 | NORML News: Law Commission to review Misuse of Drugs Act |
 NORML NEWS SUMMER 2008
The Misuse of Drugs Act is to be reviewed by the Law
Commission. It is the first time in over thirty years that the Act will be reviewed in its entirety, and the person in charge is former Bill of Rights Act champion Sir Geoffrey Palmer, writes WILL DE CLEENE.
The Law Commission is
an independent crown entity
charged with rationalising and
reviewing New Zealand law. It
has been in the news recently
for severely criticising the
police’s search and surveillance
powers.
The Commission recently
released its work schedule for
2008, and by Sir Geoffrey’s
admission, the Misuse of Drugs
Act review is the second largest
project planned for the next year,
behind the Reform of Criminal
Procedure.
The Misuse of Drugs Act
was recently described by the
director of the University of
Otago’s National Addiction
Centre, Professor Doug Sellman,
as “an un-evidence-based mess.”
Prof Sellman is a member
of the government’s Expert
Advisory Committee on Drugs,
the statutory body charged
with providing evidence-based
substance classification.
Following the recent unevidence-
based recommendation
from the EACD to ban BZP,
committee members recently
put alcohol through the criteria
to see where it would be if it
was classified. Based on the
level of harm if causes, they
decided Class B1 was most
appropriate - the same as ecstasy,
hash and amphetamines.
The Misuse of Drugs Act rewrite
was originally announced
by the Associate Minister of
Health, Hon Jim Anderton, on
the same day as the BZP ban.
The timing implies Anderton
expects the review to provide a
framework for the classification
of new recreational substances
(although tobacco and alcohol
are explicitly excluded from
this review).
But Palmer is not known for
doing things by halves. At the
moment, the Law Commission
is calling for public submissions
on the admissibility of previous
convictions in court trials, and
are still scoping the terms of
reference for the Misuse of
Drugs Act review.
NORML News was told they
will “almost certainly” seek
submissions from interested
parties and groups. We’ll keep
you posted on that - or keep an
eye on their website: www.lawcom.govt.nz
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