Effective mitigation of drug harm
The law should continue to impose heavy penalties on large-scale drug dealing but there may be a case for more flexible approaches to possession offences, the Law Commission says in a report released on 11 February.
One more flexible option suggested in the commission’s issues paper, Controlling and Regulating Drugs, is whether marijuana should be available on a controlled basis for medicinal use.
The report reviews the Misuse of Drugs Act 1975. As well as seeking submissions, the commission says it will also be consulting experts in the area. Submissions close on 30 April. The commission will provide its final recommendations to the Government in July.
"Like alcohol, illegal drugs cause considerable harm," Law Commission President Sir Geoffrey Palmer says.
"The key question is what approach will most effectively mitigate that harm?"
"New Zealand’s international obligations under three drug conventions require that most of the commonly used drugs be prohibited except for medical and scientific purposes. But there is scope for a range of different approaches within the convention framework.
"Large scale commercial drug dealing is the most serious drug offending. It wreaks havoc in our communities. The law already imposes heavy penalties in these cases and it should continue to do so. But there may be a case for taking more flexible approaches to offences involving possession of small quantities of drugs for personal use," Sir Geoffrey says.
"The issues paper canvasses a range of options for dealing with these offences including a formal cautioning scheme, an infringement notice regime and a greater use of diversion into education and treatment.
"These more flexible approaches are likely to be much more effective at reducing drug harm than simply punishing drug users. They ensure law enforcement resources are directed at the most harmful drug activities while addressing drug users’ needs for education and treatment."
The report also canvasses possible approaches to new drugs, such as party pills, and proposes a new regime that would require manufacturers and importers to seek an approval for a substance before it could be released onto the market.
The report canvasses a range of other issues including:
- whether the current system of classifying drugs as Class A, B or C should remain and, if so, whether any changes are required;
- how better alignment can be achieved between the Medicines Act and the Misuse of Drugs Act so that the law is more accessible;
- whether marijuana should be available on a controlled basis for medicinal use;
- the need for a sufficient number of drug treatment facilities and how to ensure an appropriate emphasis on treatment; and
- whether, and in what circumstances people, should be able to be detained compulsorily for alcohol and drug treatment.
"Though illegal drugs are regulated quite differently from alcohol for historical and cultural reasons there are similarities between this and our project on liquor laws," Sir Geoffrey says.
"In both contexts, the challenge is to find the right mix of strategies to reduce overall harm. A common theme in both projects is the need for greater emphasis on treatment."
The Law Commission has an online consultation website, www.talklaw.co.nz, to generate public discussion on these issues.
LawTalk 745, 1 March 2010