Our drug laws have been driven in the past by politics rather than evidence. As a result they are inconsistent, ineffective and largely unintelligible.

To get on top of what is a very real problem of drug abuse, especially bingeing, we need to develop a more rational framework. We need drug laws that are consistent, integrated and evidence based.

One of the biggest obstacles is politicians, who are largely uninformed. We need to take some of the politics out of the debate and allow the experts more say.

The goal is to reduce the harm to society and individuals from drug abuse and reduce the size of the illegal drugs trade. Furthermore, we need to educate the public about the dangers of all drugs so they can make more informed decisions.

There is no doubt that all drugs can cause harm if abused. However, the major problem drug is alcohol. It's “legal” status often blinds us to that fact.

Our current laws are not based on an analysis of harm. We havedifferent laws for alcohol, tobacco, illegal drugs and other drugs. To properly control the abuse of all drugs, including alcohol and tobacco, we need an integrated approach that includes them all.

We also have new drugs becoming available. Legal stimulants such as BZP (so-called 'legal highs'), are largely unregulated, although to its credit the industry has voluntarily made them R18).

The Expert Advisory Committee on Drugs has said that there is not enough evidence of harm to suggest 'legal highs' should be banned. The Misuse of Drugs Act currently allows no other form of regulation so the R18 cannot be made legally enforceable.

Following a Green Party call for a schedule 'D' the Government has discussed adding a new schedule to the Misuse of Drugs Act, but this does not go far enough. The Green Party is calling for a full public review of drug legislation in order to develop a consistent, integrated and evidence based approach.

This is not about the decriminalisation of cannabis. It is well known that the Greens want adult possession and use of cannabis to not be a criminal offence, and according to polls most people agree with us. But cannabis is one small part of the picture. Regardless of where we put cannabis, how can we get the framework right? What does a consistent, integrated and evidence based policy look like?

It has to be able to regulate all drugs. Some, such as methamphetamine, would remain illegal to possess and sell, while others (eg alcohol) would be R18. The message must be that all drugs can cause harm, and we discourage the use of all of them, but we regulate them differently to minimise the harms associated with them.

It must also integrate drug education and treatment into the framework. Current law only deals with criminal sanction and is silent on treatment. As a result some people get a slap on the hand when caught, others get locked up. Some young people get detention for smoking tobacco or drinking alcohol at school, while others get expelled for cannabis.

To bring all this together, the Greens propose a “Controlled Drugs” act that puts all psychoactive (mind-altering) drugs in one law.

Illicit use of drugs, such as under-age use, would be dealt with primarily through the health services. The first response should be to provide realistic information about the risks of using different drugs. Such information can be effectively targeted to the audience. Along with information would come an assessment and, if there is evidence of drug dependency, treatment.

This would be done through an expanded and properly regulated police diversion scheme, and through court orders. It avoids criminalising people while making treatment enforceable.

Our proposed new schedules are simple. “A” class drugs would remain highly restricted and illegal to possess or sell. The only exceptions would be for therapeutic or research purposes, as with illegal drugs now. Methamphetamine and morphine would be obvious examples.

“B” class drugs would also only be permitted for sale for therapeutic use, but with less stringent conditions than for A class drugs. Personal possession by adults would be legal.

C class drugs would be allowed for sale and possession for general use. Different categories would allow R18 sales from licensed premises, R18 sales from unlicensed premises and some things, such as caffeinated drinks, would have no age restriction.

The Greens believe that advertising for all drugs should be much more restricted than at present and all drugs should carry health warnings on containers if allowed for sale.

We also believe that it should be the experts rather than the politicians who make the decisions. The current Expert Advisory Committee on Drugs need to have their criteria expanded, so that their major focus is how best to minimise harm associated with any particular drug. Amazingly this is not part of their brief at present.

All drugs can cause harm if abused. We need a framework that recognises this and can include all drugs. And New Zealand needs legislation that is consistent, integrated and evidence based.


Do you agree with our proposal for reviewing the drug laws?

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