Create a new drugs law for modern world

When the cannabis referendum failed despite being so close, my daughter, having watched me over decades fight for health-based, fair drug laws, wrote something on Facebook that compelled me to write this as the departing chairperson of the NZ Drug Foundation.

My tamahine, in justifiable, youthful anger, said the laws we have are ‘‘racist, because they unjustly criminalise us as Maori, because they’re outdated . . . know everyone will be a bit gutted tonight but I just wanted to say . . . I’m really really proud of you, Dad . . .’’

Her words and the outcome hit me hard and made me realise how deeply personal the lack of progress on drug harm is for me and for many Maori.

Like many young Maori men, I obtained drug convictions in my youth that have haunted me my entire life. Even though it’s been 34 years since my last drug conviction, it still makes my life difficult. As one particularly ironic example, when Iwas asked to speak at the United Nations about drug law reform, it took seven months to get permission to enter the US.

And so, on behalf of those who can’t speak, I ask: why is it all taking so long?

We have made progress. Just a couple of weeks ago, checking drugs at festivals and elsewhere was legalised, to wide public acclaim – an improvement that will save lives. Something Know Your Stuff and NZ Drug Foundation have pushed for for years. And that I am stoked with.

However, even that was a bit of a slap in the face for Maori. At the same time as pill-testing was announced, progress on cannabis was ruled out. But the kind of drugs that young people take at festivals are financially out of the hands of most Maori. What is good for non-Maori youth cannot be extended to Maori?

We have had positive signals in other ways from the Government. In 2019, there were amendments to our drug laws to help move us away from prosecuting people for drug use, and instead provide for police discretion not to prosecute. Well, we all know how police discretion works for Maori. It doesn’t.

In 2019-20 there were more than 3000 convictions for minor drug offences and about 40 per cent of those were Ma¯ori. Ma¯ori carry the burden of our drug laws, receiving 49 per cent of all convictions for drug possession and use, and they are more likely to go to prison for low-level offences than non-Ma¯ori.

Convictions don’t work. They hang over you forever and impact every facet of your life. But they have been proven to do nothing whatsoever to reduce drug use or harm among those unlucky enough – or Ma¯ori enough – to be caught.

All the recent government reviews of our health, mental health and justice sectors, along with the recent Wai 2575 claim (a Waitangi Tribunal Health Services and Outcomes Inquiry hearing all claims concerning grievances relating to health services and outcomes of national significance for Ma¯ori) reflect back the pervading view of the nation now, which is that drug use should be treated as a health issue.

The public mood is for change. The referendum may have been lost, but it was an ambitious proposal, and we know a good number of the no votes are supportive of some decriminalisation, or a lesser legalisation.

It’s no surprise that the people most affected by drug harm – Ma¯ori and young people – overwhelmingly voted ‘‘yes’’ at the referendum. The special votes counted in Ma¯ori electorates put the ‘‘yes’’ vote at about 80 per cent – a big majority.

It will be interesting to see how Ma¯ori electorate MPs respond to this – or if they do. We are letting voters down by not listening to them.

The Government has amoral obligation to do something about the inequities caused by our drugs law, regardless of how the referendum vote went on the day. The problems caused by prohibition haven’t just gone away.

With so many Ma¯ori MPs in Government this term, we challenge them particularly. Respond to what Ma¯ori voters are telling you, and do what’s clearly the right thing from a public health and social justice point of view.

It’s time to throw out the Misuse of Drugs Act 1975 and replace it with a new law that’s fit for the modern world.