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

Affordable Furniture Movers Perth: How to Get the Best Value for Your Move

Relocating to a new home or office can often feel overwhelming, especially when you have valuable furniture and belongings to move. From organizing lo...

House Builders Melbourne: Expert Craftsmanship for Modern Living

Building a home is more than just a construction project — it’s about creating a space where families grow, memories are made, and lifestyles ev...

Seamless Business Relocations Made Easy with Office Movers in Gold Coast

Relocating an office is a complex process that requires careful planning, coordination, and execution. From moving delicate electronics to arranging f...

DIY Air Conditioning Risks & How to Avoid Costly Repairs

When the scorching Queensland heat kicks in, the urge to grab a screwdriver and tackle your air conditioner fix to yourself is totally understandable...

WooCommerce Website Designer: Building High-Performance Online Stores That Drive Sales

A WooCommerce website designer plays a crucial role in helping businesses create high-performing, visually appealing, and conversion-focused online...

The Importance of Dogging Courses in Australia: How to Get Your Dogman Ticket

In Australia’s construction, mining, and industrial sectors, safety and technical competence are essential for any worker handling heavy loads and l...

Beyond the Hype: Why Breitling Speaks to the Modern Watch Collector

There’s a point every collector reaches when the chase for the latest release gives way to a deeper appreciation for quality. The thrill of new mode...

Elevate your Perth workspace: Sleek tech with managed IT Services

In today's fast-paced business environment, having a reliable and efficient IT infrastructure is no longer a luxury, it's a necessity. For businesse...

7 Ways a Luxury Australian Cruise Transforms Your Travel Expectations

Dreaming of your next holiday? Forget the crowded tourist traps and consider something truly special: a luxury australian cruise. More than just a ...

How Polycarbonate Became the Backbone of Modern Australian Design

The design landscape in Australia has been audacious, innovative and climate-conscious at all times. Design in this area is all about striking a balan...

Affordable Invisalign in Bangkok Why Australians Are Choosing Thailand

More Australians are investing in Invisalign to straighten their teeth, but the treatment in Australia can cost thousands of dollars and often takes m...

Designing a Tranquil Oasis in Your Backyard

Nothing beats a warm summer evening spent in a gorgeous backyard. The backyard is the perfect space to unwind and spend some of the most magical momen...

How a Well-Designed Gym Can Improve Your Performance

Have you ever entered a gym that just feels off and couldn’t focus on your workout? Maybe it’s the layout that was weird, or the lack of natural l...

Wellness Checkups at Work: Key to Employee Happiness and Higher Output

Employee wellness programs are reshaping how companies think about productivity and satisfaction. When people feel healthy, they perform better, sta...

Experience the Elegance of Plantation Shutter Blinds: Enhance Your Décor Today

When it comes to elevating your home’s interior, few window treatments combine sophistication and practicality as effortlessly as plantation shutter...

Common Questions Women Are Afraid to Ask Their Gynaecologist (and Honest Answers)

Visiting your gynaecologist isn’t always easy. Even though reproductive and sexual health are essential parts of overall wellbeing, many women fee...

Designing Homes for Coastal Climates – How to Handle Salt, Humidity, and Strong Winds in Building Materials

Living by the ocean is a dream for many Australians, offering breathtaking views, refreshing sea breezes, and a relaxed lifestyle that’s hard to b...

This OT Week, Australia’s occupational therapists are done staying quiet

Occupational Therapy Week is typically a time to celebrate the difference occupational therapists make in people’s lives. But this year, many sa...