 | Cannabis Inquiry: Cannabis Inquiry - something to report |
 Health committee finally meets; draft report is discussed
An evidence-based report must support cannabis law reform.
Proposed Smokefree law would ban coffeeshops, most preferred model.
By Chris Fowlie
NORML News Autumn 2003
The Health Select Committee has finally met to begin considering the evidence last heard almost 18 months ago.
Committee chair Steve Chadwick (Lab, Rotorua) promised a report “early in 2003”, but the committee of mostly new MPs are only just setting aside the time to consider the evidence that most were not around to hear in the first place.
Many people have contacted Norml voicing feelings of frustration and disillusionment at the continuous delays. We urge anyone who put in a submission to contact the health committee and demand they please hurry up.
The current inquiry is technically a new cannabis inquiry as the previous one lapsed at the election. All submissions and evidence from the lapsed inquiry have been accepted into this new one, but of the MPs present at the hearings only three remain - Steve Chadwick, Nandor Tanczos and National’s Lynda Scott.
The “consideration” stage of inquiries is a secret, but an official who did not want to be named told Norml News a draft report has already been rejected and sent back for a rewrite.
Apparently it ignored the widespread calls for law reform simply because the Government’s agreement with moral crusaders United Future prevents them from introducing any legislation.
The Government’s agreement should not stop the independent health committee from recommending reform if it wants to.
Certainly the vast majority of submissions supported change.
More than five hundred written submissions were received, and the Green Party has posted an analysis of these on their website (www.greens.org.nz/searchdocs/other5965.html).
This shows there was widespread support for law reform, with 81% of submissions calling for the current law to be scrapped.
There was general agreement among submissions that it makes no sense to criminalise people for using cannabis. Only fifteen per cent of submissions supporting keeping the law as it is.
A clear majority - 59% - advocated the regulated and licensed sale of cannabis to adults along the lines of Dutch coffeeshops.
Allowing medical use of marijuana was also widely supported. The Medical Association were not opposed to the idea, and the Pharmaceutical Society said they could easily distribute medicinal cannabis through pharmacies.
Most academic and expert witnesses also recommended changes to the law, with the Alcohol and Public Health Research Unit submission was unusual in it’s support of continued prohibition.
Massive inquiries in the UK and Canada have also backed ending cannabis prohibition.
If the health committee intends to issue an evidence-based report, they must support cannabis law reform.
However, no matter what the evidence, the most favoured model could be doomed before it is even discussed.
The new Smokefree legislation proposed by the very same health select committee proposes to ban all smoking anywhere indoors, and that’s bad news for cannabis cafes.
Norml believes that an air quality standard would address concerns about second-hand smoke while letting smokers indulge in their habit.
We support an exemption to the proposed ban for private clubs such as RSA’s, chartered clubs and, you guessed it, “members only” cannabis cafes.
If you want to see cannabis cafes in Aotearoa, lobby your MP and the members of the health committee to reject the proposed ban.
Our recommendations
In line with the weight of public submissions, a clear recommendation for meaningful reform is needed. Draft legislation should be written so we at least have a model to talk about.
A public health approach should only be concerned with addressing use that is problematic. An enlightened society does not punish people simply for a different lifestyle. It would be unthinkable to have laws criminalising other minority groups.
Penalties for the use, possession and cultivation of cannabis by adults for personal use and the non-profit transfer of small amounts should be repealed. Criminal records for non-violent cannabis offences should be wiped.
The licensing of commercial cultivation and sale is the most appropriate legal status, offering some control over juvenile use and a separation of markets, and is consistent with New Zealand’s international treaty obligations.
A commercial market for marijuana will always exist, and it is best to legally control that market. NORML supports the introduction of Dutch-style cannabis cafes. Political factors are the major obstacle to cannabis regulation, which would most effectively control access by minors, minimise harms to cannabis users, and impose the least costs on society. Taxation of cannabis would provide an income stream for government capable of funding alcohol and drug prevention and treatment on a scale required to make a difference.
There is also a lot that can be done to make things better, without actually changing the law.
For a start, the government could greatly improve access to medical marijuana. They could allow doctors to import their own supply for prescription to their patients.
The police diversion scheme could be automatically offered to anyone charged with a simple cannabis offence. The police could be directed to make cannabis a much lower priority. Pending more meaningful reform, guidelines could be issued to officers that direct them to only confiscate personal amounts of cannabis without further action.
The Expert Advisory Committee on Drugs could be asked to make a recommendation on moving cannabis to a lower schedule. Moving cannabis to schedule C2 or lower would recognise its therapeutic value and only moderate abuse potential. This would allow doctors to prescribe cannabis. It would also mean police would need a warrant to search people - section 18 would no longer apply, and that would make life a little better for a lot of people.
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