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Drug Laws Face Tide Change – People are Ready: In introduction paragraph 3 you mention, “While cannabis use remains relatively high, new drugs have appeared. In the 2000s, party pills like BZP and more harmful drugs like meth amphetamine have joined cannabis at the forefront of New Zealand’s drug scene.” We would like to point out that the latest drug study is in conflict with that statement where it lists cannabis use last year at 46% and Meth-amphetamine use is at less than 1%. With such a disparity in the numbers between cannabis users and meth amphetamine users, creates a false impression about how prevalent meth- amphetamine actually is in our society. It is the type of statement that media will seize upon for sensationalism and takes away cool rational debate.
We agree, that, “ A first principles review of the Act is well overdue”
Michael and Irinka Britnell
P.O.Box 13486
Christchurch 8141
Submission on the summary of the
Law Commissions Issues Paper on the Review of the Misuse of Drugs Act 1975
Dear Law Commission
Thank you for accepting our submission. We are a, husband and wife team, who, have worked together for Cannabis Law Reform since we joined the Aotearoa Legalise Cannabis Party in 1996.
We have been involved with the cannabis community since 1970. We have read the Summary Document and see a lot of positive suggestions that would at least alleviate the current negative situation. While that may be good, we would like to see criminalisation taken out of the equation, and that the issue should be a medical matter in regard to any associated negative effects that a person may have.
Drug Laws Face Tide Change – People are Ready – Appendix 1
Introduction
We note in your introduction paragraph 3 you mention, “While cannabis use remains relatively high, new drugs have appeared. In the 2000s, party pills like BZP and more harmful drugs like meth amphetamine have joined cannabis at the forefront of New Zealand’s drug scene.” We would like to point out that the latest drug study is in conflict with that statement where it lists cannabis use last year at 46% and Meth-amphetamine use is at less than 1%. With such a disparity in the numbers between cannabis users and meth amphetamine users, creates a false impression about how prevalent meth- amphetamine actually is in our society. It is the type of statement that media will seize upon for sensationalism and takes away cool rational debate.
We agree, that, “ A first principles review of the Act is well overdue”
We understand the Commissions’ concerns about by New Zealand’s obligation under the international drugs conventions but disagree that the Commission needs to be so constrained and take the prohibition approach as the only method.
We have examples of other countries signed up to International Conventions, that regularly ignore them as in the US going to war with Iraq without the OK of the UN and also the Dutch and other European countries and some US States who are allowing limited access to cannabis for medicine and some going as far as allowing some recreational use. Severe penalties have not worked anywhere in the world to assist stemming drug use or trade, the only correlation is that violence in the community goes up with prohibition. Refer recent studies done.
We agree with paragraph 8 in your introduction where you refer to the room to move within the conventions for “less emphasis on conviction and punishment and more emphasis for the delivery of effective treatment.”
We would like to emphasise that we need to get away from treating ‘drug taking’ as some type of ‘wrong doing’ that requires being punished for the action to oneself.
It is not our moral call.
Of course we do not like to see alcoholism or drug addiction, but to punish and lock these people up is not the solution at all.
Prisons are not the Solution –
New Zealand has the second highest prison rate in the western world.
In 2007 there were 769 cannabis prisoners.
Total cannabis convictions – 5898 - Appendix 2
How many people have been convicted since The Misuse of Drugs Act 1975? Well over 150,000 and rising. At the cost of billions of dollars for no obvious benefit or positive result, we ask why continue doing what is not having the required effect which is to stop people taking drugs/substances for recreational purposes? (For some unfounded fear that substance use, apart from alcohol, will destroy society. Yet the reverse is true – Alcohol is our biggest social problem, other so called hard drugs are minimally used, and cannabis our most popular recreational substance, after alcohol, is proved practically harmless to the majority of the adult population.)
Chief Justice Sian Elias Press 17th July 2009 – Appendix 3
Raised questions about penal policies and prison overcrowding – calling for the release of some prisoners. We say there should be no people in jail for consuming or trading cannabis. This would save approximately 800 prison beds costing over $50million alone.
We hope that you the Law Commission will assist to make our government listen to some common sense on this long overdue much needed reform.
Refer Appendix 2 Table re cannabis offences 2003 – 2007
Once people have a criminal conviction, people become marginalized, pushed to the boundaries of society and are unable to fully realize their potential. This is a further loss to the community. If cannabis consumers were not criminalized imagine their contribution to society.
We agree that the restricted substances regime introduced in 2005, and your detailed options for reform, are not perfect but at least it is an attempt to go on the right track.
Terms of Reference
Yes the legislative regime should reflect the principle of harm minimization.
Not necessarily the National Drug Policy, which is based on the old regime, which is shown not to work. Otherwise we would not have an increase of use since 1975.
The most suitable model is controlled availability and regulation.
See Appendix 4 - Marijuana Matrix – Regulated Availability Discussion Document
( c ) A statutory regime should cover all substances including
(d) psycho-active substances.
(e) Drugs should be categorized by a new alternative system.
(f) Needs further discussion of what is appropriate
(g) Offences and penalties should be taken out of the equation and the issue looked at from a health issue perspective.
(h)No. The statutory presumption for dealing choice under the New Zealand Bill of Rights Act is (5.17) (c ) the only civil rights choice.
Not needed if Drugs consumption and distribution is properly regulated and no longer an offence.
(j) Legalisation is the only legislative framework.
(k) Health Agencies.
In Response To Your Questions for the Public
Classification of prohibited Drugs
The ABCD classification system may be necessary for description of substances, but should not be related to punitive measures.
The changes required for classification. Classifications are an absurdity unless alcohol and tobacco are included. Otherwise it does not compute in particular to our youth. Only double standards are perceived.
Cannabis being such a dynamic herb should be under it’s own special category (e.g. The Cannabis Act) as it has a multiple uses – industrial, medicinal and recreational. However with the irrational hang up about people consuming cannabis recreationally, we are unable to tap into all the other potentials that could be helping save the NZ economy and environment.
Dealing
The concept of ‘dealing’ is predicated and dependent on the fact of a black market. A black market is only established under prohibition policy. This is one of the cornerstone arguments for ending prohibition and having a type of regulated industry as in the working example of Cannabis Cafes that we have in Holland. The ‘Dealer’ is not at fault here. The “dealer’ is forced into the position of doing this necessary link of distribution. The lucrative black market is a seductive lure, but most small dealers do not end up making much money. Sure there are a few big commercial attempts out there, but they are in the minority when you look at the size of the cannabis consuming population. The majority of deals are done through friends, with the odd small time grower selling to their own circle. Most ‘dealers’ believe they are doing a good social service and do not see themselves as doing something ‘bad’. Not many cannabis consumers will tell you that dealers are bad – unless of course they give a stingy or low quality product or deal. Dealing should not be regarded as a ‘greater crime’. The Booze Barons get Knighthoods for their, successful distribution of alcohol, while the alcohol consumers create the majority of havoc in society today. So let us start from the premise that the dealer is not a criminal and that the scale of supply is only answerable to laws of quality etc governing distribution, and of course to the tax department which will be able to collect a tidy sum of revenue considering 14.6% of the population consumed cannabis in the last year with 39.1% using it weekly. 1,224,600 people had tried it in their lifetime. A lot of people to criminalise and a lot of revenue for the tax department to get. Conservative estimates of consumption of more than thirteen tons per annum, equals more than half a billion dollars per annum at black market prices of $20.00 per gram. Per week. These figures vary according to which premise you start from.
All dealing is dependent on social networks. Everyone usually needs to know someone. It is only at gang tinny houses where a more casual approach is used. This is because they are gangs, they feel some kind of bravado and untouchable aspect that will protect them from rip off’s, robbery and the police. They also usually don’t always own the property so they are less worried about any asset seizure laws.
No, there should not continue to be an offence of possession for supply. The penalties should be completely removed. This is not a crime. It has been created into a crime by the Misuse of Drugs Act 1975. The Misuse of Drugs Act has not done its job of preventing use. It is a failure and no amount of tinkering is going to fix it. If you are genuinely trying to assist people get help for their cannabis consumption then this is a health and not a criminal matter. And parameters need to be set in place for assistance if it is required.
Personal Use Offences
People should be allowed to posses and grow for personal use without it being an offence. Of course we think it should go much further than that. If you compare that to alcohol – you can have as much alcohol as you wish in your liqueur cabinet and you can make your own wine, beer and liqueurs etc. You can also have as many packets of cigarettes and you can also grow your own tobacco for personal use. So it’s a bit double standard to have some restrictions on cannabis, but restrictions are far more positive on society than criminalisation of this sector.
If it must continue to go through the expensive court system, a compassionate and supportive approach should be taken.
Drug use should not be a criminal offence. It is a health matter. No one should be ‘offended’ if someone takes drugs for any reason. The reason is a personal matter. People who want help voluntarily should have it made available – but as we see in the current system there is little focus on giving people the assistance they need.
No the possession of utensils for the purpose of using drugs should not be a criminal offence. Just as it is not a criminal offence to be in possession of a syringe from the Roger Wright Centre, that does a legal social service by the distribution of clean needles to keep the population safe from AIDS, Hepatitis C etc. See Appendix 5 – Roger Wright Pamphlet and
Appendix 6 – Comment on Dr Steve Luke and we are forwarding his PHD on the subject, which we can only send by email as an attachment to this document but will not send a physical copy due to the size. His point is all about the social service health safety of these dispensaries, mainly run by volunteers.
Our point being, that smoking utensils assist with a healthier delivery of the cannabis smoke and by people being able to use their own pipes or smoking devices as in condensers etc, where they are ‘not sharing spit’ which is another important health message being delivered to the people. Currently having a smoking device is an imprison able offence.
Enforcement of the criminal law
We do not agree with increasing the ‘offences list’ If the Misuse of Drugs Act is repealed and prohibition of cannabis is ended, then there will not be any other offences. The police could just ignore cannabis use as they do in Holland, without changing the law, if it is too difficult in this political climate.
(5.31) We have concerns about new search and seizure laws, where an old ladies’ house that she has been living in all her life, may now be confiscated because she grew cannabis there. We have concerns where a person’s assets may be frozen before they even get a conviction. How is that person supposed to mount a defense without access to their assets? We have concerns that a person who has 10 x spindly plants in their possession can have them extrapolated out to mean 160 ounces of potential growth and therefore be convicted of growing a plantation without the hard-core evidence there. Refer case Neville Yates
(5.32(e) There should not be a forfeiture regime for Use (Misuse) of Drugs.
(5.33 Search and Surveillance – It is through the dysfunctional policy of the Misuse of Drugs Act that has enabled the spawning of further erosion of our civil rights to privacy by these overpowering Stalinist Search and Surveillance powers that pales the KGB spying on the population of Russia, into insignificance.
The very system that the West condemned the ‘East’ for, we are now embracing.
Look out, whatever you like or what you believe in, could be targeted next!
Our Westminster system of innocent until proven guilty has been taken away with these new laws and now the presumption in particular in relation to drugs is guilty until you can prove you are innocent. We should all be concerned about this gross erosion of our civil rights. All the more reason to get rid of or repeal the Misuse of Drugs Act as it is having all these negative flow on laws, which are tearing at the fabric of our democratic society, all because of drug use, which appears to be quite a normal activity throughout the ages and in all societies.
We think the police and customs have enough powers. In fact if cannabis was to be completely taken out of the Misuse of Drugs Act it would actually make their job easier as it is one less non - dangerous matter to worry about, increasing their effectiveness.
Exemptions to prohibition
Cannabis should definitely be exempted if you must carry on the Act.
However in our humble opinion, all drugs should be regulated. As we see a lot of the ‘big money’ is in P even though only a very small minority use it.
Problem limitation (7.7) and (7.8) page 25 - We agree with these types of measures
The Roger Wright Centres are an example of what could easily become a government distribution point, as in overseas, for addictive drugs with counselors and education information and real assistance to get people off these drugs. (appendix 6 – Switzerland example of government distribution) In NZ people seem to wait months to get on any assistance program e.g. methadone, and then there is no follow up support. These Government distribution centers would take the gangs and money out of the Black Market and most of the problems associated with it.
(5.38) Licensing Scheme – Agree Licensing Authority should not be governed by political decisions.
Diversion is vital to assist people to not get a damaging conviction. There should be more provisions for diversion.
Misuse of prescription drugs, for want of a better word, is a type of malady. These people need a hand up and out not a push down by punishment as some type of solution. Again we stress the taking of any drugs is a Health Issue. To punish people on top of their drug taking problems is strange. A bit like putting the mental patients in lock ups like jail in the old days, but now we treat them more humanely trying to live with most of them in the community.
(5.43) Education Centres and counseling are the best practice approach.
Of course the law should authorize the medical use of cannabis by people suffering from chronic or debilitating or any other type of illness.
We understand the Canadians have a system in place whereby the patient gets registered ID for the purpose. They can either grow it themselves if they are able, or they have a designated grower for that purpose if they are unable. Those who have muscular debilitating diseases are usually unable. Some States in the US have other similar systems. We are confident we could work out a system that would suit NZ.
We agree with (5.47)
Proposed Approach To Non – Convention Drugs
For Health and Safety, all new recreational drugs need to be regulated for quality and correct information about the product. Prohibition creates an unsafe unregulated black market that puts people at risk, with the backyard/backroom chemists. We have to accept the fact, that a certain sector of our society have experimented in the past and will continue to use drugs/herbs and potions for recreation and for some for a spiritual experience.
Approval for quality control is necessary and essential to well being of community
Yes we agree with minimum standards – similar to quality control of the herb, food and beverage industries.
Achieving balance in drug policy
The development of a blueprint for drug and alcohol and other addiction services is not only more practical, but also more credible to give emphasis to treatment. It is the current double standard of treating legal and illegal substances differently that puts people off seeking treatment. For treatment to be effective – it must be voluntary. Forced treatment will not have a lasting impact and it also goes against our civil rights for freedom of choice.
Depending on what they are coming up before the courts for. If someone is a recidivist offender in relation to violence, disorderly behavior, drunk driving, stealing for his or her drug habit, etc, and obviously needs assistance then there should be an option for treatment and or punitive action depending on the severity of the offending. However if the person is up on charges of being in possession of substances other than legal alcohol and cigarettes, then we have the problematic issue of the hoary old ‘double standard that always goes against the grain of fair play in our society and the community looses respect for the law and the police who enforce the law.
In our lay observation of current alcoholism assistance – is that it is sadly lacking.
The closing down of a wonderful facility like Hanmer Hospital was not a wise decision if you want to assist people. Facilities should be expanding, not being closed down. The tragedy is that the government makes billions from the alcohol industry from those spenders throughout their lives, but when it comes to the end when they have spent all their disposable income at the local bar, there is no help for their chronic alcoholism and ill health at the other end. It would surely be callous to think that they may have a speedy cheap death, not an expensive slow recovery.
We personally know of a 2 x bad chronic cases, where one of the people has died.
What we noted was that after treatment there was no follow up care and both persons reverted back to their old ways pretty rapidly.
Alcoholism and Drug Addiction Act 1966
We can see the use of this Act. It’s key features are to hold the patient’s civil rights in the highest regard with allowing access and having regard for outside legal advice.
Yes but with regard to continually updating and upgrading the situation and being open to new developments on less restrictive options.
Conclusion and Further Comments
Drug Related Harm in New Zealand (1.6)
We understand there are concerns about harms from substances that humans will continue to experiment with. All the more reason, to have proper controls, which will be respected, by everyone.
Whatever harms and perceived harms there may be from substance/drug/herb consumption, prohibition through the Misuse of Drugs Act 1975, has not done anything to stem use. Therefore any harm cannot be addressed through this method.
As the perceived harms of use, are increasing under this policy regime.
The Drug Harm Index is another skewed statistic as it puts the values of the drugs at black market prices measuring the greater harm to the greater black market value of the drug or substance. If there were no black market prices, and hard drugs were medicinally government issued for a nominal fee, and people grew their own cannabis, the drug harm index does not make real sense. It is a nonsensical way to measure perceived harms of drug/substance consumption.
Also the word ‘drugs’ if black market are ‘bad’ if from doctor are ‘good’ show the
Emotive state we have whipped up about drug consumption.
Proper rational debate is needed and we are relying on you to continue to lead this debate until it is properly resolved.
The Damaging Effects of Prohibition on Society
You talk about the harms to society (2.4) Social cohesion and community trust is eroded away under prohibition policy. The public would have greater liaison with the police if they were not worried about their drug use. Community trust and security would be increased. Prohibition creates an invisible wall between those who smoke and those who do not. Prohibition is of far greater consequence and negative impact on society, far outweighing any puff on cannabis may have.
Appendix 7 – Football star banned for 10 years.
You may as well say that his career is over for what – having a puff on a cannabis cigarette? What is the worse ‘crime’ in this case? Did it impair his performance?
Appendix 8 – The Tragic Stephen Cleary Story – “Unnecessary death” – coroner report. Was put in jail for growing cannabis for his medical problems and died in jail due to a callous attitude, and not getting the proper care required.
The wounds from prohibition as a result of the Misuse of Drugs Act run deep.
Prohibition encourages corruption on all levels of society.
Police lie in court under oath – Police ‘set up’ and encourage crime
TV3 - Undercover Police Expose Documentary.
The police duty is to ‘prevent crime’ not allow it to develop so they can get some ‘big guy’ 1 – 2 years later. In the meantime black market networks have developed and
Continue to develop long after some one or group has been busted.
The black market in New Zealand must be strong to support so many cannabis smokers with very little trouble in the distribution network except from the police occasionally.
Sure there are rip offs and associated crime but minor compared to legal alcohol.
The police will never be able to get everyone; there are just too many consumers, thus making it an unfair law, as it is only the few on the periphery who get busted.
The denial of this wonderful medicinal plant for common use is out of step with the science. It gets rid of nausea enabling appetite the most important thing for a sick person who needs to eat to get well. It grows to 15 feet in a season – saving our forests – it gives us clean burning fuel, building materials, fiber for clothes and food with the seed high in protein and the vital Omegas 3, 6, 9.etc.
Your point (1.11) is progressive giving us confidence; you have a grasp of the issues, which need to be discussed. (2.10) We also need to talk about support for alcohol use.
There are plenty of measures that can be put in place. A select committee would investigate. (3.3) Brilliant point. (4.4) The UN has its head in the sand. (4.7) Room to move within the current framework. (5.6) We disagree with this. Their criminality is created by the current policy. (5.24) Yes – we must look at overseas trends.
Appendix 9 –Cannabis Medicine in New Jersey Allowed – News clipping
We thank you for doing this work, which is desperately required.
We wish to speak to our submission.
Yours faithfully
Michael and Irinka Britnell.
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The prohibition of marijuana does more harm to society than making it legal ever would period.
The NZ govt really needs to consider making this plant legal, they would be stupid not too. They could regulate it the same way they do alcohol. And thats money that can be going towards the health system, defense system, educational system, or whatever.
Also consider all the benefits. Medicinal, bio-fuel, saving the forest etc. All of which FAR outway any negative effects cannibus causes if any.
Hopefully this submission helps us pot smokers out there, we need to change the way we look at this wonderful plant.