Chris Fowlie is a partner in The Hempstore Aotearoa, a retail outlet that specialises in catering to New Zealand’s cannabis culture, with outlets in Queen St Auckland and Cuba St Wellington, plus a nationwide mail order service. Mr Fowlie points out there are huge anomalies and loopholes in the proposal that will allow retailers to flout the ban, and he has vowed to do so.

"For instance, we can still sell pipes if they are ‘tobacco pipes’ but not if they’re called ‘head pipes’. We can sell anything as individual parts. We can still sell any wooden and glass pipes. We can’t put gauze in the bowls, but we can still sell it separately. Roach clips are banned if they look like a cannabis "leaf seeds or fruit", but they're legal if they don’t. Shops will be forced to become more like their American counterparts, who play a 'cat and mouse' game with their anti-paraphernalia laws. For instance, we could keep selling bongs by removing the cones and sticking a plastic flower in the stem and calling it a vase."

"While we are pleased the time frame has been extended, we will continue to trade in these health-protecting devices, and if they want to prosecute us then that’s their choice. We have a legal team ready and waiting."

"The Government likes to say it supports the principle of harm minimisation, but actions like this show they are more interested in punishing marijuana smokers than in protecting their health. Pipes and bongs protect the health of smokers. Water pipes in particular filter out carcinogenic tars, burning embers, ash, and cool the smoke. They specifically want to ban utensils that cool the smoke by passing it through water, and will also ban retailers from putting gauze in the bowls of pipes, even though their sole purpose it to prevent the inhalation of ash and burning embers."

Minister of Health Wyatt Creech today published a Gazette Notice in accordance with the Misuse of Drugs Act section 22(A) to make the importation and sale of certain defined ‘paraphernalia’ an offence punishable by up to 3 months in jail or a fine of up to $5000. Forty-one submissions were received by the Ministry of Health, including those by NORML and the Hempstore. The Ministry noted there was "strong opposition" to the proposed time frame of 3 months to sell existing stock, so it will now come into force on the 1st of July 2000. This appears to be the only change to the ban as originally proposed.

"This ban is directly contradictory to the principles of the National Drug Policy, which was based upon minimising the harms associated with drug use, upholding people’s rights where they don’t infringe on the rights of others, increasing people’s control over their own health, and favouring education to law enforcement.

"In our submission we offered to work with the Government in getting information about cannabis out to our customers, but obviously they’re more interested in sending ‘tough on drugs’ messages that they are protecting people’s health. It is election year, after all."

The text of the submissions by NORML NZ and The Hempstore Aotearoa to the Ministry of Health are available by contacting Chris Fowlie at the numbers below. Additional information is also available on the NORML NZ web site http://www.norml.org.nz

Mr Chris Fowlie 09 302-5255 or 025 297-6843 NORML spokesperson and partner in the Hempstore Aotearoa Ltd.

"Currently utensils such as bongs and pipes can be imported or sold, but cannabis use is illegal," Health Minister Wyatt Creech said.

"Banning drug paraphernalia is in line with the Government's National Drug Policy goal of minimising the harm caused by illicit drug use to both individuals and the community.

"We currently have an inconsistent situation where the drug cannabis is illegal, but but isn't illegal to import and sell paraphernalia which is clearly intended for illegal drug use.

"We are giving retailers 12 months to get rid of their stock. The timeframe follows the consideration of submissions on the drug paraphernalia ban.

"Young people need clear and consistent messages about drug use," Mr Creech said. "The visibility and availability of paraphernalia for example, in particular pipes and bongs, specifically for illicit drug-taking activity, has the potential to send conflicting messages to young people about the appropriateness or safety of taking drugs."

The Ministry of Health, the Customs Department and New Zealand Police consulted on the proposed ban in May. Forty-one submissions were made.

"Retailers were to have three months to phase out old stocks, but concern was expressed that three months was too short. We have decided to give retailers more time to get rid of these products."

The Gazette Notice to prohibit the importation and supply of cannabis utensils pursuant to section 22 (1A) of the Misuse of Drugs Act 1975, will be issued today but won't come into force until 1 July 2000.

For further information please contact Anna Hughes (04) 4719 819 or (025) 477 987.