Editorial: Case for drug law reform is serious

Last updated 05:00 15/02/2010

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OPINION: The Government's quick dismissal of the bulk of the Law Commission's work on drug use in New Zealand is regrettable.

Its unpalatability for the Government – and, no doubt, for many others – comes in its recommendation for flexibility when dealing with small-scale dealing and personal possession for use, and for less emphasis on conviction and punishment. The flip side of that is a recommendation for a greater focus on treatment, prevention and education.

It is easy to understand why Justice Minister Simon Power shied away from that. The issue is a political minefield, one Mr Power sidestepped by advising the commission "that I have other things on my work agenda".

However, it is also clear that the current drug laws are failing. No more evidence of that is needed than the survey suggesting 15 per cent of New Zealanders broke the law and used cannabis in the last year – higher than the numbers for the United States, Australia or any European country.

The report has been a long time in the making, and is comprehensive. It was started in 2007 when the Labour government invited the commission to review the Misuse of Drugs Act. As the commission points out, the drug environment now is very different from when the act was passed in the 1970s "when the hippie counterculture was at its height and the illegal drugs of choice were cannabis, cocaine, opiates and psychedelics like LSD".

Now party pills such as BZP and more harmful drugs such as metamphetamine have been added to the mix.

The cost to New Zealand is high. A Berl study issued last year put the cost of the use of harmful drugs – other than alcohol – at $1.58 billion.

That included an attempt to count the cost of intangibles, such as pain and suffering, but there are limits to how successful that can be. How, for example, can the destructive effect that drugs have on relationships and families be costed?

On top of that, there is the conundrum over how much of the damage and cost caused by illegal drugs is the result of their being illegal, rather than their inherent dangers.

And then there is the comparison with what the commission describes as the "typically understated and misunderstood" harms and costs associated with alcohol. By comparison, it says the harms and costs "associated with illegal drugs are often generalised and overblown".

The commission has not skated lightly over the dangers of currently illegal drugs. It points to evidence of a connection between cannabis and mental illnesses including schizophrenia, and of the risks of metamphetamine use.

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It has stressed that there must be a vigorous law enforcement focus on large-scale commercial dealing in drugs covered by international conventions. It deserves to be taken seriously.

Mr Power may well be right to reject the commission's approach. However, the onus is now on him to come up with a more plausible alternative. What New Zealand now has is clearly not working.

- © Fairfax NZ News

19 comments
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James   #19   11:04 am Jun 14 2011

THC the active drug in canabis works on the human body directly through canabanoid receptors. yes receptors solely 4 then porpose of that 1 drug, the most commen of all receptors too. no our bodys didnt evolve and grow this cause of a plant, and they not located in our brains and spines because theyre not important. they are there because our body produce an exact equal to THC! this all goes on during the most important times of our lives, in the first few years of our lives mostly. Many scientific studys have found these truths. so if canabis is ilegal because of THC then shouldnt we be locking up every infant in the country 4 thier disgusting drug habbits ????? The 1 and only e=real problem society has is a mass of disrespectful, intellectually challenged, self absorbed bullies. the only way to change is to insure every single child is taught REAL self responsibility, how to respect, understand and love.

Wayne Phillips   #18   04:33 pm Feb 16 2010

Dear Editor,

Of course it is clear that current drug laws are failing. It's been a long time coming, everywhere. Assuming New Zealand is like anywhere else ( and there is no reason to expect otherwise ), it is the current drug laws which are exasperating the issues surrounding the commodities in question. Drug laws contribute to corruption, unrestricted access by youth and clandestine grower operations and drug labs; all at the taxpayers expense. Drug laws are the root cause of all violence and crime that is associated with drugs. Drugs must be regulated and taxed. That way it is kept out of the hands of youth and organized crime. As a regulated health care issue drug will cease being a cash cow for organized crime.

Wayne Phillips Communication Director, Educators For Sensible Drug Policy Hamilton, Ontario, Canada

FF   #17   04:11 pm Feb 16 2010

@Rex #15

'Wrong. Prohibition won't work because we will always have a large majority who enjoy the mind altering drug called alcohol.

The problem comes when the majority who choose alcohol say to the minority who choose marijuana that their drug of choice is illegal. The hypocrisy of this stance is gobsmacking but people such as you continue to put it forward with no sense of shame.'

Summed up perfectly! The government's stance on this is complete hypocrisy also, very well explained by this; 'It's like the assault laws making it illegal to slap someone in the face but legal to break someone's leg'

Rex   #16   01:16 pm Feb 16 2010

Rex #11

"David Lange once pointed out that butter has killed more people than alcohol."

Don't you mean "butter has killed more people than marijuana"?

Rex   #15   12:18 pm Feb 16 2010

ben #12

"Your right, prohibition won't entirely work, becuase we will always have a small minority like yourself that are unable to live life without taking mind altering drugs"

Wrong. Prohibition won't work because we will always have a large majority who enjoy the mind altering drug called alcohol.

The problem comes when the majority who choose alcohol say to the minority who choose marijuana that their drug of choice is illegal. The hypocrisy of this stance is gobsmacking but people such as you continue to put it forward with no sense of shame.

Another thing that always amuses me with illegal drug use is the often mentioned "youthful experimentation". This seems to be socially acceptable yet there are only two possible outcomes of this experiment:

1. I don't like it so I won't try it again.

2. I do like it and will be a criminal if I continue to use it.

That sounds like the luck of physiology and I know of no other law that it is acceptable to break in the name of "youthful experimentation". Seriously, how would the courts treat an 18 yo rapist who claimed to be experimenting with rape because he was just a teenager?

FF   #14   11:36 am Feb 16 2010

@Ben

'Your right, prohibition won't entirely work, becuase we will always have a small minority like yourself that are unable to live life without taking mind altering drugs. And you would say "why can't I choose to take what i like?" I suppose the more poignant question is why do you feel you have to introduce a foriegn substance into your body in-order to feel better or "high"? The question we should be asking are fundementally Pyschological.'

There's far more than a 'small minority' that take 'mind-altering drugs'. In fact I would say the majority of adults in NZ take 'mind-altering drugs' every week... in liquid form.

Scott C   #13   10:51 am Feb 16 2010

@ Seth #10 - Firstly nowhere did I state that I was a smoker. Secondly I didn't make any comments about being in support of any proposal about reforming our drug laws. Lastly all I did was point out that your comment about the drinking age was incorrect and unfounded as there was no risk assessment done when the drinking age was changed - the everyone you refered too was simply those who would gain from the change.

I'd suggest that you improve you comprehension skills and perhaps not make assumptions about other people's stances. Would also be good if you didn't try and make up data that doesn't exist.

ben   #12   10:42 am Feb 16 2010

CriminalOrVictim? #6 I would put your mentality into the "we can't resolve the problem, so lets make it legal and then there's no more problem" basket. Its similar to the Prostitution law change. It got to hard for us so we legalised it! and now look at it, its working great....er all except those 12 and 13 year old girls out south undercutting the prostitutes and charge just a few bucks. and er those protitutes still getting assulated and murdered. Your right, prohibition won't entirely work, becuase we will always have a small minority like yourself that are unable to live life without taking mind altering drugs. And you would say "why can't I choose to take what i like?" I suppose the more poignant question is why do you feel you have to introduce a foriegn substance into your body in-order to feel better or "high"? The question we should be asking are fundementally Pyschological.

Rex   #11   10:40 am Feb 16 2010

AaronC #9

Well put. The harm minimisation argument is destroyed when the legal status of marijuana is compared to alcohol. It's like the assault laws making it illegal to slap someone in the face but legal to break someone's leg.

David Lange once pointed out that butter has killed more people than alcohol. It should also be pointed out that the marijuana laws have killed more people than marijuana.

CriminalOrVictim? #6's point is also well made. The vast majority of marijuana users break no other laws so why on Earth are they placed in a position of distrust and fear of the police?

The only people who benefit from the marijuana laws are gangs, pharmaceutical companies and the alcohol industry.

The police may also feel they benefit from the marijuana laws as they give them draconian search and seize powers but this is more than offset by the wasted manpower, drain on the courts and distrust from an otherwise law-abiding segment of society.

seth   #10   10:38 am Feb 16 2010

Scott, AaronC - the problem is, your route was taken in the UK and it created an almighty mess - and now they've reverted back to pot being a Class B controlled substance. It created a huge mess among teenagers in particular.

But because you guys enjoy the odd smoke and don't go on to harder things it means its not a gateway drug right?

Ok then, why don't you guys prove me wrong and point to some places where acceptance of pot has been a success?


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