The Conservatory - 02
Approximately 46 percent of New Zealanders have used cannabis in their lifetime. The fact that a lot of people break the law does not always mean the law is wrong. But, if almost half the population ignores a law, it does suggest that it may not have sufficient support from the population. The law should sometimes follow the moral norms of society, rather than attempt to shape what morals should be. The latter approach is sometimes referred to as social engineering.
While their relative costs are debatable, it is clear that alcohol, tobacco, and cannabis all cause social harm. The Law Commission considers that regulation to prevent harm to the user is only necessary in limited circumstances; this includes protecting the young, in much the same way as our alcohol laws operate. Outside of protecting those who do not have fully-developed mental faculties, regulation should not limit the choice of a person to use a drug, whether it is alcohol or cannabis.
Fully-informed choice is currently considered appropriate for a number of drugs, all of varying addictive qualities and potential to harm the user. The current law does not work as a harm minimisation tool, but to penalise those who use drugs.
Strict enforcement of production and supply of drugs is desirable. Those who cultivate, make, or sell harmful substances should be penalised. The personal use of these substances is not a matter of public concern. Any damage to society should be dealt with through punishing antisocial behaviour and limiting financial support for consequential health issues.
Rehabilitating those with a harmful addiction may be more effective at mitigating personal and social harm than making use an offence.
The harmful effects of many drugs are self-evident. However, use of drugs to the detriment of the user is not something the state should penalise. Providing rehabilitation opportunities, while punishing the suppliers of drugs, may actually work to lower drug dependence in New Zealand. Making drug use an offence is not working, so it is time to take a new approach.