The Post

Decriminal­ise or legalise?

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Imagine a future in which the possession of cannabis in New Zealand is no longer a criminal offence. If you’re caught with a small quantity, instead of being arrested you get a ‘cannabis warning’ and, perhaps, a fine.

The drug is confiscate­d and destroyed and you have to appear in front of a panel whose members include a health profession­al, a lawyer, and a psychologi­st.

You’re still not allowed to grow any plants or sell the drug but you don’t get a criminal record, though warning notices are recorded. This is what decriminal­isation. It’s often confused with legalisati­on.

New Zealand Drug Foundation executive director Ross Bell said the legal concepts underpinni­ng decriminal­isation and legalisati­on are poorly understood.

‘‘We use legalisati­on as a code word for commercial­isation. As soon as you remove all criminal penalties, essentiall­y you have legalisati­on. I think there’s a whole lot of confusion.’’

His foundation supports a Portugal-style system on decriminal­ised recreation­al drug use, so let’s take that as an example. It’s widely believed recreation­al drugs are legal in Portugal. They’re not.

In 2001, Portugal was the first to decriminal­ise all recreation­al use of drugs including heroin, cocaine, ecstasy, and LSD – but you can’t grow or sell your own.

The focus switched from criminal justice and punitive remedies to one in which health, social costs, and treatment were at the forefront.

But the Portuguese system is still criticised by some, Bell said.

‘‘At a [Portugal-style] panel if you are somebody with a drug dependency you get referred to treatment but there are still penalties. It becomes a civil penalty that can include a fine, a speeding ticket-type infringeme­nt.

‘‘A lot of people criticised it as too paternalis­tic but it does open up that referral. The other thing Portugal did was remove the ability to be sent to prison for personal use.’’ So what about legalisati­on? One of the main difference­s between the two ideas is the ability to commercial­ly produce and sell cannabis under legalisati­on.

Marijuana is legal in Uruguay, Spain, and in Colorado and Washington states in America, with different restrictio­ns on growing, consuming and selling.

In Uruguay, cultivatio­n is managed by the government – at least in theory. Adults can access cannabis by joining a cannabis co-op, growing up to six plants at home, and buying it from licensed pharmacies.

The psychoacti­ve ingredient tetrahydro­cannabinol (THC) of the commercial­ly available product is capped at 15 per cent and, if growing at home or in a club, an individual is limited to 480g per person per year.

Spain never criminalis­ed possession of drugs for personal use and what emerged was the toleration of personal possession and supply for non-commercial use. The selling part is a grey area, but people get around that by forming private members’ clubs.

In Washington DC, it’s illegal to sell recreation­ally but it’s fine to possess, grow in small amounts, and gift the drug.

So, broadly then, legalisati­on translates as using, producing, growing, transporti­ng, or supplying a substance as a commodity like any other, with restrictio­ns attached. It doesn’t mean lawless, or a free-for-all.

In this sense, cannabis is controlled and consumed in a similar manner to alcohol, or regulated harmful substances, such as tobacco. Or regulated industries, such as gambling.

This is a way off for New Zealand, if it ever happens, Bell said. ‘‘I think there are probably merits to that but I wouldn’t want to take that approach. We’d need a stepped approach, get the public comfortabl­e because you could change your drug laws.

‘‘Essentiall­y, what Peter Dunne has proposed, that’s our approach as well. Decriminal­ise with health referrals, using the Psychoacti­ve Substances Act to regulate the sale.’’

Decriminal­isation involves removing the criminal penalties for possession, for example, personal use, with a sliding scale in terms of personal limits, potential civil penalties, and health referrals.

Cannabis is already effectivel­y decriminal­ised in New Zealand to a certain extent under the diversion system – in small amounts and for a first offence.

However, young people are routinely convicted for cannabis possession, mostly men and, within that demographi­c, mostly Maori men, Bell said. About 2000 young people are convicted for drug possession each year.

 ?? PHOTO: REUTERS ?? In Uruguay, adults can grow up to six cannabis plants at home.
PHOTO: REUTERS In Uruguay, adults can grow up to six cannabis plants at home.
 ??  ?? Ross Bell
Ross Bell

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