Media Release
Rt Hon Sir Geoffrey Palmer
President
Law Commission
Embargoed until 4pm, Thursday 11 February 2010

Release of the Law Commission’s Issues Paper on Controlling and Regulating Drugs

The Law Commission releases today its Issues Paper on Controlling and Regulating Drugs.

“The Misuse of Drugs Act 1975 is over 30 years old. Patterns of drug use and knowledge of drug harms has changed markedly over this time”, Law Commission President Sir Geoffrey Palmer said.

“Like alcohol, illegal drugs cause considerable harm. The key question is what approach will most effectively mitigate that harm?"

“New Zealand’s international obligations under 3 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 said.

“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, that are not covered by the drug conventions and regularly come on the market. Currently these substances can be imported, manufactured and sold without any controls. This creates a real risk of harm to the public”.

“The Commission proposes a new regime which would require manufacturers and importers to seek an approval for a substance before it can be released onto the market. This is how other hazardous substances are currently dealt with."

“The Commission also proposes that there should be some minimum regulatory controls such as age and advertising restrictions that should apply unless the substance is prohibited altogether”.

“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 to it 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;

* whether and in what circumstances people should be able to be detained compulsorily for alcohol and drug treatment”.

“These are difficult and controversial issues”, Sir Geoffrey Palmer said.

“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. 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. The Commission will also be consulting with experts in the area. Submissions close 30 April 2010.

The Commission will provide final recommendations to Government in July.

ENDS

Regulating_and_Controlling_Drugs_Summary_Final.pdf

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