Proposed Cannabis Legislation & Control Bill The question of whether to legalise the sale, use, possession and production of Cannabis Daryle Deering RN PhD
Current status? A prohibitive law • can’t use, grow or sell cannabis • Unlike, for example, tobacco and alcohol, the government can’t control or regulate it, collect taxes for prevention, education and treatment as there is no legal framework.
What is the purpose of the proposed Bill ? • To reduce cannabis related harm – to individuals, families and whanau and communities • To put it in a legal framework – sets out a way for the Government to control and regulate cannabis – covers how people can produce, supply, or consume cannabis
Referendum - (non-binding) Do you support the proposed Cannabis Legalisation and Control Bill? • Yes I support the proposed Cannabis Legislation and control Bill. • No I do not support the proposed Cannabis Legislation and control Bill.
What is not included? • Synthetic cannabis, Medicinal cannabis, hemp, driving while impaired, or workplace safety issues. • Medicinal cannabis is already legal under the Medicinal Cannabis Scheme.
What is recreational cannabis? • a drug many people use to alter their mental state • three forms – dried plant, edibles, concentrate • edibles and concentrate - oil, resin can have higher Tetrahydrocannabinol (THC) • THC (most of psychological effects - is one of at least 113 identified cannabinoids in cannabis) • Some clinical studies suggest cannabidiol (CBD) acts as a balancing agent to regulate the strength of the psychoactive agent THC.
What it feels like pleasant : relaxed, euphoria, giggly less pain, • hungry (munchies), heightened senses unpleasant : bloodshot eyes, nausea, anxiety, • paranoia, slower responses, reduces ability to concentrate, learn and remember things, anxiety
Cannabis use in NZ • most widely used illegal drug in NZ, 3 rd recreational drug after alcohol, tobacco • two of the best cohort studies in the world, in Christchurch and in Dunedin – 80% used cannabis at least once by 25 • nearly 90% report no dependence issues • no recorded deaths from cannabis toxicity
Harm Lower harm index than regular use of alcohol, tobacco The majority of people use cannabis without serious harm but a proportion experience adverse effects. – A lot of harm is related to potency (like alcohol) and delivery form. – Legalisation contexts provide the opportunity to investigate negative health and social outcomes.
Health related harm Increased risk for some - link between early age exposure (under 18 years) to cannabis and later psychotic symptoms/psychosis but many who use from an early age do not go on to develop psychotic symptoms/schizophrenia. • contrary evidence for association with depression • smoking anything – respiratory issues • dependence • lower birthweight babies (like tobacco) – associated with psycho-social adversity later • Black market – no quality control – could be weak, strong, mixed with synthetic products that do harm
Social harm Current policies overwhelmingly fail to prevent widespread cannabis use, including by young people. – youth (17-25) more than 1/2 convictions fit into this age range – young Maori males – particularly vulnerable to fines & convictions (57% in prison for drug offences 2018 – Maori) It is not just about being ‘locked up’ but a harmful process is set in ‘train’; exclusion from school, mixing with a disadvantaged peer group, dropping out of school early, increased risks of other illicit drug use, welfare dependence and motor vehicle accidents ie loss of ‘life options’.
Social harm • convictions – includes fines, implications for employment, keeping employment, housing, travel • In 2018, 59% of people charged with cannabis offences had possession and/or use as their most serious offence (2,325 people) • some communities are more targeted by police • stigma – seeking help, confidence in seeking help when punitive responses more a part of every day life • harms of an Illegal trade – high level of profit to be made by ‘disorganised crime’ • puts particularly youth & women at risk: accessing, purchasing and forms of control (violence), immersion into distribution network – eg selling
Prohibition & Decriminalisation Prohibition – doesn’t work i.e. most NZs will try cannabis (estimated 590,000 2019) despite being illegal for over 50 years, some regularly • those convicted don’t necessarily reduce use – continue, many increase • ‘War on drugs’ – war on people and communities Decriminalisation - cannabis remains illegal – so a legal framework is not possible • Misuse of Drugs Amendment Act 2019 – in practice decriminalisation and a health approach. • Looks like fewer prosecutions but ethnic disparities in prosecutions likely to persist (or worsen) if the total number of prosecutions declines. Maori more likely to be arrested for cannabis - unequal policing.
Decriminalisation The potential to reduce the burden on police and the criminal justice system. It also removes the negative consequences (including stigma) associated with criminal convictions for drug use and possession. BUT • It doesn’t address the illicit markets and criminal networks of drug selling. • Many of the benefits of an increasingly regulated market can only come about if the whole supply chain is above board. That also applies for collection of government revenue – the government can only collect tax on cannabis sales if they are legal.
If legalise – can harm associated with cannabis use be reduced? Particularly to vulnerable groups and communities • from ‘ just don’t do It’ (no legal framework) – to much more law (control and regulation) • can draw on experiences with alcohol and tobacco • Cannabis Regulatory Authority & Cannabis Advisory Committee established Key issue - how it is controlled and regulated • out of the black market – quality control • regulate amount of THC in plants and ensure consistency in manufacturing process • separate the growing/production from selling
Overseas experience US – North American model - regulated commercial model Uruguay - 2013 legalised the entire supply chain of cannabis – Uruguayan citizens over the age of eighteen who register with the Government can access cannabis. Canada – 2018 legalised cannabis for personal use - licensed retail & premises model – those over the age of eighteen can possess up to 30 grams of dried cannabis on their person, households are allowed to grow up to four cannabis plants – the structure of the legal cannabis market varies across provinces/territories – too early to draw conclusions from Canada’s very recent experience with legalisation but some evidence that daily use rates have not changed
The Helen Clark Foundation Our answer is that we should move to a health-based approach with robust regulation, effective public health education, and adequate service provision. Our key criteria for any policy are: what will best improve health and equity while reducing harm? Errington, Smith & Lala (2019)
What the proposed Bill covers reducing harm from cannabis use • controlling access to cannabis • rules for growing and consuming cannabis • licensing requirements • rules for premises where cannabis is sold or consumed • cannabis products that would be legal • cannabis taxes, levies and fees. •
How will it reduce harm? providing access to legal cannabis meeting quality and potency • requirements eliminating the illegal supply of cannabis • raising awareness of the health risks associated with cannabis use • restricting young people's access to cannabis • limiting the public visibility of cannabis • requiring health warnings on packaging and at the time of purchase • improving early access to health and social services • making sure the response to any breach of the law is fair, encourages • compliance and reduces overall harm.
A person aged 20 or over Would be able to: buy cannabis, but only from businesses with a licence to sell cannabis • enter licensed premises where cannabis is sold or consumed • consume cannabis at a home or at stand-alone cannabis -only premises • grow 2 plants for own use, 4 plants per household • purchase up to 14 grams of dried cannabis (or its equivalent) per day • share up to 14 grams of dried cannabis (or its equivalent) with another • person aged 20 or over
Other key actions • A cap on production – limit amount for sale, a limit on 20% of the cap for any licenced holder Three guiding principles the Authority would apply – represents or partners with communities disproportionally harmed by cannabis – generates social benefit and builds community partnerships – promotes employment opportunities and career pathways
Retailers • products will be controlled for potency and portion size • product labelling – amount of THC, the amount of CBD – non psychoactive compound, how product compares to daily purchase limit • retailers couldn’t sell cannabis or products at reduced price or give away for free • advertising and promotion would be banned • packaging – discourage consumption – plain packaging, health warnings, could not be targeted to children and young people
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