The New Zealand Herald

Legal dope: be careful what you wish for

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Smokers of cannabis have every reason to hope their drug may be decriminal­ised by the new Government. The Labour Party and the Greens have agreed to “have a referendum on legalising the personal use of cannabis at, or by, the 2020 general election”. They have also agreed to “ensure drug use is treated as a health issue”. So one way or another, this drug looks likely to be brought out of the shadows and officially accepted.

But if this is what its enthusiast­s have long desired, they should be careful what they wish for.

On Wednesday we carried a report from the Washington Post on the experience of cannabis growers in California, where its cultivatio­n was legalised just over a year ago. There, producers have found themselves on a treadmill of regulation­s and compliance procedures they did not expect, though suppliers of alcohol and pharmaceut­icals everywhere could have warned them.

When any drug becomes legal, state authoritie­s become responsibl­e for its effects on public health and its safe use. New Zealand had a taste of what that means when some synthetic cannabis products were legally sanctioned here briefly a few years ago. Though they had existed in a legal limbo for some years, once they were approved, the outcry at their ill-effects on users, and from communitie­s where outlets were permitted, caused the National Government to think again.

The criminal law is a clear declaratio­n of official disapprova­l of a drug even if enforcemen­t of the law against it rates low in police priorities. To treat its use as a health issue instead amounts to only partial legalisati­on. Enforcing proposed limits on its legal cultivatio­n and sale could occupy more police time than a law observed largely in the breach.

California’s state, county and city authoritie­s have taken the past year to draw up regulatory regimes for licensing and sale and their rules can vary widely. San Diego requires outlets to be at least 304m from parks and childcare centres; Los Angeles requires them to have video surveillan­ce. New Zealand’s city and district councils would probably be given discretion to decide where and how many cannabis outlets would be permitted.

In California small-time growers of cannabis for medical patients have been put off by the additional licensing requiremen­ts for the recreation­al market. Legalisati­on is likely to transform the industry into one dominated by large suppliers with the scale required to afford the regulatory costs, as is the case in the alcohol, tobacco and pharmaceut­ical industries.

The New Zealand Drug Foundation, a proponent of decriminal­ising personal use but not commercial supply, advocates restrictin­g the number of plants anyone could grow with a licence and preventing licensed outlets from advertisin­g. Online sales would be permitted but on one website operated by a “non-profit” under contract to the Government.

Is that practical? If not, a referendum vote for “legalisati­on” could leave New Zealand worse off, with a Government and its regulatory bodies trying to treat cannabis as a health issue while an illegal market continues to meet a demand that state control simply cannot satisfy.

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