Moving to a healthy drug law by 2020 - MattersofSubstance - NZ Drug Foundation
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Mattersof Substance. july 2017 Volume 28 Issue No.2 www.drugfoundation.org.nz Moving to a healthy drug law by 2020 The Drug Foundation has developed Whakawātea te Huarahi - A model drug law to 2020 and beyond. It’s intended as a conversation starter, and is based on international experience and New Zealand’s unique needs. Take a look then share what you think.
Contents THE DIRECTOR’S CUT SOCIAL
@FullFrontalSamB You’re not going to believe this,
An Aotearoa but we found proof that the War on Drugs is
Free from racist. #SamanthaBee ... JUN 9
Drug Harm 02 NZ
NEWS
FEATURE:
@NewshubPolitics .@paulabennettmp has admitted
A KIWI IN THE LAND MUSIC AND the “Westie” in her wouldn’t mind marijuana
COVER:A model drug law
to 2020 and beyond
OF LEGAL CANNABIS 28 KIWI DRUG
USE being legalised – for medicinal purposes ... JUN 9
26
@robhosking Election Year gods smiling
06 mischievously. Medicinal cannabis *and*
COVER
STORY 04 WORLD
NEWS
euthanasia bills win private members’ ballot.
#nzpol It’s all on ... JUN 8
W
£1BILLION
Women’s suffrage. Conquering Everest.
Nuclear free. Treaty reconciliation. These are @Mike_Selick The #WarOnDrugs is “Slavery
all proud moments in Aotearoa New Zealand’s by another name” – @msmonique_tula
short history, but they all happened a wee Executive Director of @HarmReduction
time ago.
speaking at #HR17 ... MAY 15
Don’t you think it’s about time we added
another landmark achievement to this list?
And can I be so bold to propose that @nick_clegg When a country as sensible as Canada
comprehensive drug law reform be our is about to legalise cannabis, you know UK lags
next proud moment?
ROSS BELL
Let’s imagine a new Aotearoa New Zealand
behind. Time we stopped burying our heads in
Executive Director
where we approach our drug problem in a the sand ... MAY 13
more sophisticated and compassionate way,
where we invest in the potential of young
FEATURES @dtyukich Why would HNZ evict a mother of 8 out
people instead of burdening them, where we equip our Police to better
prevent crime, where we empower our communities to look after those of state housing using shonky meth tests, and put
18
Ups and downs with
22
Taking a reading
26
A Kiwi in the land of
32
Me and my interlock
Become
a member
with drug use disorders.
The Drug Foundation’s vision is for “Aotearoa New Zealand free
from drug harm”.
For us, this means we not only tackle the direct harms from a
her children at risk? @TheHuiNZ ... APR 23
KEY EVENTS & DATES
painkiller prescriptions of the pills legal cannabis Blowing into a device every The New Zealand Drug Foundation has
Do we have a prescription Over summer, harm- Visiting three US states, time you start your car been at the heart of major alcohol and person’s alcohol or other drug use, we also seek to remove the harms
27-28 JUL 2017
problem? Matt Black asks reduction services were Stephen Blyth was isn’t hassle free, yet it’s other drug policy debates for over 20 years. created by our drug control systems and laws. The Australian Winter School: Connecting the alcohol and drugs
some medical professionals once again at several surprised to discover that the one thing that could During that time, we have demonstrated Changing our drug law is the next step we should take to free sector, Brisbane
if they think New Zealand festivals helping keep legal cannabis hasn’t drive down rates of people a strong commitment to advocating ourselves from the harm of conviction, of shame, of discrimination, winterschool.org.au
can avoid the mistakes that people safer with reliable caused more than a ripple driving their cars over policies and practices based on the of stigmatisation.
left so many US citizens information. The testing in the fabric of society. the limit. best evidence available. How should this be done?
addicted to opioids. tool kit now incudes a
6-9 SEP 2017
We have long engaged in public discussion and debate about what Cutting Edge 2017: Addiction is Everybody’s Business
portable spectrometer. You can help us. A key strength of the Drug
a ‘health first’ approach to drug law might look like in a fairly general Te Papa Museum, Wellington
Foundation lies in its diverse membership
base. As a member of the Drug Foundation, sense. It’s now high time to talk specifics. cuttingedge.org.nz
REGULARS We’re hosting a major parliamentary symposium this month to
you will receive information about major
alcohol and other drug policy challenges. hear from international colleagues about how they implemented drug
38 40 42
2-4 OCT 2017
Drug history in You can also get involved in our work to law reform and discuss amongst ourselves how we can eliminate the Valuing Connections, Connecting Values: PHANZ Conference,
New Zealand 36 find solutions to those challenges. harms currently created by our law. The cover story in this issue lays Christchurch
News Extra 44 out our case. conference.co.nz/phanz17
Guest editorial: Viewpoints: Opinion: Our membership includes health promoters,
Q&A: Johann Hari 45 primary health and community organisations, We’re also releasing a proposed model drug law, which – because
Rebuilding lives, Are communities Values-based politics of our impatience – we want in place by 2020. Yes, this is only 3 years
rebuilding really getting more and drug law reform researchers, students, schools and boards
4-6 OCT 2017
communities say over what their of trustees, policy makers, and addiction away, but we’re not starting from scratch. Mobilising for Change: Alcohol Policy and the Evidence for Action,
Author Max Harris is
treatment agencies and workers. Our model draws heavily on the Law Commission’s earlier Misuse Global Alcohol Policy Conference, Melbourne
Vanessa Caldwell has a Local Alcohol Policies determined that we
first-hand perspective on will look like? transform our political of Drugs Act review (which proposed a model of health referral instead gapc2017.org.au
Membership and subscription enquiries of criminal convictions and of removing any legal barriers to innovative
some great community We explore the arguments process so that it is based
membership@drugfoundation.org.nz
initiatives that are helping for and against. on values and focused on harm-reduction practices) and on the existing Psychoactive Substances
11-14 OCT 2017
or visit our website.
to keep people on the truly positive outcomes. Act (which imposes strict public health regulation over lower-risk
road to recovery. 2017 International Drug Policy Reform Conference, Atlanta, Georgia
drugs). Our model also demands new spending in education, harm
www.drugfoundation.org.nz reformconference.org
reduction and treatment – elements of Aotearoa New Zealand’s current
drug policy that have been limited by a long-term lack of investment.
Let’s not let any pre-election short-term political anxiety prevent
6-8 NOV 2017
matters of substance is published matters of substance invites Brand development/ NZ Drug Foundation us from following that new direction. Indeed, it’s been welcome to see
by the New Zealand Drug feedback and contributions. graphic design 4th Floor, 265 Wakefield Street 27th IFNGO Conference: Understanding Addiction, Treatment,
in the last few months a number of political parties happy to engage Prevention and Harm Reduction Policy, Macau
Foundation. All rights reserved. If you’re interested in Insight +64 4 801 6644 PO Box 3082, Wellington,
in very public discussions about reform. But we still need to find a way
Neither this publication nor any contributing a guest editorial talktous@insightcreative.co.nz New Zealand
to help those larger parties from overcoming their shyness.
part of it may be reproduced or article, please contact us: www.insightcreative.co.nz p +64 4 801 6303
We want your feedback on our model drug law. We’ll be holding
matters of substance
July 2017
without prior permission of the
Drug Foundation.
editor@drugfoundation.org.nz
p +64 4 801 6303 public meetings over the rest of 2017, and you are also welcome to Follow us
Vol 28 No. 2 comment via our website. Join us online
ISSN 1177-200X Happy reading. drugfoundation.org.nz/connect
This report is printed on Advance Laser, an environmentally responsible paper produced using elemental chlorine free (ECF) pulp sourced from sustainable and legally harvested farmed trees. Advance Laser is manufactured www.drugfoundation.org.nz 01
under the strict ISO 14001 environmental management system. The ink used in the production of this report is 100% vegetable based, mineral oil free and manufactured from 100% renewable resources.
News
NZ. 03 Study finds 04 Mental health 05 Lotta Dann now
09
young women review ‘going within’
binge-drink
24 litres of
RTDs a year
24L
10 Tenancies
Amendment
Bill misguided
07 on meth
MORE THAN 500 IN MAY, Living Sober signed
08
PER YEAR New Zealanders have told up its 5,000th member as the
the government it’s getting online community’s leader
A MASSEY University study harder to access mental Lotta Dann launched her
finding women aged under 24 health services. second book, Mrs D is Going 01 03 04
who buy RTDs drink around The People’s Mental Health Within. Her first was Mrs D is
24 litres a year – more than Review was an online Going Without. 05 06 10
01 VAPING COULD BE LEGAL BY NEXT YEAR the heaviest-drinking group anonymous survey, carried In the book, Dann shares
of males – has renewed calls out by independent group her personal practices and IN MAY, the government
The government plans to legalise to restrict alcohol advertising Action Station. The report strategies in the hope they introduced an amendment
and sponsorship. produced by the review may help others.
sale of nicotine e-cigarettes (and recommendations included
09 Stress Bill that would change
the Residential Tenancies
Alcohol Healthwatch Drug Foundation Programmes
overtakes
nicotine e-liquid) by mid-2018. Executive Director Dr Nicki an urgent funding increase, Manager Nathan Brown
drugs and
Act to help ensure meth
Jackson said binge-drinking independent oversight and a says being able to transform contamination (among
The legislation will ban marketing displays was putting young brains at Royal Commission of Inquiry a private challenge into a alcohol as other things) is better
risk and increasing the risk into mental health services. positive social experience is 08 Whanganui LAP biggest managed. It says meth
and restrict sales to R18, but branding will
of alcohol spectrum disorder Meanwhile, the government’s a powerful tool for recovery. would tighten challenge contamination is a
be ok. Promotions and loyalty rewards will alcohol rules for youth “significant issue”.
should a young woman recently announced Mental Living Sober is a collaboration
be allowed to encourage smokers to switch. become pregnant. Health Addiction Workforce The Bill would give landlords
between Dann, the Drug
Associate Health Minister Nicky Wagner said She said restricting the Action Plan has been greeted Foundation, Matua Raki and 02 easier access to test for meth,
current thinking is e-cigarettes are 95 percent amount of brand advertising with some scepticism. The the Health Promotion Agency. and tenants will be able to
and reducing off-licence Ministry of Health admits It encourages not just women terminate their tenancy if
less harmful than regular cigarettes and that many people are not accessing
hours were two ways to but anyone to exchange unsafe contamination is
this was an opportunity to see whether the services, but Health Minister detected. Meanwhile, Standards
control binge-drinking experiences about how
move would reduce tobacco smoking. and that research showed Dr Jonathan Coleman said alcohol has affected New Zealand is working on
$7.5m would be invested with appropriate contamination
The Drug Foundation welcomes the change a link between liking brands their lives.
and drinking at a younger a focus on early intervention. thresholds, which will be
but advises a cautious approach to advertising. THE WHANGANUI District A YOUTHLINE survey has
age and then drinking found assignments, exams legally enforceable.
95 percent safer than outright poisonous is Council is developing a local
heavier quantities. RESOURCE alcohol policy they hope will and finances are the biggest The Drug Foundation has
still harmful, and overly glamorised images stressors for students – not serious reservations and
reduce alcohol-related harm
could compel regular smokers to light up. http://nzdrug.org/2rBaU5n
in the district. drugs and alcohol, as often believes the testing industry
thought. Lack of acceptance, is playing on the current meth
The draft policy proposes bullying and suicide were also hysteria to make a buck.
02 Less trouble in Balclutha since limiting off-licence number, named as key challenges. Executive Director Ross Bell
alcohol ban 06 Medical cannabis law making heats up 07 Mob president takes on the Crown barring new off-licences near
Youthline Marketing says giving new guidelines
sensitive sites, ‘one-way door’ legal status is pointless if those
Information and
incidents in the CBD have cannabis was pulled from the Andrew Little said Labour president Rex Timu’s claim restrictions one hour prior to carrying out the tests are not
Communications Manager
reduced by 31–35 percent ballot last month. would legislate for medicinal against the health system. licensed closing hours, and properly trained or regulated.
Briana Hill said the results
since the Clutha District “We’ve seen a change in public cannabis if elected. He said Timu has accused the Crown maximum trading hours for
were consistent with “This industry should have to
Council’s 2014 liquor ban, attitudes about medicinal cannabis products should be of systemic racism, saying it licensed premises. international findings. meet certain standards set by
which was extended in 2016. cannabis in recent years, thanks available to anyone suffering has failed to provide care The proposed policy is University of Auckland School the government around how
The only places where to the many brave people who chronic pain or a terminal and rehabilitation for Māori backed by Police and health tests are conducted and how
of Psychology Associate
incidents had not reduced have spoken out about their condition if their GP signed and is not doing enough to and community groups, they are analysed and
Professor Kerry Gibson said
were around public bars, experiences,” she said off on it. reduce meth use. but liquor sellers, including interpreted,” he said.
life was harder for young
which Sergeant Hutton MEDICAL CANNABIS will be “The Bill is based on the best Labour MP Damien O’Connor FOLLOWING TOM Hemopo’s He says he has reduced meth supermarket chains people today as they faced Bell is also concerned
says is no surprise. debated in parliament, after evidence of how to improve has drafted a Bill that would successful Waitangi Tribunal use amongst his members Foodstuffs and Progressive unrealistic expectations, about the science behind
BALCLUTHA POLICE Sergeant He said installation of CCTV Green MP Julie Anne Genter’s mental and physical wellbeing shift decision making away claim against the Corrections from 80 percent down to Enterprises, opposed the uncertain financial futures the guidelines and that
Robin Hutton says disorderly cameras in central locations Members Bill to legalise and and minimise harm.” from the Health Minister to Department, many await the 10 percent, so the government 9pm closing restrictions and a much more complex we’re the only country
behaviour and alcohol-related had also helped. restrict the use of medical Meanwhile, Labour Leader GPs and medical professionals. outcome of Mongrel Mob has no excuses for its failure. for off-licences. social world. going down this route.
02 matters of substance July 17 www.drugfoundation.org.nz 03
News
NEWS
World.
09 02
10
05 07
04
03 Australians
worry about
alcohol abuse
01 URUGUAY: CANNABIS FULLY LEGAL
FROM JULY
78%
WORRY about excess drinking
A FOUNDATION for Alcohol
06 World health
organisations
oppose revived
07 Italy’s
community-
08 Australia:
Why tough
love won’t help
03 08
Research and Education (FARE)
TPP talks based naloxone
Uruguay has become the first country poll has found 78 percent of 04 Myanmar: More 01 approach a
to fully legalise recreational cannabis
respondents believe Australia health-centred success
has a problem with excess drug policy 09 Canada: Drug 06
from production through to sale. drinking. 92 percent thought
foreshadowed reporter team
Pharmacies will start selling it in July,
alcohol and domestic violence 05 Nearly 95 receives award
were linked, and 35 percent percent cut for
but buyers must sign up, submitting said they have been affected
Drug Czar office
by alcohol-related violence.
their fingerprints, to ensure they do FARE Chief Executive Michael
THE AUSTRALIAN
Government is planning
not exceed the monthly maximum Thorn said, despite this, many MÄORI HEALTH workers
to drug test 5,000 welfare
10 UK: Plans to
purchase of 40 grams. Australians were resistant and international health
recipients in three locations raise £1 billion
organisations are calling ITALIAN PHARMACIES have
to changing their behaviour.
on the remaining trade made naloxone, a medication based on the presence of by taxing legal
The cannabis is grown at secret plantations “We know what the solutions
LAST MONTH, a draft Bill ministers of the Trans-Pacific that blocks the effects of drugs in wastewater. cannabis
£1B
are. Fix the way alcohol is
by private companies regulated by the state taxed, reduce its availability
proposing amendments to Partnership Agreement to stop opioids, available without Those testing positive will RIGHTS REPORTER
Myanmar’s Narcotic Drugs revival talks. Their concerns prescription since 1996, be placed on a cashless debit Foundation (RRF) members
and will cost less than half what it costs on and cut back on the way
and Psychotropic Substances DONALD TRUMP promised include negative impacts and it has been used by card that cannot be used for István Gábor Takács (Video
the black market. it is promoted.”
Law was published for public to rid America of the scourge on people’s right to health, harm-reduction services alcohol, gambling or cash Manager) and Peter Sarosi
The survey also found most consultation. It notably of drugs, crack down on such as access to affordable there since 1991. withdrawals. A second strike (Executive Director) received
Meanwhile, Chile has become the first people believe the alcohol foresees that drug users will dealers and invest heavily medicines, and the influence However, a new report warrants a referral to a doctor the International Rolleston
country in Latin America to sell cannabis- industry should be held be offered treatment and in programmes to get of tobacco companies. published by Forum Droghe for treatment, and a third sees Award from the board
responsible for alcohol rehabilitation instead of heroin and other opioids welfare payments cancelled of the Harm Reduction
based medicines at pharmacies. The pilot harm, but Alcohol Beverages lengthy prison sentences. off the streets.
“Tobacco industries may shows community-based
for a month. International Conference
BRITAIN’S LIBERAL Democrats
turn around and say well harm-reduction services unveiled a dramatic manifesto
programme is financed by an alliance Australia dismissed the poll
Dr Nang Pann Ei Kham But in May, his administration that’s cut into their profitability have been most effective But Adjunct Professor at in Montreal in May. pledge to let shops and social
between Chile’s Alef Biotechnology and as sensationalist and lacking
from Myanmar’s Drug Policy revealed plans to gut the and take the countries to court in getting naloxone into the the National Drug Research Sarosi said there are more clubs sell cannabis, raising up
in evidence.
Canada’s Tilray under the supervision Advocacy Group said she 2018 budget of his Office in these tribunals that are hands of those who need it. Institute Nicole Lee says activists making videos to £1 billion in tax. They are
hopes the country’s current of National Drug Control extra-judicial to our own restricting income and than ever before, referring thought to be the first major
of the Chilean National Health Institute. Researchers surveyed 204
repressive approach will be Policy by about 95 percent judicial systems,” said Doctors individuals who claimed expenditure will not stop to the programme of the political party to campaign
replaced with drug policies from $388 million to just of Healthy Trade spokesperson to have “used an opiate at people using drugs and Drugreporter film sessions on a platform of legalising
based on human rights, $24 million. Dr George Laking. least 10 times in the past would create a number of at the conference, where as cannabis, something the
02 Scotland: Poorest at greater risk from heavy drinking public health and The cuts would mean But New Zealand Trade 12 months”. Only one claimed unintended consequences. many movies are produced government has refused
sustainable development. the office could lose up to Minister Todd McClay said to have bought naloxone in “This proposal doesn’t address by drug user activists as by to do.
UNIVERSITY OF Glasgow drinkers were seven times professional film makers.
“We welcome the 33 employees. The budget New Zealand consumers will a pharmacy as their normal any of the broader social risk The manifesto promises to
researchers have found heavy at risk of an increase in alcohol not pay more for medicines practice, and only four claimed factors that maintain drug use Many such activists were “break the grip of criminal
government’s intention ... would also eliminate grant
drinkers from deprived areas harm. Excessive drinkers in but to be successful, it will programmes it administers, as a result of TPP and that it to have ever purchased naloxone and trigger relapse: mental trained by RRF. gangs” completely and legalise
are at greater risk of dying deprived areas were 11 times be equally vital to ensure including the High Intensity includes a specific carve-out in a pharmacy. Conversely, health issues, disrupted He also urged participants not cannabis for people over 18.
or becoming ill due to at risk of an increase. that health and social Drug Trafficking Areas restricting tobacco companies 84 percent of those surveyed connection with community, to leave behind those activists After winning just 12 seats
alcohol consumption. Lead author Dr Vittal Katikireddi interventions for drug users Programme and the from taking action against a said their regular naloxone lack of employment and and professionals who work in Westminster in the June
Compared with light drinkers said it suggests that poverty are truly voluntary and Drug-Free Communities member country in relation sources were local harm- education, housing instability in countries where harm election, delivering on this
in advantaged areas, excessive may reduce resilience to disease. evidence-based.” Support Programme. to tobacco and public health. reduction services. and poverty.” reduction is in decline. promise is very unlikely.
04 matters of substance July 17 www.drugfoundation.org.nz 05
Cover Story
Whakawātea
2020
te Huarahi
A model
drug law
to 2020
and beyond
In line with our mission statement to be a catalyst for action,
the NZ Drug Foundation has developed a new model drug
law based on evidence and the experiences of other
jurisdictions. We believe it makes a lot of sense and would go
a long way towards reducing drug harm. What do you think?
06 matters of substance July 17 www.drugfoundation.org.nz 07
Cover Story
In 2017, the
time is ripe for
us to set a new
course and
make real our Whakawätea te Huarahi
Clearing the pathway forward
vision of an Whakawātea ‘Whakawätea’ means to clear, free up, cleanse
Aotearoa free te Huarahi or purify spiritually, while ‘huarahi’ is a pathway,
road or track. For us, the t itle “Whakawätea te
from drug A model drug law
to 2020 and beyond
Huarahi” signifies a fresh start for the debate on
harm.
drug policy and a sense of movement towards a
better future.
N
ew Zealand prides On top of that, drugs cost us a lot. The of Drugs Act 1975, we are already under criminal justice system and into education,
assessment and treatment.
Model drug law proposal
5
itself on being New Zealand Drug Harm Index estimated way with positive change.
a trailblazer in the total social cost of illicit drug-related Excellent drug harm-reduction policies New Zealand’s National Drug Policy
progressive reform: harms at $1.8 billion in the 2014/15 year. we currently have in place include our 2015–2020 dovetails with that approach.
GOALS
think marriage In that year, the Ministry of Health needle exchange programmes, opioid It aims to prevent and reduce the health,
equality, the spent $78.3 million on interventions, substitution treatment, Police warnings social and economic harms linked to drug
anti-nuclear act, while the Police, courts and Department and diversion for minor offences and the use and to promote and protect health
the welfare state of Corrections spent $273.1 million, Alcohol and Other Drug Treatment Court, and wellbeing.
and women’s suffrage. mostly on enforcement of our laws. Te Whare Whakapiki Wairua, in Auckland. The policy regards drug use as a health
In 2017, we again have the chance to Money is accordingly being used There are also iwi and community and social issue and emphasises health-
lead the way by burying the failed War on on ineffective attempts at enforcement justice panels operating in some parts of based approaches. This makes it a good
Drugs and putting health at the core of our rather than being spent constructively the country. These provide a constructive springboard from which to launch change.
Goals For example
drug laws and policies. on a health-focused approach. We would means of dealing with minor offending. Model drug law
1
Both in the political and the public reverse the ratio of spending. On top of that, a lot of the thinking Minimise the harm • Young people have special protection from harm .
In 2017, the time is ripe for us to set caused by drug use • If people decide to use drugs, they start later and use less.
spheres, we have many areas of consensus The public is ready to support change. needed to underpin a new, health-based
a new course and make real our vision • Anyone can access treatment when they want it.
to build on. For example, we all agree that A poll commissioned by the NZ Drug approach to drug regulation has already
of an Aotearoa free from drug harm. • The law makes it easy to take action that reduces the harms
drugs can – and do – cause harm to some Foundation last year found 64 percent been done. The Law Commission spent
So we’ve come up with a model drug caused by drug use.
individuals and to wider society. A key of respondents believe possession of a four years researching and consulting
law that is about just that. It is built on
2
goal of law change, therefore, should be small amount of cannabis for personal the public about drug laws between Respect human rights • Penalties for drug-related behaviour are proportional to the harm
evidence, research and experience. But caused to others.
to reduce the risk of harm. use should either be legal (33 percent) 2007 and 2011. it is not our final say – it is a conversation • People who use drugs have access to an equal quality of care in
There is also sweeping agreement or decriminalised (31 percent). More than 3,800 submissions were starter. We want to hear from you about the health system.
that our current drug control efforts The results confirm a shift in the made on its review, meaning that a very how we can improve it.
are themselves causing harm. In a
democratic country, punishment should
be proportionate to the injury caused by
community’s mood: regardless of party
affiliation, there is consistent support for
moving away from the current criminal
broad cross-section of New Zealand was
canvassed before the Commission released
its final 350-page report.
The model drug law we propose has
five key goals (see right), including safer
communities as a result of less drug-related
3 Safer communities with
less drug-related crime
• Drug-related crime is reduced by investing in prevention,
education and treatment.
• The black market is reduced, and no one profits by causing harm.
4
the crime. justice approach to drugs. The Commission made 144 detailed crime and minimising the harm individuals, Equity for Mäori • Mäori are integral to developing and implementing drug law.
This is not the case at present. What we We also have growing political support proposals for reform, including calling for whänau and the community experience • Mäori are not disproportionately impacted by laws.
have is a regime that burdens young people for a new approach, including progressive repeal of the Misuse of Drugs Act and its from drug use. • If a regulated cannabis market is developed, the economic
with drug convictions that stay with them drug policies developed by United Future, replacement with a new law administered These aims have been developed from benefits are felt by Mäori communities.
5
for years and sometimes for their lives. the Greens and The Opportunities Party. by the Ministry of Health. community workshops we have held Policy is cost-effective • Money is spent on what works to reduce harm – such as
This makes it difficult – if not impossible We are fortunate that reforming our The report recommended adopting a around New Zealand over the past year, and evidence-based treatment rather than enforcement.
– for them to obtain jobs and participate drug law does not require us to start from more effective approach to personal drug and they also mesh well with international • Regulations are as simple as possible and provide value for money.
fully in society. scratch. Within the confines of the Misuse use by directing people away from the research on drug reform.
08 matters of substance July 17 www.drugfoundation.org.nz 09
Cover Story
Portugal has invested heavily in drug treatment and prevention. Mobile health workers hand out methadone, sterile needles
and condoms. Portugal’s drug-induced death rate is now five times lower than the European Union average.
Decriminalisation
• Replace the Misuse of Drugs Act 1975 Those found with Class A drugs would We want to avoid making
with a new law administered by the be issued with a caution and required the same mistakes that were
Ministry of Health. to attend a brief intervention run by a made with alcohol and
• Replace criminal penalties for community-based organisation. This would tobacco, where powerful
possession, use and social supply of establish whether the person would benefit
from further assessment and treatment,
industries with vested
drugs with a health-focused system.
Keep criminal penalties for dealing in which case, they would be referred for interests resist regulatory
and manufacturing drugs. non-compulsory treatment. Those found changes intended to put
• As proposed by the Law Commission, with Class B drugs would be referred to a health before profit.
introduce a mandatory cautioning brief intervention at their second caution
scheme for possession and use of and those with Class C drugs on their third
drugs, with a focus on: caution. Drug classes would be reviewed
to ensure classifications accurately reflect
−− reducing the number of people
likely health harms.
introduced into the criminal
justice system • Remove criminal penalties for the
−− ensuring those with drug use issues possession of drug utensils.
For more on
are offered pathways into treatment • Review the maximum penalties for drug decriminalisation
as early as possible. dealing, manufacture and trafficking see pages 4-5 of
to ensure they are proportional. our model drug law
The alternative to prohibition does DRUG POLICY SPECTRUM
not have to be a free commercial
market: there is a whole spectrum
Photo credit: Neil Moralee Street Shot Portugal flickr of different policy options, as shown Unregulated Unregulated
by the Global Commission on criminal legal
After a set number of cautions – market market
Decriminalise use Drug Policy’s diagram right.
Social and health harms
We support repealing the The first part of our model drug law is
depending on the legal classification of
the drug – a person would be required to
42-year-old Misuse of Drugs based on the Law Commission’s 2011 attend a brief intervention session or be
Act and replacing it with a recommendations and the Portuguese prosecuted. Brief interventions would
new law administered by model of reform. Portugal decriminalised
involve a preliminary screening and a
the use of all previously illicit drugs in
the Ministry of Health. 2001 and invested heavily in prevention,
discussion about the risks of drug use
and whether the person would benefit
treatment and harm reduction.
from social support or treatment.
Drug use is still prohibited in Portugal,
People who failed to attend the brief PROHIBITION DECRIMINALISATION RESPONSIBLE LIGHT UNRESTRICTED
but it does not result in criminal penalties & HARM REDUCTION LEGAL REGULATION REGULATION ACCESS
intervention session would be prosecuted.
in most cases. Portugal’s experience has
As the aim is to keep the focus on DIFFERENT DRUGS DIFFERENT DEGREES OF REGULATION
been that this approach has decreased
improving health outcomes, the small
drug use among young people, led to fewer
people in jail and reduced HIV infections number of people convicted would face
and overdoses. low fines or the option of attending
treatment programmes. PEOPLE CHARGED WITH POSSESSION
We support repealing the 42-year-old
Misuse of Drugs Act and replacing it with The model drug law would also AND/OR USE OF AN ILLICIT DRUG OR
DRUG UTENSIL IN 2015
NUMBER OF
PEOPLE CHARGED 4,057
a new law administered by the Ministry require us to review and reclassify current
of Health. Possession, use and social
supply would be decriminalised, and
scheduled drugs according to the harm they
pose, as there are many inconsistencies in
NUMBER
CONVICTED 3,140
the current classifications.
possession of drug utensils would no
longer be an offence. We also think the current penalties
MĀORI
1,299
As recommended by the Law for dealing and manufacturing drugs
Commission, Police coming across need review. For example, the current EUROPEAN 1,541
someone in possession of drugs maximum penalty of life imprisonment for
would issue a caution notice, provide dealing in Class A drugs puts such activity
information about how to get help and on a par with murder, which we consider
confiscate the drugs. to be disproportionate.
10 matters of substance July 17 www.drugfoundation.org.nz 11
Cover Story
We need to ensure cannabis packaging is fit for purpose and carries prominent health warnings.
In an entirely profit-driven A regulated market for cannabis
market, companies would
target heavy users and Within strictly regulated guidelines, it would no longer be an
increase harm from cannabis offence to possess, use, grow or sell cannabis.
(as indeed occurs currently).
For that reason, we need to
regulate any market.
Cannabis would be sold at licensed outlets Cannabis would be grown under licence
and from a single, regulated website or at home for personal use.
• Licensed shops sell only cannabis • Central authority licenses and regulates
products and cannabis-related utensils. growers according to clear guidelines.
Outlets situated a minimum distance • Cannabis farms kept deliberately
from schools, alcohol outlets and other small-scale to promote community
cannabis outlets. Only over 18s allowed development.
to enter, and no products or advertising
visible from the street. • Individuals can grow up to three plants
each (maximum six per household) for
• Consumption of cannabis allowed only personal use.
in private residences or by special
licence at events. System would be regulated under the
• Territorial authorities issue retail Psychoactive Substances Act 2013 (PSA)
licences based on a set of health- • The PSA already establishes a
focused principles. Where they do regulatory authority and a workable
not issue any licences, online sales regulatory regime covering licensing,
cannabis and to provide excellent paraphernalia and plant seeds. Businesses fill the gap. marketing, retailing and penalties for
Regulate cannabis
... we support plain Our model also has a separate section
prevention, education and treatment. would be prohibited from selling alcohol • Strict regulations around advertising. breaches. It could be tailored to
We believe this can be achieved by and tobacco alongside cannabis to minimise Sponsorship, gifting and promotional regulate a cannabis market.
packaging with health covering cannabis. Social and cultural replacing our current prohibition system the risk of compounding harms or creating deals not allowed. • Existing regulations could be altered to
warnings, limited shop norms about cannabis are changing, as for cannabis with a regulatory system. new cannabis markets.
• Packaging is child-proof and includes allow the sale of raw cannabis up to a
frontage advertising, no demonstrated by the 2016 poll and by This certainly does not mean open slather The locations and opening hours
health warnings, information on maximum potency for anyone licensed
the legalisation of cannabis in eight or a free commercial market. In an entirely of licensed premises would be strictly
advertising outside licensed American states as well as some type potency and how to access treatment. to do so. Those wishing to sell products
profit-driven market, companies would regulated. There would be no retail outlets
venues and no sponsorships of decriminalisation or legalisation in target heavy users and increase harm from near schools, for example. Communities • Online sales allowed through one Trade
other than raw cannabis (such as
or gifts. We don’t envisage 44 countries. edibles or concentrates) would apply
cannabis (as indeed occurs currently). For would have a say in whether premises Me-style site only, under government
separately for product approval to the
seeing The Cannabis Shack We know that a majority of people use that reason, we need to regulate any market. were permitted in their areas. oversight and regulation. Strict age
regulatory authority established under
cannabis without serious health harm. The NZ Drug Foundation’s proposal for Workers in cannabis shops would checks both at point of sale
netball or rugby team. However, a small proportion experience (via RealMe, for example) and at
the PSA.
a model drug law would start with very have training in health issues relating
negative impacts such as anxiety, strict controls, which could be amended to cannabis, such as keeping an eye out delivery (courier required to check ID). Pricing and taxes
depression, memory loss and mood swings. as appropriate over time. We want to avoid for signs of dependency. Only those The website would promote harm
Those with sustained use face long-term making the same mistakes that were made over 18 would be allowed entry, and all reduction, for example, facilitating • To discourage harmful use, cannabis
health risks such as respiratory disease with alcohol and tobacco, where powerful products would be stored securely behind health interventions for those using sales would be subject to minimum
(if smoked) and mental illnesses such as industries with vested interests resist the counter. the most, and would collect valuable pricing. A higher price would apply to
schizophrenia, at least for those who may regulatory changes intended to put From a purely health perspective, data on consumption levels. higher-potency products.
be predisposed. health before profit. It makes sense to setting the age limit at 20 or even higher • A levy would also be payable on each
Cannabis also carries the risk of start cautiously and monitor the impacts would be the best option. However, this purchase. Proceeds from levies would
dependency in around one in 10 users. as we go. would create avenues for a black market be earmarked to cover the cost of the
Heavy use by young people has been We advocate for a regulated market to flourish, as a large percentage of those regulatory regime as well as treatment,
linked to poorer outcomes in education for cannabis, which keeps health interests who already use cannabis are between the education and prevention programmes.
and employment as well as a reduction central. There is already a regulatory ages of 18 and 20. It makes sense to align
in IQ points, although the research on system set out in the Psychoactive the cannabis age with the legal alcohol
this is mixed. Substances Act 2013 that could be purchase age and then focus on minimising
We want to create a system that modified to accommodate the development harm through health interventions.
will make it more difficult for those of a cannabis market. The purpose of that We do not want to encourage the
under 18 to access cannabis than it Act aligns perfectly – it aims to regulate development of a wide range of cannabis For more on how we
currently is and will make it easier for the availability of psychoactive substances products, as this could encourage new would regulate cannabis,
anyone struggling with their use to to protect health and minimise harm. users, especially young people. It would
see pages 6-10 of our
model drug law
access support. Our regime also aims to We propose that licensed premises go against public principles to allow THC
discourage mixing alcohol, tobacco and would sell only cannabis, cannabis-related gummy bears for sale or for people to sell
12 matters of substance July 17 www.drugfoundation.org.nz 13
Cover Story
Under our model, individuals could grow up to three plants each for personal use.
special brownies at farmers’ markets, for per household, would be a reasonable Licensed premises would be required is one of the key ways to reduce use. The disproportionate drug prosecution
example. Therefore, if edible products are Portugal’s success number. There is no science to setting a to display public health information Cannabis would be taxed according to its and conviction rates for Mäori – who
to be available, these should be licensed limit on the number of plants allowed. prominently, explaining to people how potency. Those using higher-potency comprised 41 percent of those given jail
for sale on a case-by-case basis. A licence
with its decriminalisation to moderate use and detailing how to terms for drug offences between 2010 and
Some jurisdictions – such as Washington products are most at risk of harming
could only be issued if manufacturers policies to a large extent State – allow none, while others allow six access help for drug-use issues. themselves, so consumption of high- 2014 – is discriminatory. Among cannabis
demonstrate a low risk of harm and meet rests on the fact it combined or more. Our compromise of three plants There would be a limited online potency products would be moderated users, 3.4 percent of Mäori, compared
other criteria. new drug laws with a hefty would allow people to grow enough for market, possibly organised similarly to a by higher prices. with 1.9 per cent of others, reported legal
We also want to keep profits in their own needs but not so much that a Trade Me page. Obviously, there are risks problems from their cannabis use in the
communities and stop Big Cannabis
investment in prevention, that those under 18 could seek to purchase
The NZ Drug Foundation supports
past 12 months.
black market would be created. regular reviews of the law to ensure it
from gaining a stranglehold on the market. education and treatment. It is worth noting that, in New Zealand, online, but these can be guarded against by
is working and not having negative We believe the model law will benefit
We would therefore restrict farm size by people are allowed to grow tobacco and ensuring that the person who accepts the Mäori by reducing health harms from
health impacts.
keeping each grower below a maximum brew their own alcohol, but very few people product delivery is the same person named drug use and drastically reducing the
As well as improving health and
number of plants. A government body actually do either. We envisage the situation on the credit card used for the purchase. number of drug convictions. Equity
reducing the long-term harm and stigma
would license all suppliers, but the number Another option would be using a RealMe could actively be promoted by ensuring
would be the same with cannabis once the of convictions, our approach makes
of suppliers and amount of product account to prove identity. Mäori experience any economic benefits
novelty of growing plants at home wore off. economic sense. A Treasury official in
produced would depend on the market. Even in a legal market, there need to of law changes.
Restricting advertising is a key way to 2016 calculated that legalising cannabis
We support supply models that will be penalties for not sticking to the rules. In the United States, indigenous
reduce demand for a product, so we support would save $400 million a year on drug
enable disadvantaged regions to benefit Once again, the Psychoactive Substances American tribes from California to New York
plain packaging with health warnings, prohibition enforcement and reap an extra
from growing cannabis. This could be Act already provides a good model. This legalised cannabis in their tribal areas in
limited shop frontage advertising, no $150 million in tax revenue.
done by keeping licensing requirements would mean those selling cannabis to 2015, and a number of tribes began tribal
advertising outside licensed venues and There would be no need for separate
simple and inexpensive and helping people under 18 could be fined up to cannabis-growing operations. We are
current small-scale suppliers move from no sponsorships or gifts. We don’t envisage $5,000, while under 18-year-olds buying laws regulating medical cannabis because actively seeking Mäori/iwi feedback on
the black market into a regulated market – seeing The Cannabis Shack netball or cannabis would face fines of up to $500. the therapeutic use of cannabis would no this proposal to explore whether there
for example, by providing pre-approved rugby team. There would be penalties for manufacturing longer be illegal. Cannabis-based medicines is similar potential for Mäori communities
packaging and assisting with taxes We want to avoid the product looking or selling without a licence and for making would continue to be available through in New Zealand.
and forms. too glamorous and exciting. At the same misleading licence applications. the pharmaceutical approvals model.
A levy would be taken at the point time, we do not want it to be so standardised The government would control We would like these medicines to be
Eliminating harms
of sale, with the money collected going that the black market steps in to fill cannabis prices to restrict demand – as it easier to access and fully subsidised. We are very realistic about our proposals.
back into covering administration costs already-existing niche requirements for does for alcohol and tobacco. We suggest Smarter drug regulation cannot by itself
products. For those reasons, it is important What’s in it for Mäori? eliminate drug harm. Reform needs to be
as well as education, treatment and minimum pricing as well as a regime of
prevention programmes. the growers can establish brands by levies that would be earmarked to fund An important element of our model law accompanied by upscaled harm prevention.
Our model also provides for people displaying their logos and information treatment services. is Mäori equity. Te Tiriti o Waitangi We need effective education, strong
to grow their own plants. We think three identifying the provenance of the cannabis We have learned from regulating the provides guarantees to Mäori about their drug harm prevention standards, better
plants per adult, with a maximum of six and its effects. tobacco industry that keeping prices high status and treatment. access to treatment and drug early-warning
14 matters of substance July 17 www.drugfoundation.org.nz 15
Cover Story
The stepped tukutuku pattern of Poutama symbolises growth and striving ever upwards.
In our model drug law this signifies our vision of an Aotearoa free from drug harm.
It is not generally
appropriate for the State to Timeline for reform
intervene coercively to
prevent individual citizens Our vision is a staged approach.
from harming themselves.
LAW COMMISSION REPORT 2011 CONTROLLING
AND REGULATING DRUGS (PAGE 48, PARA 1.44) Review the offences
and penalties regime for
drug possession, Review the Psychoactive New law to replace
Launch a
Right now, we know as required by the Substances Act 2013
public information
MoDA comes into force
National Drug Policy. (PSA), as required and drug use is
that young people have easier campaign.
by the Act. decriminalised.
access to marijuana than
just about any other illicit
substance. It’s easier to buy
a joint for a teenager than it 2017 2018 2019 2020
is to buy a bottle of beer.
That’s not right.
JUSTIN TRUDEAU, PRIME MINISTER OF CANADA 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
information systems. Portugal’s success The NZ Drug Foundation also the Psychoactive Substances Act. MoDA to be assessed
2020
for inclusion.
with its decriminalisation policies to a supports helping young people remain This would enable a regulated market
large extent rests on the fact it combined in education by strengthening supportive to be developed.
new drug laws with a hefty investment school cultures to reduce disengagement Five-yearly reviews of the Psychoactive
in prevention, education and treatment. and exclusion resulting from drug or Substances Act and the new drugs law
We are calling for a doubling of alcohol use. would be built into the legislation.
investment in addiction treatment and The War on Drugs has been raging for O N WA R D S • Reclassify cannabis as a • Undertake regular research, • Review the new law and the
Where to from here? low-harm substance within the monitoring and evaluation on PSA at 5-year intervals.
support services to eliminate waiting lists. more than four decades. In that time, it has
PSA and begin developing a drug use and drug harm under
The $350 million spent every year on We see a staged approach to bringing consumed billions of dollars and failed
regulated market. the new legislation.
drug-related issues should be targeted in the model law. A review of the offences utterly to cure the harms it seeks to address.
away from enforcement and into treatment, and penalties for drug use and possession In May, the Police admitted that this
required by the National Drug Policy is country’s meth problem was getting worse
support and prevention.
due to start in the second half of this year, and that their battle against it had achieved
In the past year, around 50,000 people
which makes now an ideal time to start “no visible impact”. In fact, in 2016, the
wanted help to reduce their alcohol or
working on introducing a Portuguese-style Police seized more than twice as much
drug use but did not receive this support.
model of decriminalisation here. meth as in any other year, but this had
At present, we only spend 3 percent of the
To do this, we propose the government no impact on the drug’s availability.
total health budget on addiction services, We know our proposals are likely to
drafts a new drugs Bill in 2018 to be
and this needs to increase. We would
also like to see increased spending on
administered by the Ministry of Health. cause controversy and concern. But it is Let us know what you think
A public information campaign on the time for a new, evidence-based approach
community-based and whänau-centred Bill could take place in 2019 prior to that will actually curtail the harms
services, including those that focus on We want these drug reform proposals to be as good as they can
submissions being called by select New Zealand must urgently address.
young people. Tough talk on drugs might sound good, be. You are invited to tell us what you think of the proposal. Is it
committee. We would like to see the
Low-threshold approaches such as but it is achieving nothing. workable? What parts would you change and why?
new law in force by 1 February 2020.
online and self-help options should be Meanwhile, the Psychoactive We are planning to bring as many voices together as possible this
made available, and there should be a Substances Act is up for review in 2018. year to see whether we can develop some consensus around a
government-funded destigmatisation This is therefore the right time to reform workable model. We’ll be holding community hui and talking to iwi,
campaign to reduce negative public it, both to make it work as it was intended politicians, young people, people who use drugs and many others.
perceptions of people who use or depend and with an eye to bringing the regulation Please let us know what you think of this policy by attending one of
on drugs or who are in recovery from of cannabis into the revised Act. You can download a copy of the our hui or going to nzdrug.org/drug-law-2020
drug use. Likewise, those in prison After 2020, cannabis could be model drug law online, or email us at
should have much better access to drug removed from what is currently the admin@drugfoundation.org.nz
and alcohol treatment, both in jail and Misuse of Drugs Act 1975 and reclassified for a paper copy.
after their release. as a low-harm substance falling under
16 matters of substance July 17 www.drugfoundation.org.nz 17Feature
Ups and downs Methamphetamine
makes up 70 percent of our
SELECTED OPIOID CONSUMPTION BY COUNTRY (2014)
200
with painkiller
admissions. GHB and meth Morphine
Oxycodone
150
are driving us insane.
mg/capita
prescriptions
JOHNNY DOW 100
50
0
Canada US Australia UK Scandinavia* New Zealand Japan
It’s widely accepted that over-prescription of opioid
* Weighted average: Denmark, Finland, Iceland, Norway, Sweden. Cited in “Opioid rain: opioid prescribing is growing and practice
is diverging” by Alan Davis, et al, NZ Medical Journal (2016)
Volume 129 Number 1440
painkillers, and associated addiction, is a deadly problem
in many countries throughout the world, notably the US.
C
But just how bad are things here in Godzone? How aware orporate America The early and widespread availability been banned from his medical centre in
are our medical professionals of the dangers of doling out is no stranger to of OxyContin is now considered to be the Karori for a long time. “We just stopped
malfeasance in the root catalyst of America’s current heroin them coming ages ago.”
opioids, and are we doing anything to curtail overzealous pursuit of profit, epidemic, a nationwide disaster and the The campaign to make the New Zealand
prescribing? Matt Black talks with some medical but by any standard, worst drug crisis in the country’s history. medical profession aware of the perils of
the US$634 million Of the 52,000 American overdose deaths oxycodone has been largely successful.
professionals to find out. MATT judgment handed since 2015, some two-thirds have been Pharmac data shows prescriptions dropped
BLACK down against Purdue attributed to heroin or prescription from 180,830 in 2012 to 151,134 in 2016.
Frederick in 2007 for the misrepresentation painkillers such as Percocet, OxyContin But prescriptions of other strong opiates
of its opiate painkiller OxyContin remains and fentanyl – more deaths than car across the same period went up, with
a milestone. crashes and gun homicides combined. morphine rising from 161,229 to 203,690
In the judgment against three of the More than 165,000 Americans have died and fentanyl almost doubling from 28,623
company’s top executives, a federal judge from opiate overdoses between 1999 and to 57,132.
extraordinarily bemoaned his inability 2014. To provide some New Zealand The increase in fentanyl is largely
to jail the plaintiffs for substantial perspective, that’s 30,000 more people attributed to prescribing in aged residential
periods as they had already arrived at the than the population of Tauranga. care, where it has also nearly doubled.
multimillion dollar plea deal, but he did For a time, New Zealand looked like Strong opioid prescribing rates for people
additionally sentence them to three years it was following the American model of over 80 are six to seven times higher than
probation and 400 hours community oxycodone distribution. Between 2007 for those under 65. There is no hard data
service each – all to be served in drug and 2011, oxycodone prescriptions rose to indicate why that is, but one assumption
prevention or rehabilitation. A US 249 percent. But in 2014, disturbed by is that there are increased needs for pain
Department of Justice media statement international reports of the drug’s potential relief from operations, arthritis, cancer or
from 10 May 2007 reads: for addiction and abuse, the Health Quality other common causes of pain in the elderly.
“Even in the face of warnings from and Safety Commission and New Zealand’s Despite these seemingly large increases
health care professionals, the media, district health boards (DHBs) launched in strong opioid prescription, New Zealand’s
and members of its own sales force that a collaborative initiative to reduce the black market for prescription opiates
OxyContin was being widely abused and prescription of oxycodone, clinically remains tiny compared to other countries,
causing harm to our citizens, Purdue, championed by Dr Peter Moodie. indicating that the medications are mostly
under the leadership of its top executives, “We got a dramatic decrease in the being used by their intended patients as
continued to push a fraudulent marketing usage of it. Unfortunately, when a drug prescribed. Data from the National Drug
campaign that promoted OxyContin as less is still under patent, it tends to be heavily Intelligence Bureau put 2015 seizures of
addictive, less subject to abuse, and less promoted. If you take a drug like morphine, heroin at 38 grams (across 14 incidents),
likely to cause withdrawal,” said United which is now a generic drug that has been oxycodone at only 549 tablets and fentanyl
States Attorney John Brownlee. around for hundreds of years, it’s not powder at 1.6 grams, with most of these
“In the process, scores died as a result actively promoted by any particular drugs seized at the border. Morphine and
of OxyContin abuse and an even greater company, whereas things like oxycodone codeine remained the most seized opioids,
number of people became addicted to were being heavily promoted by the with 2,184 codeine tablets seized in 2015.
OxyContin; a drug that Purdue led many company that was selling it.” Presentations at treatment organisations
to believe was safer, less abusable, and less “If you’ve got a new drug, you want to for opiate addiction in New Zealand are also
addictive than other pain medications on promote it as much as you can to get the very low. Johnny Dow, Clinical Director at
the market.” sales up.” He says drug sales reps have Higher Ground, a residential facility with
18 matters of substance July 17 www.drugfoundation.org.nz 19You can also read
