Legalise or Decriminalise?

Words by Sally Ward | She/Her

Circa 2013 

My friend was on her way to a tinny house—the 17 year old first time buyer that she was—and asked me:

Do I need my ID?

No Lucy, you do not.

A huge 80% of New Zealanders will have tried cannabis by the time they are 21. The fact that it is ‘illegal’ doesn’t stop people’s infatuation with illicit substances. In fact, illegality may make it appear cooler? And yes David, I’m talking about your children. In the handful of other jurisdictions that have legalised, there’s been essentially no spike in consumption—it’s as though people who want to use cannabis are already doing it.

The cannabis debate can be a hot house for moralistic views. Both the ‘yes’ and ‘no’ camps aren’t exempt from leaning into gut feelings on whether drug use is Right or Wrong. 

Look, 2020 has gone real sideways. You may not have had much time to sit down and do your research, which makes two of us. I had my own moral stance on the issue, but I was worried that it was based on my own echo chamber, not facts. On this quest for facts, I spoke to criminologist Dr Fiona Hutton about the referendum and subsequent bill.

Dr Hutton has spent over 20 years researching the issues related to legal and illegal drugs. She highlighted that the purpose of the bill is to regulate drug use, with the intent of reducing harm. After following the evidence for two decades, she hopes to see the referendum get over the line. The bill is, of course, not set in stone and there would be an opportunity for submissions on particular points later.

So my main question was: why should we legalise as opposed to decriminalise?

Quite succinctly, Dr Hutton stated that: “regulation works much better than decriminalisation.” We discussed a number of reasons. Underground markets thrive in decriminalisation frameworks because decriminalisation still allows the underground market to exist. Regulated markets include products that can be taxed, with money being put into treatment, rehabilitation and education­—as is the plan in New Zealand.

Legalisation means that the product can be regulated. My mate Lucy would need her ID and would need to be at least 20 years old to purchase cannabis. The elegant tin foil packaging would be replaced with clear labelling, stating how much THC + CBD was in the product. Certain mistakes that were made with alcohol and tobacco can be avoided. For example, the model would not allow the targeted advertising of cannabis products to young people, and would include health warnings. 

Legislation allows for education and awareness around the drug, whereas decriminalisation does not. Drug use isn’t an out of sight, out of mind situation. According to Dr Hutton, “the greatest myth about prohibition is that it stops people accessing and using drugs. It doesn’t.”  

The proposed Bill establishes a Regulation Authority. It would function to run education campaigns which aim to raise awareness of the harms associated with cannabis use and to promote help seeking and safer use. It would also aim to promote research that focused on evidence-based approaches and preventative measures, as well through evaluations of the legal markets if the referendum got a 'yes' majority. Legalisation shouldn’t be seen as an endorsement of drug use—it should be seen as a mechanism for reducing harm. 

It also means that drug use can be treated as a health issue. People are much less likely to seek help for something that is criminal or still considered illegal. Many struggle to disclose such information with their medical professionals because of this. Noting that labelling weed as ‘illegal’ has done very little to stop people using it, Dr Hutton pointed to ever-plenty evidence. Evidence that shows our current approach to cannabis is not working, because our young and vulnerable can still access the drug with ease.

Leaving Dr Hutton’s office, I had a lot to think about. I have kept up reading and reflecting on what’s at stake.

We must consider the stigma surrounding criminalisation. Stigma can be a lifelong burden that prevents people from reaching their potential or overcoming health issues. Especially for lower level crimes like possession. Why stigmatise some for doing something that most of us have already done ourselves? If my law degree has taught me anything, it’s that punitive approaches do not provide rehabilitation. Remembering that under the proposed model, failure to comply with licensing regulations would still be illegal. 

We also know that Māori and Pasifika are disproportionately represented in the justice system for drug related offences. Criminalisation of drug use is largely based on a punitive approach, aligning with the American-founded ‘war on drugs.’ The war on drugs has long been acknowledged as a racist vendetta. The reality that two young people will face different outcomes for the same crime based on the colour of their skin is not justice. It’s long past time to step up and do something about this, especially in the wake of Black Lives Matter protests in Auckland, Wellington, and Dunedin attended by thousands. These protests demanded reflection on injustice in our own country. 

Go and take a look at the proposed legislation, or the more palatable summary of the bill at referendums.govt.nz. It’s based on evidence and it’s about reducing harm. Recreational drug use can be harmful, even the most ardent ‘yes’ voters should remember this. It can also be fun, and given that most New Zealanders have tried it by the age of 21, people do think it's fun. Cannabis is the fourth most consumed drug in Aotearoa—coming in behind caffeine, alcohol, and tobacco. Alcohol and tobacco are regulated, so we must ask ourselves—why do we treat cannabis differently? Do we treat it differently based on morality and outdated stereotypes? What evidence are we relying on about the appropriateness of prohibition? 

In this current unregulated environment, we can’t keep checks on consumption. During my nearly 6 years at university I have seen a number of friends consume cannabis heavily. Most of them reached a stage where they kind of grew out of it, but some haven’t. We need to do more for those people who develop problems with cannabis (and other drugs), and many more who face hardship under the current model. Regulation and education would allow people to make better calls about relying on substances and ultimately use in healthier ways.

Legalising cannabis isn’t just like, ‘yeehaw let’s all get stoned on Victoria Street, I love gummies.’ It’s like: let’s protect vulnerable people and actively acknowledge the harm drug use causes.

Whatever your vibe is, remember to do your research and make an informed decision. This referendum is important because it puts the regulation of recreational drug use on the table. Chances like this don’t come round every election.  

Keep it fun, keep it fresh, and most of all vote. Once again for the people at the back: VOTE.