to Portugal’s positive
     These would remain illegal, but we
                                                                         experiences, at least 15 countries
     think the penalties should be
                                                                         have now decriminalised personal
     reviewed to make sure they are
                                                                         possession of all drugs.
     proportionate and consistent.
     For example, the maximum penalty
     for dealing Class A drugs is life
     imprisonment. This puts it on a par
     with murder.

04     A model drug law to 2020 and beyond                                               www.drugfoundation.org.nz
How would our
proposal look in
practice?

   WE WANT TO:                                                                    CASE STUDIES

• Ensure those with drug use issues are offered treatment
   as early as possible
• Reduce the number of people needlessly introduced into
                                                                                  Joel 34y
                                                                                  Is having trouble with his meth use
   the criminal justice system                                                    and feels like his life is spiralling out
                                                                                  of control. He’s caught by Police with
                                                                                  a small amount on his person. He’s
If police find a person in possession of drugs, they would issue
                                                                                  given a caution, and because meth
a ‘mandatory caution’. They would also give out some health                       is a Class A drug, he’s sent to a brief
information and legal advice.                                                     intervention session the next day with
                                                                                  a local health NGO. They recommend
After one, two or three cautions (depending on the drug), the person              he seeks treatment and suggest a
would be required to attend a brief intervention session run by a                 range of options. He decides to see
community alcohol and drug treatment service. The session would                   a counsellor to help him address
                                                                                  some of the underlying issues leading
result in a recommendation as to whether further health assessment
                                                                                  to his dependency on meth. He also
and treatment is needed. If so, a range of non-compulsory treatment               joins a support group and is able to
options would be available.                                                       dramatically reduce his meth use.

To ensure the focus remains on improving health outcomes, any legal

                                                                                  Sam 22y
penalty for not attending the brief intervention session would be
restricted to an option to reschedule or a low fine.
                                                                                  Uses drugs occasionally on
                                                                                  weekends. She’s caught by Police
                                                                                  buying a tab of ecstasy, which has
                                                                                  been reclassified as a Class C drug.
It is not generally                   What about drug utensils                    They give her a mandatory caution
appropriate for the State             (such as pipes and bongs)?                  and some information on staying safe
to intervene coercively to                                                        and how to access help if she needs
                                      We don’t think possession of a drug         it. Having read the information, she
prevent individual citizens           utensil should be a crime. There’s no       decides that her drug use is not
from harming themselves.              evidence that the offence deters drug       currently problematic, but from then
LAW COMMISSION REPORT 2011            use, and keeping utensils illegal doesn’t   on, she is more aware of the risks
“CONTROLLING AND REGULATING DRUGS”    help us meet any of our health goals.       and takes better health precautions.
(PAGE 48, PARA 1.44)                  Some utensils, such as sterile needles      Sam continues her life with no further
                                      and vaporisers, can actually save lives.    interaction with the Police.
                                      We’d like to see the supply of drug
                                      utensils carefully regulated though,
                                      with health a key focus.

www.drugfoundation.org.nz                                                                  A model drug law to 2020 and beyond   05
What about
cannabis?

                                                                                             44
     WE PROPOSE:

• Developing a regulated cannabis market that protects young
  people and keeps health considerations central

A poll commissioned last year showed 64% of New Zealanders now
support decriminalisation or legalisation of cannabis.                                       COUNTRIES NOW HAVE SOME
                                                                                             TYPE OF DECRIMINALISATION
Because cannabis use can be harmful, especially for those who start                          OR LEGALISATION OF CANNABIS.

                                                                                             415K
using cannabis earlier in life, we need a system that will:
•   minimise the number of people who use cannabis
•   make it harder than it is now for those under 18 to access cannabis
•   educate people about the risks
•   make it easier for anyone struggling with their use to access support.

                                                                                             PEOPLE EACH YEAR IGNORE OUR LAWS
                                                                                             PROHIBITING CANNABIS USE. THIS
                                                                                             BRINGS THE LAW INTO DISREPUTE –
                                                                                             IT’S TIME FOR A CHANGE.
     How dangerous is cannabis?

     We know that the majority of people use cannabis without serious harm.
     However, a small proportion experience negative impacts such as anxiety,
     depression, memory loss and mood swings. Those who use cannabis long term
     may face health risks such as respiratory disease (if smoked) and mental illnesses      Our focus is on
     such as schizophrenia, at least for those who may be predisposed.                       protecting kids and
     Cannabis impairs driving, especially when combined with alcohol. It also carries        protecting our streets.
     the risk of dependency in around one in 10 users. Heavy use by young people             JUSTIN TRUDEAU, PRIME MINISTER OF CANADA,
     has been linked to poorer outcomes in education and employment as well as a             AS CANADA PREPARES TO LEGALISE CANNABIS
     reduction in IQ points, though the research on this is mixed.
     Our verdict? Cannabis can be harmful, so our law should focus on minimising harm,
     especially to young people. The best way to minimise harm is to tightly regulate use.

06     A model drug law to 2020 and beyond                                                                      www.drugfoundation.org.nz
Regulating cannabis
    is the responsible
    thing to do

    Public conversations about cannabis often compare our current tough                                            He tino waiwai rawa nei ki ngā
    drug law with a completely free market. In fact, there are a range of                                          māori ki te hurihanga ngā ture
                                                                                                                   tarutaru, tā rātou i pākinikini ai
    responsible options in between these two extremes shown in the
                                                                                                                   mai i te kahungahanga tarukino
    diagram below.                                                                                                 me ngā raruraru whaimana hoki,
    In a profit-driven market (at each end of the graph), sellers target                                           e rua pū ake te raruraru mō te
                                                                                                                   māori ki ngā tauiwi ma.
    people who use most frequently and heavily, increasing social and
    health harms. Instead, we should be aiming our law at the ‘sweet spot’                                         Changing cannabis law is
    in the centre of the spectrum.                                                                                 especially crucial for Māori,
                                                                                                                   who not only suffer more harm
    We think it makes sense to start moving towards the centre cautiously,                                         from cannabis use but report
    monitoring health and other effects as we go. We can learn from                                                legal problems resulting from
    experience with the alcohol and tobacco industries. This means ensuring                                        their use at nearly twice the
    that we never have a cannabis industry influencing future governments                                          rate of Europeans and others.
    to put profits before health considerations.                                                                   Source: New Zealand Health Survey 2012/13

    DRUG POLICY SPECTRUM

                                        Unregulated                                   Unregulated
                                        criminal                                      legal
                                        market                                        market
Social and health harms

                          PROHIBITION   DECRIMINALISATION     RESPONSIBLE            LIGHT          UNRESTRICTED
                                        & HARM REDUCTION    LEGAL REGULATION       REGULATION          ACCESS

                                           DIFFERENT DRUGS DIFFERENT DEGREES OF REGULATION

    www.drugfoundation.org.nz                                                                                               A model drug law to 2020 and beyond   07
So how would this                                                              Under our model, it would no
                                                                               longer be an offence to possess,

cannabis market look?                                                          use, grow or sell cannabis within
                                                                               strictly regulated guidelines.

GROW                                                                           SELL/BUY

Cannabis grown by licensed suppliers or in                                     Cannabis would be sold at
small amounts at home                                                          licensed outlets and from
                                                                               a single, regulated website

                                                                                          under
                                                                                          under

                                                                                         18
                                                                                         18
Regulated commercial supply                 Growing at home                    Licensed shops
We want to promote small-scale              People should be able to grow      For health reasons, we want
community development and                   enough cannabis for their own      to keep the amount of cannabis
avoid developing a powerful                 needs but not so much that a       sold and consumed as low
industry lobby. It makes sense              black market would be created.     as possible and not attract
to keep growers as small scale                                                 new people (especially
                                            OUR MODEL:
as possible and make it easy                                                   young people) to try it.
to register as a grower. We do              •   Individuals can grow up        We think this lends itself
need to register growers though,                to three mature plants each    to developing a retail
to ensure cannabis is free from                 (maximum six per household)    environment that is as dry
pesticides and is tested regularly              for personal consumption.      and uninteresting as possible
for potency levels.                             Plants should not be visible   and that is not highly visible
                                                from the street.               on the street.
OUR MODEL:
                                            •   People may gift homegrown
•   A central authority licenses and                                           We also don’t want to
                                                cannabis to adult friends
    regulates commercial growers.                                              compound the harms
                                                but may not sell it.
                                                                               caused by consuming
•   The total number of plants
                                                                               cannabis alongside tobacco
    for each grower is restricted.
                                                                               and alcohol, so we should
•   Active assistance is provided                                              keep retail outlets separate
    for smaller growers to access                                              from each other.
    the market, for example,
    by providing pre-approved
    packaging and assisting
    growers to register.                                                       From a health perspective, it would
•   Having a previous cannabis                                                 be better if those under 25 didn’t use
                                                                               cannabis, but that’s an unrealistic
    conviction does not prevent                                                goal. It makes practical sense to
    registration as a grower.                                                  align the cannabis age limit with the
                                                                               alcohol age limit, and use techniques
                                                                               such as banning advertising and
                                                                               keeping prices high to limit use by
                                                                               young people.

08    A model drug law to 2020 and beyond                                                        www.drugfoundation.org.nz
CONSUME

OUR MODEL:                              Online sales                           Consumption of cannabis at
•   Licensed shops would only sell      We propose that online sales of        home or at licensed events only
    cannabis products and utensils.     cannabis would be allowed but
•   Shops would be situated             through a single website only,
    a minimum distance from             operated by a non-profit under
    schools, alcohol off-licences       contract to the government.
    and other cannabis outlets.         This could be run similarly to
                                        Trade Me, with licensed retailers
•   Only those over 18 would be
                                        able to offer small quantities for
    allowed to enter.
                                        sale in a controlled way.
•   No products or advertising
    would be visible from the street.   One major benefit of this approach     In line with our cautious
                                        is that small-scale growers who        approach, we want to keep the
•   Licensed premises would
                                        are currently operating illegally      consumption of cannabis and
    display public health
                                        can become part of the mainstream      alcohol separate, at least initially.
    information and advice around
                                        economy, bringing economic             Current evidence is inconclusive
    moderating use and provide
                                        development to areas of the            around whether health and other
    details on how to access help
                                        country that desperately need it.      harms (such as traffic accidents,
    for drug-use issues.
                                        At the same time, centralised          for example) are magnified or
•   Staff would be trained in
                                        online sales would make it easy        reduced overall where cannabis
    health-related aspects such
                                        and cheap to regulate suppliers        can be consumed in public places
    as looking out for signs
                                        and their products.                    alongside alcohol. Experiences
    of dependency.
                                                                               from other countries such as
                                        OUR MODEL:
A central authority would be                                                   Canada – which will soon legalise
                                        •   Website sales allowed through      cannabis – will provide useful
responsible for issuing licences
                                            one website only, with             research on this. In the meantime,
to sell cannabis based on clear,
                                            government oversight.              we recommend keeping
health-focused criteria. In addition,
                                        •   Strict age checks at point         consumption to the private
territorial authorities would have
                                            of purchase and registered         sphere as much as possible.
the option to implement a policy
                                            delivery by courier only where     This approach also supports
prohibiting retail outlets within
                                            the purchaser is at home and is    our desire to not attract new
certain areas. In those cases,
                                            over 18.                           people to try it, especially
online sales would fill the gap.
                                        •   Health information provided to     young people.
                                            all consumers and heavy users
                                                                               OUR MODEL:
                                            offered pathways into treatment,
                                            if needed.                         •   Cannabis to be consumed only
                                        •   Levies taken at point of sale          at home or by special licence
                                            to cover administration costs          at events.
                                            as well as research, education,
                                            treatment and prevention
                                            programmes.

www.drugfoundation.org.nz                                                                A model drug law to 2020 and beyond   09
$150M
                                                                                                                                                                                             ESTIMATES BY TREASURY OFFICIALS
                                                                                                                                                                                             IN 2016 PREDICTED THAT
                                                                                                                                                                                             LEGALISING CANNABIS COULD
                                                                                                                                                                                             COLLECT AN EXTRA $150 MILLION
                                                                                                                                                                                             PER YEAR IN TAX REVENUE AND
                                                                                                                                                                                             SAVE $400 MILLION A YEAR ON
                                                                                                                                                                                             DRUG PROHIBITION ENFORCEMENT.

REGULATE

The system would be regulated                                                                                                                 under the Act. They would need
            int
undertR1the
         epr ch 201
          Ma
             r       Psychoactive
                      6
                                                                                                                                              to show their product poses no
    as a           t                                                                                                                          more than a low risk of harm and                 What about medicinal
SubstancesRep rch 20 Act 2013
           1M
               rin
                a
                        16
                                                                                                                                                                                               cannabis?
              as a
                  t
                                                                                                                                              meets criteria around portion
                                                                                                                                              control, potency and packaging.                  Cannabis-based medicines would
                                                                                                                                                                                               continue to be available through the

                                                                       201
                                                                                3                                                      Pricing and taxes                                       existing pharmaceutical approvals
                                                   es        Act                                                                                                                               model. We would like to see these
                                             t anc                                13                                               Keeping prices high, but not too                            medicines easier to access and fully
                                    ubs           o 53 ct 20
                          ctive S             3N
                                          201 es20A       13
                 c    hoa           ct sta7nJucly                                                                      Pag
                                                                                                                             e
                                                                                                                                   high, is a key way to reduce                                subsidised.
             Psy                                          o5n32
                             lic A      b  1
                                      u                 i
                              vessSent
                       P u b                     seNc t o                                                                    6
                                             see13
                       acetoif a mAenctt 20 July 201 2                                                                             demand for a product. If the price
                                                                3
                   choDat
                                                                                                                              7
                                                                                                                            Pag
                                                                                                                                e                                                              In addition, using raw cannabis in a
               Psy ommPeunbclic sentonte1ntsee section
                                  e             7
                                                                                                                                  6
                     C               as C       s                                                                                  is
                                                                                                                                   7    set too low, consumption                               therapeutic way, such as for pain
                               e of
The Act already establishes a
                         Dat
                                  enc
                                      eme
                                          nt
                                                  ents                                                                                                                                         relief, would no longer be illegal.
                        Com
                                m
                                           Con
                                                t                                                                                  increases
                                                                                                                                     7                 – too high, and the black
regulatory authority and                                            t1
                                                                               aionworkable
                                                                                      s
                                                                                                                                      7
                                                              Par provis                 a t ters                                  market
                                                                                                                                       8
                                                                                                                                        7
                                                                                                                                        8            takes over. To reduce                     We may need new regulations to
regimeTitcovering
              le        cem
                                ent             licensing,
                                                       lim
                                                             inar
                                                                    y
                                                                            inar
                                                                                  ym                                                     79                                                    protect those who take cannabis for
           C  o m men                            Pre
                                                             — a  P relrimt
                                                        rt 1 P y prov matter
                                                                            1      i s i o ns
                                                                                                         s                         consumption,
                                                                                                                                           8                we can and should
marketing,
   1
                           retailing
                                   men Su
                                         t       bpa            and  ar
                                                                 min limina
                                                                                penalties
                                                                                      ry
                                                                                                                                            8                                                  therapeutic purposes. For example,
    2              e
               Titl mence                             Pr   e l i
                                                                          re                                                       control   9
                                                                                                                                                     the price of cannabis using               we should ensure that retailers do not
for breaches.
      1          Com                For Sexample,    ubp
                                                            art 1
                                                                   —P
                                                                                          it n                                                9
       2
                     u r pos es
                               e
                                                  c t                                              t a tio                         taxation,           as we do with cigarettes.               make misleading health claims about
already        specifies
                   P cipl
                     Prin lication
                                           of heavy fines
                                               A
                                                                               —In l
                                                                                      terp for
                                                                                               r e
                                                                                                                                                139
         3
                      A   pp sie w                  r o wn            p a rt 2        e  r a                   n                                                                               their products.
selling45 to those       POuvrer ciipnldess twho
                               pov               C
                                             he Act Su
                                                of
                                                                    b
                                                                  are underage  Gen                   reta
                                                                                              terp subs
                                                                                                           tio nce
                                                                                                                 ta                By setting       13  a minimum price for
           36              PArcint blication                                        —In tive
                                                            own               art 2 ychnoearacl
or manufacturing
             47              A   pp iew
                                      rv
                               Ove binds t n
                                                  heproducts
                                                       C  r
                                                                     Su of psGe without
                                                                          b p
                                                                                                                        nce        cannabis, we can avoid the issues
               5                                                         ing           stan
                                                                                                ce                 bsta
                                  Act pretati
                                                     o             ean           sub                          e su
a licence.67 It could              Inte
                                         r             beMychtailoredo a c tive
                                                                                           sy   c h  oatoctiv                      we have seen in some states in
                                                                                                                                                           ffic
                                                                                                                                                               ial re
                                                                                                                                                                      prin
                                                                                                                                                                           t.

                                                              s                    of p                  e                                       in th
                                                                                                                                                      is o
                                                       ofopn                  ing                tanc
regulate a8 cannabis                    Inte
                                        M    a
                                            er
                                               iprnegtati market.
                                               n                     M  ean
                                                                             acti
                                                                                  v e  s ubs
                                                                                                                              hav
                                                                                                                                   America where cannabis has
                                                                                                                                  e be
                                                                                                                                       enmad
                                                                                                                                             e

                                                                                                                                                                      ial re
                                                                                                                                                                             prin
                                                                                                                                                                                  t.
                                                                                                                                                                                     1
                                                                       cho                                              012             d.                      offic
                        98
                                                    ning
                                                             o  f psy
                                                                                                           ti o
                                                                                                    gisla dments
                                                                                                                nA
                                                                                                                   ct 2
                                                                                                                          in corp
                                                                                                                                  orate
                                                                                                                                             en m
                                                                                                                                                  a d e in
                                                                                                                                                           this
                                                                                                                                   become increasingly cheaper                                 What about drug driving?
OUR MODEL:                                   Mea                                                L e                                      b e
                                                                                             e                en                      ve
                                                                                       of th          e am                      2 ha                                                     1
                              9
                                                                    art 2
                                                                           of P
                                                                                art 2       st o
                                                                                                 f th
                                                                                     s a li Health lation
                                                                                                            .          Act
                                                                                                                            201
                                                                                                                               inco
                                                                                                                                   as production costs have fallen.
                                                                                                                                     rpora
                                                                                                                                           ted.

• The Act is altered to allow the                    sed
                                                          b y s ubp
                                                                  repri
                                                                        nt p ro vide
                                                                                        tr y
                                                                                   inis of th
                                                                                             o f
                                                                                                    e  L e gis
                                                                                                             e am
                                                                                                                   en d m ents                                                                 Drug driving will continue to be a
                                Note          thori         this              e M rt 2                  f th
                                 Cha
                                     nge
                                         s au
                                                 e en
                                                      d of          db
                                                              tere part
                                                                         y th 2 of Pa             st o
                                                                                           s a li Health
                                                                                                                 .
                                                                                                                                   OUR MODEL:                                                  concern under the new law. Currently
  sale of raw cannabis by licensed      4  at th
                                  Note ct is adorised
                                                       m inis by sub
                                                                        repri
                                                                              nt p ro vide
                                                                                         inis
                                                                                              tr y  o f
                                                                                                                                                                                               the Police carry out impairment tests
                                   Nohte  A       uth             this              eM
                                    T is nges a                               y th
  vendors.                           Cha
                                              4  at th
                                                       e en
                                                            d of
                                                             m  inis
                                                                     tere
                                                                          db
                                                                                                                                   • Cannabis sales are subject to                             when they have reason to suspect a
                                       Note ct is ad

• Strict regulations around
                                         This
                                                A
                                                                                                                                       minimum pricing.                                        driver has taken drugs. This system
                                                                                                                                                                                               works well and we don’t propose
     advertising, sponsorship, gifting                                                                                                 •      Higher-potency products have
                                                                                                                                                                                               changing it for now.
     and promotional deals, as set out                                                                                                        a higher minimum price.
                                                                                                                                                                                               We would like to see a public
     in the Act.                                                                                                                       •      Levies are payable on each                       education campaign around drug
•    Packaging is child-proof and                                                                                                             purchase, with proceeds                          driving, that would use some of the
     includes information on potency,                                                                                                         earmarked to cover regulatory                    same techniques that have been so
                                                                                                                                              costs as well as drug treatment,                 successful in changing behaviour
     recommended dose and how to
                                                                                                                                                                                               around drink driving.
     access treatment if needed, along                                                                                                        education and prevention
     with prominent health warnings.                                                                                                          programmes.
•    Those wishing to sell products                                                                                                    •      Levies also cover the costs of
     other than raw cannabis (such as                                                                                                         regular research, monitoring
     edibles or concentrates) would                                                                                                           and evaluation of the effects
     apply separately for approval                                                                                                            of the new law.

10        A model drug law to 2020 and beyond                                                                                                                                                                  www.drugfoundation.org.nz
Our model law
promotes Māori equity
Whakawätea te huarahi, Ko tö mätou ture tauira hei mana taurite mö
te mäori. Ko te Tiriti o Waitangi i waiho iho nei te mana taurite ki ngä
Iwi mäori me ngä tauiwi hoki o Aotearoa. Kei päkinikini tonu te mäori
i ngä ture tarutaru me nga raruraru whaimana hoki. E hë ana te ture
tarutaru nei, na te mea e noho pähikahika nui ngä mäori ki ngä tauiwi
i mauhere i ngä whare herehere i Aotearoa. He mea whakahirahira ki
tö mätou ture tauira hei häpai te orangätonutangä o te tängata whenua
o Aotearoa. Mana taurite mäori, mana taurite mäori, mana taurite
mäori, Arä, Whakawätea te huarahi!

Te Tiriti o Waitangi guarantees legal equality between Mäori and
other citizens of Aotearoa. We don’t see that under our current drug
law, which guarantees only hugely disproportionate imprisonment
and conviction rates for Mäori. Our proposals will benefit Mäori by
reducing Mäori drug convictions by as many as 1,300 per year. That
means fewer tangata whenua coming into contact with the criminal
justice system and fewer trapped in endless cycles of reconviction.
Our proposals will also improve health outcomes for Mäori by
significantly increasing the amount spent on drug treatment. We also
want to actively promote equity by ensuring Mäori communities feel
the financial benefits from a regulated cannabis market.
We feel strongly that, for the new law to be a success, Mäori need to be
a part of its development and implementation. We’re travelling around
the country over the next months to hear from as many people as possible
about how this should look. We also welcome feedback online.

Percentage experiencing legal               Lifetime prevalence of any                            Ethnicity of those in prison with
problems from cannabis use in               substance use disorder                                drug offences as their main
past 12 months (2012)
                                            26.5%
                                                                                                  offence 2010–2014

3.4%
1.9%                                        12.3%                                                  60.4% 39.6%
                                               Māori
   Māori                                       Total Population
   Others
                                            Māori experience more harm from drugs
Among cannabis users, nearly twice as       – they are more than twice as likely to suffer
many Māori as non-Māori report legal        a substance use disorder in their lifetime               Māori
problems from their use                     than the general population                              European/Other

Source: Cannabis Use 2012/13: New Zealand   Source: MA Oakley Browne, JE Wells, KM Scott (eds).   Māori make up about 40% of those
Health Survey, page 12                      2006. Te Rau Hinengaro: The New Zealand Mental        in prison for drug offences
                                            Health Survey. Wellington: Ministry of Health.
                                                                                                  Source: Statistics NZ online tables, annual sentenced
                                                                                                  prisoner throughput for latest calendar years

www.drugfoundation.org.nz                                                                                       A model drug law to 2020 and beyond       11
We need to invest
in prevention, harm
reduction and treatment
     WE PROPOSE:
                                                                              To reduce drug harm
• Increasing investment in drug prevention and education that is
                                                                              effectively, we need to
  evidence-based
                                                                              invest in these things:
• Removing legal barriers to providing harm-reduction services such
  as supervised consumption rooms and drug checking                           Prevention and education.
                                                                              This will mean that, if people do
• Doubling the funding for treatment services to eliminate waiting lists
                                                                              make the choice to use drugs, they
• Ensuring a full range of treatment options are funded, including            start later in life, use less frequently
  community and whānau-based services                                         and experience less harm.
                                                                              Harm reduction.
                                                                              This includes information and tools
If your son or daughter was struggling with their drug use, would
                                                                              that reduce the risk of drug harm,
you prefer they receive effective and timely treatment or face a              for example, providing sterile
jail sentence?                                                                injecting equipment.
In 2014/15, we spent $268 million enforcing our drug laws but only            Treatment.
$78.3 million on drug-related health interventions. How might things          Effective treatment means providing
look if the scales were switched?                                             a range of options to suit different
                                                                              people, from support groups and
We’d like to see all those who need support able to access a full range       one-to-one counselling to more
of evidence-based treatment options at the time that they need them.          intensive support such as detox or
                                                                              residential treatment.
Investing in prevention, harm reduction and treatment is not only
effective but also humane.

                                                                       $M

3.5x 273.1
In 2014/15, to address a $1.8 billion
drug problem, we spent at least 3.5X
more on drug-related law enforcement
than on health interventions.
                                                  $M
                                                                 78.3Health

Source: New Zealand Drug Harm Index 2016    Police, Courts and
                                                Corrections

12    A model drug law to 2020 and beyond                                                      www.drugfoundation.org.nz
Timeline for reform
       Our vision is a staged approach.

                     Review the offences
                   and penalties regime for
                      drug possession,                     Review the Psychoactive                                                 New law to replace
                      as required by the                    Substances Act 2013                  Launch a
                                                                                                                                  MoDA comes into force
                     National Drug Policy.                    (PSA), as required             public information
                                                                                                                                    and drug use is
                                                                 by the Act.                    campaign.
                                                                                                                                    decriminalised.

2017                         2018                                              2019                                                 2020

                                                Draft and introduce                                                              Update the PSA to
                                                a new law to replace                         Parliamentary                     get it working as it was
                                              the Misuse of Drugs Act                      process to approve                intended and allow drugs
                                                   1975 (MoDA).                                 new Bill.                      currently falling under
                                                                                                                               MoDA to be assessed
                                                                                                                                     for inclusion.

       2020
       O N WA R D S            • Reclassify cannabis as a               • Undertake regular research,             • Review the new law and the
                                 low-harm substance within the            monitoring and evaluation on              PSA at 5-year intervals.
                                 PSA and begin developing a               drug use and drug harm under
                                 regulated market.                        the new legislation.

       E mahi ana ki te whakahoro                        Working for an
       Aotearoa i ngā hē ā tarukino                      Aotearoa New Zealand
                                                         free from drug harm

       The NZ Drug Foundation works to reduce           Getting people around the table to find           Website:
       drug-related harm in Aotearoa New Zealand.       effective solutions to drug issues is at the      http://nzdrug.org/drug-law-2020
       Formed in 1989, the Drug Foundation has          heart of our work. Ensuring that the interests
       always been about basing policy and law on       of tangata whenua are reflected in both policy
                                                                                                          Services we run or support
       evidence and an acceptance of public health      and practical services is a key part of our
       values. Over the past 28 years, we have          work, as is maintaining close links with people
       contributed to significant change in how         working in treatment agencies, harm-reduction
       New Zealand responds to alcohol, tobacco         services and education programmes.
       and other drug use. Our work spans policy,
       public education, information delivery and
       community engagement.

       www.drugfoundation.org.nz                                                                                      A model drug law to 2020 and beyond   13
So what do
you think?
We want our model drug law to be as good as it can be.
Please tell us what you think. Are our proposals workable?
What parts would you change and why?

We will be bringing as many voices together as possible this
year to develop consensus around a workable model. We’ll be
holding community hui and talking to iwi, politicians, service
providers, people who use drugs and many others.

Please let us know what you think of our model drug law
proposal by
•   Attending one of our hui
•   Giving feedback online at http://nzdrug.org/drug-law-2020
•   Filling out the form below and returning it to us at
    NZ Drug Foundation, PO Box 3082, Wellington 6140

YOUR COMMENTS

       I mostly agree with this proposal
       I mostly disagree with this proposal

    comments?

New Zealand Drug Foundation | July 2017
You can also read