Drug law reform in Aotearoa: The case for decriminalisation of all substances

Abstract

Rates of illicit substance use (ISU) in New Zealand are currently amongst the highest in the world, and ISU generates a national disease burden of 9,700 disability-adjusted life years per annum. I propose decriminalisation of personal possession and use of all substances as an appropriate policy change for reducing harm. This is a position supported by the New Zealand Drug Foundation, the Drug Policy Alliance, and the World Health Organisation. My suggested legislative changes involve repealing and replacing the Misuse of Drugs Act 1975, in particular Section 7 (which criminalises personal possession and use of illicit substances) and Section 13 (which criminalises possession of utensils associated with ISU). I additionally support the cautioning and brief intervention referral scheme recommended by the Law Commission in 2011, as part of an overall move towards treating ISU as a health issue rather than a criminal justice issue. Evidence shows that criminalisation of personal possession and use of substances is ineffective at reducing substance use, as it does not have a significant effect on substance supply or demand. Furthermore, criminalisation causes health harms to already vulnerable populations, as it leads to social exclusion, and it creates stigma which deters substance users from help-seeking. Decriminalisation also allows for resources to be diverted from criminal justice to healthcare, which may be more effective at reducing harm. Criminalisation also exacerbates existing inequities, particularly with respect to Māori, through uneven law enforcement. Decriminalisation of personal possession and use of substances is an effective and evidence-based harm reduction intervention.