Is Cannabis Reform New Zealand's Next Same-Sex Marriage

Ron Strider

Well-Known Member
The tide looks to be turning on cannabis legalization, particularly in western democracies. Is cannabis reform New Zealand's next same-sex marriage?

New Zealand is inching closer and closer to cannabis decriminalization without even changing a single law.

Known for our ability to adopt an informal change and then let the legislative process catch up - that's exactly the case when it comes to cannabis law reform.

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.

SO, IS LEGALISING CANNABIS THE NEXT STEP?

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 and the public are now 60/40 in favour of it being treated as a health issue.

Take even the most "grotesque displays" in countries with the death penalty, such as Indonesia - "even they're using words like 'compassion'" when talking about drug reform.

"The Saudis talk about a compassionate approach, which I think means counsel before they cut your arms off," Dunne says.

In 1985 there was a famously fiery meeting at the Auckland Town Hall about homosexual law reform. A year later and the outdated laws and human rights issues were already being addressed.

By 2013 same sex marriage was legal in New Zealand.

A LACK OF 'CREDIBLE CHAMPIONS'?

In 1984 the same hall hosted the great marijuana debate, but three decades later and that same momentum that came from homosexual law reform has never really 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".

So, unlike homosexual law reform, cannabis legalization could be seen to be more about personal choice than human rights.

Part of the problem with legalization is that most countries are struggling with how to deal with the fact the production is fundamentally controlled by criminals.

If the production is successfully taken off the gangs in New Zealand, will that see them take to something else?

Already there are pockets of the country where marijuana is near impossible to buy and the gangs are dealing almost completely in methamphetamine alone.

THE PORTUGAL MODEL

But is there another way to legalize cannabis without actually changing the laws?

Dunne thinks so and is 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 decriminalized 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 and while Dunne says 10 days is probably too lenient. He proposes seven days if New Zealand was to consider it - it's a "more sensible way to go".

By taking the focus off the low-level possession it's allowed police to spend more time concentrating on production and distribution.

Dunne also proposes making these cannabis products Class C drugs and, as with psychoactive substances, allowing the products to be tested. If they are proven to be low-risk, then they would be allowed to be sold under restrictions - for example, R18 stores.

MAKING MONEY OFF MARIJUANA

Arguably, the next step from there is making a profit off cannabis.

Treasury documents dating as far back as 2013 reveal taxing cannabis could result in $150 million a year in tax revenue.

But not only would it generate money, it would also save $400m a year on enforcement of drug prohibition.

Denmark, Germany, Portugal and parts of Australia and the United States have all decriminalized the possession of cannabis to varying degrees, with Treasury noting, "their experiences have been positive and don't seem to have increased drug use".

Canada's federal government introduced legislation in April with a goal of legalizing and regulating the use of recreational marijuana by July 2018.

While Dunne says everyone is looking to Canada closely, it's not entirely clear where their policy will end up yet.

"[Canadian Prime Minister Justin] Trudeau is saying one thing, his bureaucracy is struggling to catch up and the officials are trying to work out what it all means."

If New Zealand moved to a regulated market then you could certainly tax cannabis further down the track, but Dunne is wary of saying, "well we could raise money from this, so let's do it".

"Having said that, I think it's worth noting there is some potential to gain some revenue from this and the government would be somewhat foolish if it didn't do so when it got to that space."

So, is New Zealand ready to take the next step to decriminalization or even legalization?

"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 - which could be an uphill climb under a National-led government.

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News Moderator: Ron Strider 420 MAGAZINE ®
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