To The Health Select Committee
Misuse of Drugs (Medicinal Cannabis) Amendment Bill
To amend the Misuse of Drugs Act 1975
To:
Introduce exception and statutory defence for terminally ill people to possess and use illicit cannabis and to possess a cannabis utensil; and provide a regulation making power to enable the setting of standards that products manufactured, imported and supplied under licence must meet and amend Schedule 2 of the Act so that cannabidiol (CBD) and CBD products are no longer classed as controlled drugs. THE MEASURES ARE INTENDED TO IMPROVE ACCESS TO MEDICINAL CANNABIS AND ARE GUIDED BY THE PRINCIPLES OF FAIRNESS, QUALITY, SAFETY AND COMPASSION.
We are going to give you our opinion, our observations and our recommendations.
Introduction
We are a subcommittee from the Aotearoa Legalise Cannabis Party and represent the wishes of most cannabis consumers in New Zealand. 60% of New Zealanders are calling for regulation instead of continuing criminalisation of those who do not have a terminal illness.
This proposal is going backwards as we all know that those who can afford it are able to get Sativex for a variety of non- terminal illnesses and pain. Why should those who cannot afford it be compromised and criminalised. This is neither fair nor compassionate. All sufferers of illness and pain should be able to have equal access with the same defence. Numerous studies have been done in the U.S. and around the world particularly in Israel in specialist strains for a great variety of terminal and non- terminal illnesses.
The statement says “The measures are intended to improve access to medicinal cannabis …” However, contrary to the goals, this bill will not necessarily improve access to affordable medicinal cannabis. Until there is access to affordable legal medicinal cannabis a lot of people who are ill and in pain are forced to go to the black market risking a cannabis conviction and putting the suppliers (green fairies) at risk of their freedom. Recidivist offenders who continue to supply black market medicine are getting up to 4 years and 9 months as in the tragic case of Brian Borland who was just trying to help sufferers who self -medicate with cannabis for their ailments, diseases and pain. Such terrible punishments will not happen under a full regulation model for cannabis. Many people now argue that all cannabis use is medicinal.
You state “The legal pathway for people to obtain cannabis on prescription from a medical practitioner, access to affordable cannabis products is problematic”.
We recommend that people should be able to grow their own for medicinal purposes or have a designated grower as in overseas models.
“The provision of an exception and statutory defence for terminally ill people to possess and use illicit cannabis and utensils is a compassionate measure, until affordable quality products are available under a PROPOSED MEDICINAL CANNABIS SCHEME.”
Currently non- terminally ill patients have access to cannabis products like Sativex if they are approved by their doctor and can afford it. Surely non- terminally ill patients who cannot afford it and are forced to use illicit cannabis should also be entitled to the same defence on fair and compassionate grounds. Christchurch Central MP Nicky Wagner knows of a particular patient “C” here in Christchurch who is so disabled she needs assistance with all of her general care. She has been living with assistance in the community. One of our members would go down to her place every night and assist her to light her pipe of cannabis. This could be a ‘recidivist offender’ who regularly assists a patient to get and use cannabis to relieve her painful constricting muscles and also mental relief. How could anyone deny her this defence? This person is so disabled that they would not be able to cope with her in jail. Yet cannabis brings her so much relief – she like many other disabled, in pain and ill New Zealanders should also be allowed this new proposed defence. She cannot afford sativex or other expensive products therefore she and others like her, should be able to grow their own or have someone grow it for them.
It is very stressful for these people who are already suffering to have the fear of persecution, prosecution and discrimination and be made to feel like a criminal.
We would like to know - How soon will the “Proposed Medicinal Cannabis Scheme” be implemented? By the time people are terminally ill, they are barely in any condition to mount any type of defence.
It states the Bill establishes quality standards for local and imported products. We do not understand how there are no products to meet Med safe standards when medical cannabis is legal and available in many countries. What makes NZ Standards so different? All the diseases and ailments are the same. We agree with setting minimum standards for products made commercially.
We welcome removing CBD from Schedule 2. It should never have been there and It shows up how incorrect the law is as CBD is not the illegal THC – yet people have been arrested, punished with a criminal conviction for low THC grade cannabis usually the leaf which no one wants to smoke as it is inferior and does not give the relief that people are looking for. In Israel, where advances are being made in medical cannabis, they report that some ailments need higher THC levels. The police when trying to get a conviction will maximise the weight including stalks, roots, leaf and moisture (water adds weight) wrongly never making any distinction. There are probably thousands of wrongful arrests and convictions since 1975 creating much misery and suffering. Once you have a conviction – your life is basically ruined as it closes many doors of opportunity. Going to jail for 18 months as in the case of amputee Neville Yates for growing 13 spindly plants in his wardrobe for his pain – points out the actual evil of the Misuse of Drugs Act 1975 whereby the Judge was able to extrapolate that these plants were going to turn into 160 ounces – increasing the actual amount by many times over – imaginary totals that could never be proven but because the Judge said it was so – So the imaginary total was accepted and poor leg amputee Neville went to jail. Such an outrageous travesty of justice almost beyond compare. No compassion there. But because it is happening to so many people over and over – over the last 43 years, “we” have become immune to these shocking occurrences of injustice. Alleged harms have been overstated and the sooner this law is properly reformed the better. We don’t lock up people for being alcoholics. They are offered treatments not punishments. This Bill is just fiddling around the edges of the issues. It is criminal to continue criminalising people for using a natural herb. Even recreationally it is basically used as a tonic.
In our experience and opinion – All use is medicinal and no one should be criminalised for its use.
Section 7 Amended (Possession and use of controlled drugs)
Our Recommendation to be written under 2A to include” (c ) Has a certificate from a medical practitioner or nurse practitioner certifying the person is able to get relief from their non-terminal illness or pain or disability by using illicit cannabis and utensil . “
The amended recommendation to be added into sub clause 3A – Our recommendation is” 3B provides that evidence of a diagnosis of non-terminal illness may be produced as a defence in any proceedings for an offence against Section 7;” and under Section 13 Amended Miscellaneous Offences - our recommendation is to add in “makes it clear that an accused may produce evidence of diagnosis of non- terminal illness.” One in five New Zealanders suffer chronic pain.
We are glad to see a review but think 2 years is too long to wait when dealing with ailing people. We believe it should be much sooner like 6 months. People should not be allowed to continue to suffer because the law has not been reviewed. We hope that if you don’t adopt our recommendations for the defence to include ‘Non- terminal Illness now which will bring relief to thousands of New Zealanders, that you will do so under provision (b) of the review.
In closing we wish to say –
Let us not forget that the primary goal as defined from the Health Department is for “Harm Minimisation” and unfortunately this Amendment to The Misuse of drugs Act will not achieve this goal for the majority of cannabis consumers.
Thank you for this opportunity to have some meaningful dialogue on this very important matter. We need to go a lot further and sooner rather than later.
The Aotearoa Legalise Cannabis Party advocates for full regulation of cannabis – so that no one is criminalised any more for consuming cannabis medicinal or recreational.
We wish to speak to our submission.
Michael Appleby - Joint Leader - Aotearoa Legalise Cannabis Party
Michael Britnell – Vice President – Aotearoa Legalise Cannabis Party
Irinka Britnell – Secretary – Aotearoa Legalise Cannabis Party