Editorial: Closed minds on cannabis reform

Last updated 13:00 15/02/2010

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OPINION: Under the leadership of former prime minister Sir Geoffrey Palmer, the Law Commission is both busy and productive, intent on making New Zealanders look closely at many of our laws with a view to modernising, simplifying and improving them.

Its latest report, an issues paper on controlling and regulating drugs, out last week, has a focus on the potential softening of drug possession laws with a complementary shift towards more treatment of chronic users.

These are ideas that merit study and debate. But Justice Minister Simon Power isn't prepared to even wait for the submission period to end before declaring his closed mind.

"There's not a single, solitary chance that as long as I'm the minister of justice we'll be relaxing drug laws in New Zealand," he said upon the paper's release.

Prime Minister John Key echoed him, without sounding quite so dogmatic.

Beating about the bush somewhat, but eventually getting to the point, he said: "No one is probably arguing necessarily that if someone uses a small amount of marijuana that that is necessarily of itself the end of the world.

"But ... what's the message we want to send youngsters? And the message is, don't engage with drugs."

As a message, it's difficult to dismiss. But the fact is that young New Zealanders – and the middle-aged, and some of the elderly – do engage with illegal drugs in large numbers.

So much so that the smoking of cannabis, if not its cultivation, has already been decriminalised by default.

As Police Association president Greg O'Connor puts it, "Most police are too busy to be looking for cannabis users."

Or how about the 2007 scandal at Nelson College, when 11 boarders were caught for using cannabis and growing it on the Grampians?

The school wisely decided to treat the offending as "some very silly decisions" by the boys, and offer counselling, while the police adopted what they called "a more educative than punitive" response. How sensible.

In recent times politicians of most parties have adopted a harder line on crime, partly because it taps into public anxiety.

"Get tough and get votes" seems to be the formula.

But when it comes to cannabis and some other "soft" drugs, there are other ways to address illegal practices that don't have to make criminals out of users.

The Law Commission has listed some of them: a formal cautioning scheme, an infringement notice regime, a greater use of diversion into education and treatment.

Flexible approaches like this are likely to be more effective at reducing the harm caused by drugs than simply punishing drug users, it says, while allowing police to concentrate on more harmful drug activities.

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Surely these are exactly the kind of ideas that any progressive, responsible government would want to explore.

Drug abuse – like the much bigger New Zealand problem of alcohol abuse – is a health issue. Much of the associated crime is the result of addiction.

Mr Power and Mr Key should take the blinkers off for long enough to at least have their thinking challenged.

- © Fairfax NZ News

18 comments
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Stephen   #18   09:59 pm Oct 03 2010

God it's sad to think how misinformed people are about cannabis. Do some actual research into why it was made illegal in the first place and into how much of a health risk it really is. I think you'll find the answers to both very interesting.

Watch 'The Union'. It's the most informative documentary on Cannabis out there.

http://video.google.ca/videoplay?docid=-9077214414651731007#

Paul   #17   03:17 pm May 10 2010

David (#16), "All this talk of countries that have decriminalised this having less users. Well how about looking at countries like Japan where smoking one joint gets you thrown in jail for minimum of 3 months. A civilised country with a crime rate much much lower than any western countries. How about following Japan's lead rather than Netherlands or Portugal which actually does still have high crime and drugs problems."

The difference between eastern and western countries drug usage and crime rates is more often than not, one of culture, not criminal law. Following Japans example on drugs with the hope of a similar outcome is therefore completely misguided.

David   #16   01:53 pm Feb 18 2010

All this talk of countries that have decriminalised this having less users. Well how about looking at countries like Japan where smoking one joint gets you thrown in jail for minimum of 3 months. A civilised country with a crime rate much much lower than any western countries. How about following Japan's lead rather than Netherlands or Portugal which actually does still have high crime and drugs problems.

David Hart   #15   02:31 am Feb 18 2010

David Raynes "Cannabis is not a "soft" drug"

Out of curiosity, Mr Raynes, is alcohol a hard drug or a soft drug in your estimation? What criteria do you apply to determine the 'hardness' or otherwise of a drug?

bart wakker   #14   12:33 pm Feb 17 2010

@David Raynes: since you mention a dutch major, I have to react. As you may know cannabis can be freely bought in the Netherlands.

Nonetheless cannabis use is lower than average in Europe and much lower than in the USA. Decriminalization does not lead to more use. Plus: it is only available for 18+ and this is strictly observed. Use among non-adults is not slightly but much much lower than elsewhere.

Myself, I have been using since 25 (I'm 44 now) about once a week. I'm a physicist who relies completely on a good brain for my job and almost everything in life that I find interesting. You must be very badly informed about the real positive and negative effects of cannabis, just like so many are brainwashed by propaganda. Just a read for yourself on wikipedia will set a lot of facts straight already.

All negative effects are slight indications at best. Physical addiction is almost absent even for heavy use. Heavy use will lead to a completely reversible decrease of mental capacity. I do not recommend heavy use of course (but this applies to most substances, including nicotine, alcohol, fatty food, and various other addictions that people have). Positive effects are well known and proven as was mentioned by other commentors.

As with many things, both substance and habit: with moderation it's OK, but don't overdo it.

iSynic   #13   06:52 am Feb 17 2010

We need to have an open and honest approach to drugs and drug education. Knowledge is the best way to reduce drug related harm. For years we saw the dramatic (and misleading) campaign of anti-drug PSA’s (This is your brain on drugs: http://bit.ly/5ERPh). The only “facts” we got were that drugs are supposedly bad and will cook your brain like an egg. Instead of being honest, we’ve resorted to fear mongering and propaganda. How can we expect parents to be equipped for education if we don’t give them the tools they need?

Harm reduction requires quality education and common sense.

Cannabis (marijuana) causes far less damage both to health and society in comparison to alcohol or tobacco. Smoking is of course, relatively unhealthy. However, thanks to a synergistic effect between the THC and CBD in cannabis, there is an apoptosis process that gets triggered, preventing the development and proliferation of tumors via programmed cell death. Couple that with the advent of great low-cost vaporizers (Da Buddha, for instance) - the risks of smoke vanish into thin air. I'd like to point you to a great article regarding the nature of carcinogens in tobacco and cannabis: http://bit.ly/6lAGEx Marijuana is not physically addictive. Only 9% of users of cannabis ever become dependent or abuse it. This number is impressive, particularly when you compare it to the 15% of alcohol users and 35% of tobacco users that become dependent. In fact, many studies show people quit alcohol to use cannabis as the safer alternative. I myself am one such person. http://bit.ly/5PYGdp Legalizing and regulating cannabis with taxation will reduce harms – not increase them. People are already using cannabis under prohibition and we’re currently getting no profits to offset the harms associated. 47% of drug related arrests are for marijuana – but 9/10 (89%) of those are for possession alone. In areas where legalization has been implemented, it has not shown a dramatic increase in usage numbers. In fact, though the Dutch have one of the most liberal views towards cannabis, per capita they’re among those that use the least. Regardless, I think it's self evident that regulating cannabis would come with a fair number of advantages. Right now, there’s no way to ensure it’s not being sold to children, nor to ensure that there aren’t toxic additives or verify the strength of strains being sold. Regulating the sale of cannabis would only serve to protect our children and, indeed, society as a whole.

Nick   #12   03:44 pm Feb 16 2010

Pete #8 - your point is valid and yes, by legalising you are sending the message that this substance is okay to consume. However, people are going to do what people do. If someone likes to have a beer/wine/spirit in the evening, you wouldn't want to send them away to prison and potentially give them a worse future as this affliction taints their good name?

It's not about "the move [legalising] failing" as such, but more that people have a right to choose what they do with their bodies, and as such, some prefer to use substances like coffee, marijuana, alcohol, cigarettes, benzodiazepines, opiates, apmhetamines etc etc to either help stimulate them or unwind after a hard day. How can you cast your moral judgement upon them just because you believe you don't need any of these peripherals so therefore no one else should?

I work 12 hour days more often than not. I wake up around 8am, have a coffee to get me going and head off for my job as a salesman. I am often home around 8pm at night and like to be in bed 10pm - 11pm to get enough sleep. In this 'unwind' time, I find I can't relax enough before I go to bed so most nights I will have a few puffs on some marijuana. It calms me, relaxes all my muscles and lets my mind slow down to process what has happened today, and 2 hours after inhaling it, I am ready for bed where I sleep undisturbed for 8 - 10hours.

Where is the harm to society here? just because some people choose to abuse a substance that causes no harm, why am I to be punished and given a criminal record if I am found purchasing it from someone with no gang affiliations etc while I am bringing it home, which is the only time I am in public with it, as is usually the case with the alcohol I consume.

It's time for a change, I don't want to be persecuted and fearing the very people I pay taxes for to protect me from real harm, just because I have a few grams of dried plant that relaxes me after I've been earning a living. It's horribly inhumane and unconstitutional.

Random   #11   09:26 am Feb 16 2010

@ David Raynes #6

"What our government has belatedly recognised is that much of the strident pressure for drug liberalisation and legalisation is driven by a narrow group of idealogues, unrepresentative of wider society and well financed by international fiananciers and big business. In some cases that lobby seeks to influence by corruption. Beware."

Paranoia induced by not smoking drugs? That sounded more paranoid than a chronic stoner. Maybe we need to ban not smoking drugs too?

Alfie   #10   09:02 am Feb 16 2010

Brett- why should I and thousands of other cannabis smokers in New Zealand be criminalised? We harm no one. Any argument that we support criminal gang activity is worthless considering that if cannabis was decriminalised or legalised we would just grow our own. Further, many smokers can make the choice now to buy from non-gang affiliated sellers. 'Easy to find' you say? Have you ever tried to buy some for yourself? I resent being lectured by a child who has absolutely no experience of the drug. If I chose to smoke something in the privacy of my own home, who am I hurting. I'm a productive member of the community, fully employed with no criminal record at all (never even been spoken to by the Police), and yet you want to put me in jail! The US have some of the heaviest punishments for drug use in the developed world, yet these policies have not worked and have merely served to make the penal industry a massively profitable corporate investment.

Sam   #9   08:43 am Feb 16 2010

The main reason Cannabis is still illegal is because it leads to the A-class drug producers. Most people who smoke pot are regular people who like to smoke a duub and relax after work, similar to having a beer, its not hurting anyone, its nobody elses bussiness and its less harmful than alcohol. If cannabis was at least medicinally legal it could durastically reduce the income of gangs and other criminals who sell it not to mention the potential for taxing its sales, huge revenue to be made there.


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