Is the tide turning on reform?
ANALYSIS: The tide looks to be turning on cannabis legalisation, particularly in western democracies. Is cannabis reform New Zealand’s next same-sex marriage?
In a population known for its ability to adopt an informal change and then let the legislation catch up; that’s exactly the case.
Police already apply a high tolerance to low-level marijuana use – turning a blind eye to those using it for medicinal purposes. This is completely out of line with the national drug policy, but exists regardless.
Globally, or more specifically in western democracies, the tide appears to be turning on cannabis reform.
Associate Health Minister Peter Dunne, who is responsible for overseeing the country’s drug reform, says three or four years ago the international community would have been 60/40 in terms of perceiving cannabis as a policing issue. Today, he thinks it’s the other way round.
In 1985, there was a famously fiery meeting at Auckland Town Hall on homosexual law reform. A year later, the outdated laws were being addressed. By 2013, same sex marriage was legal in New Zealand.
In 1984, the same hall hosted the great marijuana debate, but three decades later and the same momentum over homosexual law reform has never kicked in. Well, not with legislation, at least.
Dunne questions whether that’s because of a ‘‘lack of credible champions’’.
‘‘I think the people who have promoted cannabis law reform over the years have been seen as people wanting it for their own purposes, rather than a sort of more detached health or social justice issue.’’
In the case of homosexual law reform, was there a greater case for justice? Dunne says there were definitely ‘‘far more fundamental discriminations in place and there was much more of a human rights issue’’. Part of the problem with cannabis legalisation is that most countries are struggling with how to deal with the fact the production is fundamentally controlled by criminals.
If production is successfully taken off these gangs, will that see them take to something else? Dunne thinks there is another way to legalise cannabis without changing the laws. He’s promoting the Portugal model, which doesn’t prosecute people who are caught with 10 days of marijuana supply – instead referring them to mandatory health treatment.
They haven’t decriminalised marijuana – it’s still illegal to produce and possess it, but they’ve created an enforced higher tolerance for low-level drug offending. Anyone caught with a supply above the threshold however is still dealt with through the courts.
The model is a bit like diversion, although Dunne feels that 10 days is probably too lenient for this country. He proposes seven days if New Zealand was to consider this model – it’s a ‘‘more sensible way to go’’.
Dunne also proposes making cannabis products Class C drugs and, as with psychoactive substances, allowing them to be tested. If they’re low-risk, then they could be sold under restrictions – for example, in R18 stores.
Arguably, the next step is making a profit off cannabis. Treasury documents dating as far back as 2013 reveal that taxing cannabis could result in annual revenue of $150 million a year. It would also save $400m a year on enforcement of drug prohibition.
So, is New Zealand ready to take the next step to decriminalisation or even legalisation?
‘‘If countries aren’t buying the argument, they’re buying the language,’’ Dunne says.
What remains to be seen is if, or when, the legislative process will catch up.