Modern Australian
Men's Weekly

.

New law gives NZ police discretion not to prosecute drug users, but to offer addiction support instead

  • Written by Max Abbott, Professor of Psychology and Public Health, AUT, Auckland University of Technology
New law gives NZ police discretion not to prosecute drug users, but to offer addiction support instead

New Zealand passed the Misuse of Drugs Amendment into law last month, giving police discretion to take a health-centred approach rather than prosecuting those in possession of drugs, including class A drugs like methamphetamine, heroine and cocaine.

The new law also classifies two synthetic cannabinoids as class A drugs and allows for temporary drug class orders to be issued for emerging substances.

The New Zealand Drug Foundation hailed the amendment as “a massive leap” towards treating drug use as a health issue, while the New Zealand Police Association argued that it would essentially decriminalise the possession of class A drugs.

Drug use remains a criminal offence in New Zealand – police “discretion” not to prosecute is not tantamount to decriminalisation. I argue that the law change is a positive step towards a health and social response to drug use and misuse, so long as it doesn’t get lost in translation.

Read more: Drug laws on possession: several countries are revisiting them and these are their options

A ‘health-centred’ approach to drug policy

The amendment requires police to use their discretion not to prosecute when they find someone in possession of an illicit drug for personal use. Police are directed to consider whether prosecution is required in the public interest or whether a health-centred approach would be more beneficial.

The law change is one of several related government initiatives. The previous amendment, passed in December 2018, enabled the development of a medicinal cannabis scheme and legal defence against prosecution for terminally ill patients. And a referendum on recreational cannabis legislation will be held in conjunction with the 2020 general election.

Read more: Potential cost to patient safety as NZ debates access to medicinal cannabis

These measures are in keeping with Prime Minister Jacinda Ardern’s decision not to join US President Donald Trump’s “war on drugs”. Instead, Ardern said New Zealand would pursue a “health-based” approach.

While driven in part by a shift in government policy, the amendment was also a response to the chief coroner’s report highlighting that 55 or more people died of synthetic cannabinoid drugs in the past two years. Two of the most dangerous of these, AMVB-FUBINACA and 5F-ABA, have been reclassified as class A drugs. Provisions have been made for temporary class drug orders to control new and potentially harmful drugs.

This will mean increased investigative powers for police and heavier sentences for importers, manufacturers and dealers of these substances. It will also enable government to react quickly to emerging high-risk drugs.

Criminalising drug use doesn’t work

To support the new legislation, the government has increased funding for addiction treatment services and is establishing a multi-agency drug early warning system. The amendment emphasises a health response to personal drug use. It applies to all classes of drug.

In practice, police already exercise discretion not to prosecute and have been doing so increasingly in recent years. Police charges for cannabis possession or use have fallen 70% in the past decade. On the other hand, drug offences for methamphetamine possession or use have risen sharply. Last year, for the first time, they outnumbered cannabis charges.

Overall, thousands of people continue to be convicted each year for minor drug use or possession. These people are disproportionately young and Māori.

There is no evidence that convicting and sentencing drug users reduces drug use overall or benefits them individually. To the contrary, criminal convictions often have adverse consequences for career and life opportunities. The costs to the criminal justice system and taxpayer are considerable.

Potential outcomes of the law change

The devil is in the detail. Reduced fear of prosecution will probably lead more people with drug-related problems to seek professional help. Potentially thousands who come to police attention will avoid being prosecuted each year. Instead, many will receive treatment and other forms of support that change their lives in positive ways.

Police and the courts should be freed up to focus on serious drug-related offences and other crime. The proportion of Māori being sentenced and imprisoned should reduce.

But these outcomes depend greatly on how police exercise their discretion not to prosecute. A huge shift in police culture, mindset and professional skill is required. The outcomes presuppose that accessible, specialist addiction and support services are readily available.

The recent government Inquiry into Mental Health and Addiction noted severe strain on existing services and called for an expanded range of treatment and detox services. This depends not only on additional funding, but requires strong leadership and significant change in the size and composition of New Zealand’s addiction-related workforce.

The amendment’s other provisions should help address the devastating impacts of new substances. The rate of their development will most likely accelerate, and some may be as, or more, dangerous than AMVB-FUBINACA and 5F-ABA. The effectiveness of the multi-agency early warning system will be critical in rapidly identifying these drugs.

The long road to ‘far-reaching’ drug reform

While regarded as a significant step in the right direction, many see this and the December 2018 amendment falling far short of being a comprehensive health and social response to drug use and misuse. Both the Law Commission in 2011 and the Inquiry into Mental Health and Addiction in 2018 called for a complete rewrite of the Misuse of Drugs Act (1975).

Drug use remains a criminal offence, even for terminally ill patients. Police discretion means that many people are still being arrested for possession and personal use of cannabis and other drugs. Māori could well continue to be unfairly targeted.

Many drug users are reliant on criminal gangs for supply. This both sustains gangs and other criminal operators, and brings users under the influence of dealers who can encourage progression to more harmful substances and criminal activity to sustain their drug use or addiction.

The upcoming referendum may in part address this in relation to cannabis. But more far-reaching reform will be required across the full spectrum of substances. In the interim, new measures will need to be carefully monitored and adapted to ensure that they conform with their intent.

Authors: Max Abbott, Professor of Psychology and Public Health, AUT, Auckland University of Technology

Read more http://theconversation.com/new-law-gives-nz-police-discretion-not-to-prosecute-drug-users-but-to-offer-addiction-support-instead-122323

How to Use Plants to Create a Calming Atmosphere in Your Home

In today’s fast-paced world, cultivating a calm, soothing environment at home has never been more important. Whether you live in a busy urban apar...

How Maths Tutoring Can Help Students Master Maths

Mathematics can be a daunting subject for many students, often causing stress and frustration. However, maths tutoring has proven to be an effective...

Refurbished iPads Are Better Than New Ones (Here's Why)

Image by rawpixel.com on Freepik Apple's refurbished iPad program has quietly become one of the best deals in tech. While everyone obsesses over the ...

Your Guide to Finding the Right GP: What Perth City Doctors Offer Today

Choosing a General Practitioner (GP) is one of the most important health decisions you’ll make. Luckily, Perth’s vibrant CBD now hosts a new ge...

Why Every Mining Operation Needs a Robust Safety Management System

Mining is one of the backbones of the Australian economy, particularly in Western Australia. Back in 2019-20, mining contributed 10.4% of Australia...

Australian Classic Literature Enjoys Resurgence

Welcome back to the good old days of storytelling! As the modern world becomes increasingly more demanding, returning to childhood favourites offers...

How to Choose the Right Lawyers in Sydney for Your Situation

When faced with a legal issue, selecting the right legal representation can make all the difference. Whether you're dealing with a personal injury, ...

Building a Governance Model for Headless Content Management at Scale

Image by pch.vector on Freepik There's never been a better time to implement a headless content management system (CMS) to gain the flexibility and ...

Understanding Trade Insurance: Essential Protection for Businesses

Image by Drazen Zigic on Freepik In the current economic environment, trade insurance is an important element for companies trading both locally an...

Choosing the Right Timber for External Cladding

Timber cladding is one of those finishes that pulls double duty: it makes a building look warm and welcoming, and it quietly shields the frame from ...

Top Services Offered by Diesel Mechanics in Brisbane

Keeping a diesel vehicle running at its best takes more than the occasional oil change. When you invest in regular specialist care, you protect the ...

Top 5 Benefits of Hiring Professional House Removalists

Moving day should feel like the start of a new adventure, not the end of your patience. Yet once the settlement papers are signed and the champagne ...

Navigating the Digital Landscape: Managed IT Solutions and IT Services in Townsville

As technology advances at an unprecedented pace, companies must adapt to embrace the transformation ahead. With an evolving technology landscape, mana...

Types of Catering You Should Consider for Your Next Event

Choosing the right type of catering service can elevate your event from ordinary to unforgettable. Whether it’s an elegant wedding, corporate func...

Understanding the Benefits of Split System Installation for Your Home

Climate control is essential to maintaining comfort in your home, especially during the extreme temperatures that many regions face. Whether you’r...

Best Aluminium Window Sliding Designs for Natural Light and Airflow

Bringing natural light and airflow into a space is one of the most efficient ways to create a healthy and comfortable home. In Sydney and across Aus...

Maximising Operational Efficiency: Electric Winch Hire Australia and Hydraulic Power Pack Hire Solutions

Image by jcomp on Freepik From urban construction sites and remote mining operations to coastal maritime facilities, specialised equipment solutio...

Navigating the System: Your Guide to Support Finding Work with a Disability Around Melbourne

Image by freepik Finding the right job can be a challenge for anyone, but it can feel particularly daunting when you're also navigating life with a ...