Tag Archives: cannabis

Weighing up the cannabis referendum – is the current law working?

When it comes to cannabis, I think most New Zealanders want more or less the same things.

We don’t want young people using cannabis. While the evidence is clear that most people use cannabis without problems, the few that do almost always started young and use heavily.

We want those people that do have drug problems to be helped rather than punished. Currently places in drug treatment services are hard to get, and almost non-existent outside of the main centres.

We don’t want to be wasting police time on arresting adults for simply enjoying cannabis. Freedom for adults to make their own decisions is a basic value, as long as they are not harming other people or putting other people at risk.

This September New Zealanders will get to vote on how best to achieve those outcomes. We can stick with how things are now, or move to a regulated market. The regulated model on offer is an improved version of Canada. It has a lot of carefully thought-through details so please do have a look at it. Consider both choices, to see which gets us closer to our goals. Have a look at what the independent research tells us about how best to manage cannabis.

When it comes to young people using cannabis, it has been normalised for decades. Cannabis is widespread and easy for young people to get hold. The Christchurch and Dunedin longitudinal studies at the University of Otago have given us some of the best evidence in the world around cannabis use. Their summary of the research can be found at cannabisreferendum.co.nz. They show that around 80% of New Zealanders have tried cannabis by age 25. While most people use cannabis without harm, a small number do experience problems. These are people who started young and use heavily.

We cannot stop young people using cannabis entirely, just as it is impossible to stop them drinking alcohol. We can make it more difficult for them to get hold of though. Having an age limit helps. In Canada, according to official Government figures,

“… use among Canadian youth has not increased. This accords with the Colorado experience—the first to legalize non-medical cannabis…. (while) use among 15- to 17-year-olds declined (19.8% to 10.4%).”

Statistics Canada

Being illegal means no controls, no age limit. It brings young people who do try cannabis into contact with a criminal underworld. Regulating the market by making it R20 won’t stop young people trying cannabis entirely, but it will make it harder for them to get into a pattern of risky use.

For the small number of people who do end up having problems with cannabis use, we need better drug education and drug treatment services. The economist Shamubeel Eaqub has estimated that we need another $150 million spent on drug treatment to meet current needs. The potential tax from cannabis sales (estimated at between $250 million to almost half a billion dollars) has been ring-fenced for drug harm reduction.

Finally, most people do not want to see their friends and neighbours being arrested for simply enjoying cannabis. We still arrest thousands of people a year for cannabis use in NZ, and there are even people in prison for growing their own. That is not usually any of the lawyers, doctors or accountants who enjoy cannabis. They rarely get searched by the police and if they do, get off with a warning. It is most likely to be someone poor and brown, for whom a cannabis conviction and fine can be life-destroying.

Arresting people for cannabis doesn’t stop them using it. In fact research shows that people are MORE likely to use it after being charged. The only people who the law inhibits from using cannabis, the only people for whom regular use goes up after legalisation, are the over-65’s. Perhaps this is because they now feel ok about trying it as a medicine for those aches and pains. Maybe it is because they have worked hard all their lives and deserve to enjoy a relatively benign recreational drug that makes them laugh.

And who could have a problem with that?

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My thoughts on the Internet Party cannabis policy

One of the reasons I first got interested in the Greens, before MMP and long before I ever joined the party, was the cannabis policy. It may not be the most important issue in the world but I see it as a kind of litmus test of a party’s integrity. The issue is so politically sensitive that most party’s will, at best, keep silent on the question of law reform, despite knowing that prohibition does infinitely more harm and costs the economy vastly more than cannabis use itself does.

Until now the Greens have been the only party in Parliament, or with any show of getting into Parliament, with a rational drug policy. Until now. Today the Internet Party announced a cannabis policy that is the most progressive and evidence based of any political party likely to be in the next Parliament.

What does it say?

Firstly, the Internet Party would allow cannabis to be prescribed as a medicine – not through legislation but by an administrative amendment. This would take the decision about medical marijuana out of the hands of politicians and give it to doctors, where it belongs. Since there is no legal supply of natural cannabis, they would allow medical users to grow a set amount for themselves or nominate someone to do it for them if they are unable to.

Secondly, they would immediately change the law to allow adults to cultivate and possess cannabis for personal use. While they do not specify how many plants that would be (simply saying that decision should be based on research), they do promise to remove the ‘reverse onus’ provision of the Misuse of Drugs Act. Currently, and contrary to basic principles of justice, if a person is caught with over an ounce of cannabis they have to prove that they are not selling it.

Thirdly the Internet Party would develop a system to regulate and tax the market. This is the best, and most courageous, part of the policy. The reality is that decriminalising cannabis is a good first step, but it can never deal with all of the problems of prohibition. Even if people can grow their own cannabis, most will still want to buy it, just as they prefer to buy beer even though there is no law against brewing it. A market for cannabis will always exist and unless it is properly regulated the problems of sales to underage buyers, organised crime and loss of tax revenue will remain the same. Regulating the cannabis market is not currently supported by the majority of New Zealanders the way that decriminalisation is, but it is the right thing to do.

Finally the Internet Party would use some of the huge financial savings made from taking cannabis users out of the criminal justice system, to resource increased drug education, health promotion and addiction treatment. I worked with Laila Harre when she was Minister of Youth Affairs on a Green initiative to increase funding for drug education. Some Ministers liked to throw money at programmes with charismatic front-people, even when they were ineffective. Laila, in contrast, was focussed on what kinds of approaches actually made a difference to young people’s health outcomes. This was usually programmes that treated young people as intelligent and able to make good decisions for themselves if they had balanced information.

I think this policy is a brave move. No doubt it will lead to some interesting conversations with Mana. It will be controversial. But it is also astute. The Greens still support law reform, and will be important in getting any legislative change through Parliament, but understandably it is a low priority for them. There is now no one in Parliament proactively speaking up for law reform. Thousands, maybe even tens of thousands of votes are looking for somewhere more promising than the ALCP. If Laila Harre is serious about this, she would be the perfect person to take cannabis law reform through Parliament. She is courageous, intelligent and informed – without being vulnerable to the kinds of attacks made on me when I was championing cannabis law reform in Parliament as an “out” cannabis smoker. As the only party seriously pushing for the youth vote, this is sure to be a winner for Internet Mana.

The policy can be found at https://docs.google.com/document/d/1FFXG3tWggczbmzJ1MK7WL0qxJyrmgGMHhtcDZCN6INE/edit

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