Mattersof Substance. May 2016 Volume 27 Issue No.2 www.drugfoundation.org.nz

Where are we at with alcohol reform? Liquor laws passed in 2012 were heralded with the claim that the new Act would reduce problematic consumption of alcohol without impinging on responsible drinkers. What has happened in the real world? Contents

Where are we FEATURE: WORLD HOPES NEWS DASHED AND FEATURE: RAISED IN THE at with alcohol NYC SNOWBALL AND THE reform? 04 AVANLANCHE COVER: Revised alcohol 14 laws passed in 2012 were 26 expected to shift Kiwi DRUG HISTORY drinking. What’s the early IN NEW word on the street? COVER ZEALAND STORY

NZ 32 NEWS 06 02

FEATURES Become 14 22 26 32 a member Hopes dashed and To test or not to test The snowball and DRUG HISTORY raised in NYC Drug testing in schools the avalanche James K Baxter: The New Zealand Drug Foundation has After a big build-up, is rejected by some, The pace of change poetry and political been at the heart of major alcohol and the UN’s global drug embraced by others. for access to medical influence other drug policy debates for over 20 years. talks took place in April, What is the score? cannabis in Australia is A new series looking into During that time, we have demonstrated with mixed results about to change gear drugs in the past a strong commitment to advocating policies and practices based on the best evidence available.

You can help us. A key strength of the Drug Foundation lies in its diverse membership REGULARS base. As a member of the Drug Foundation, you will receive information about major The Director’s Cut 01 alcohol and other drug policy challenges. You can also get involved in our work to 34 38 40 Events 01 find solutions to those challenges. GUEST EDITORIAL OPINION Q&A News 02 Our membership includes health promoters, Substance Addiction Telling it like it is Dr Richard Di Natale primary health and community organisations, Bill briefing Our Chair Tuari Potiki’s The Australian Green Viewpoints 36 researchers, students, schools and boards Vanessa Caldwell explains address to the UN Party leader on why he is Mythbusters 41 of trustees, policy makers, and addiction what’s in the new Bill fostering debate on drug treatment agencies and workers. policy across the Tasman Membership and subscription enquiries [email protected] or visit our website.

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matters of substance is published matters of substance invites Brand development/ NZ Drug Foundation by the New Zealand Drug feedback and contributions. graphic design 4th Floor, 265 Wakefield Street Foundation. All rights reserved. If you’re interested in Insight +64 4 801 6644 PO Box 3082, Wellington, Neither this publication nor any contributing a guest editorial [email protected] New Zealand part of it may be reproduced or article, please contact us: www.designedbyinsight.com p +64 4 801 6303 matters of substance without prior permission of the [email protected] May 2016 Drug Foundation. p +64 4 801 6303 Vol 27 No. 2 ISSN 1177-200X

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@RPE_NZ RPE is excited to announce today that BODYSAFE has a new look, new website and new resources! #DidWeSayNEW?! #SexEd bodysafe.nz ... 20 MAY

@TheStoryNZ “I think it’ll be slow, really incremental.” @DuncanGarnerNZ on changes in drug policies. #storynz ... 18 MAY

@RespectTheGinz Colorado’s inexcusable failure: #Marijuana Arrests Down In #Colorado For White Teens, Up For Black And Latino Teens ... 11 MAY

@AustDrug With another 2 festival overdoses, it’s am calling bullshit on the current hysteria about meth-contaminated time again to look at ways - such as pill testing - houses. It’s an overcooked issue resulting to reduce the harm ... 2 MAY in punishment for people already in precarious social circumstances. @CarmonaChelsea Hey @CNN in response to Let’s quickly clear something up. @60Minutes “Heroin in the Heartland” I have a I’m talking about so-called contamination show to pitch: “Scare White People Into Passing I from meth use, not from manufacture. That’s a different issue involving volatile Terrible Policy” ... 28 APR ROSS BELL and toxic substances nobody should Executive Director be around. @laramcpherson Empathetic perspective shifting But what are the exposure risks in a address by Mr Tuari Potiki of @nzdrug at home where meth has just been smoked? #UNGASS16 Indigenous peoples + drugs. ... 22 APR Our good friend and National Poisons Centre toxicologist Dr Leo Schep says the risks are actually minimal – similar for people @IDPCnet Perspectives of indigenous & First who live in a house that had previous dwellers who smoked Nation people should be included in drug policy. cigarettes or cannabis. The fear around real risks from meth labs has exploded onto Wage a war on #poverty not on #drugs meth use, and testing companies are exploiting this to scare up #UNGASS2016 @nzdrug ... 22 APR business. Housing New Zealand (HNZ) has jumped on this bandwagon, happily wasting taxpayer dollars. @iammerrilegs Can we start a chant? I’m less fussed about the money (testing and remediation #evidencebasedpolicy evidence! Evidence! represents about 5 percent of the total HNZ maintenance budget), #drugs #healthandsafety ... 21 APR but I’m seriously concerned about the social impacts of evicting a family based on unreliable testing and overstated risk assessments. Recently, for example, a mother and her eight children were KEY EVENTS & DATES evicted from their HNZ home after a positive meth test. Their emergency accommodation was costing her $1200 per week on top Gassing about UNGASS: Where to for Aotearoa following of her existing $60,000 debt to Work and Income. I’m not condoning the UNGASS on the world drug problem? her meth use, nor will I judge her, but there is nothing right about Workshops – Auckland (23 June) Wellington (24 June) 23–24 JUN this picture. Punishing the most vulnerable seems to be a new nzdrug.org/1Xqzyxu national sport. You would think that, when it comes to vulnerable families, HNZ would employ some procedural rigour before terminating Cutting Edge, Rotorua cuttingedge.org.nz

a tenancy. You’d be wrong. There are no formal meth testing 7–10 SEP standards and any cowboy’s shonky ‘evidence’ can be used to evict tenants, leave them with massive cleaning bills or even demolish their houses. National Indigenous Drug & Alcohol Conference, HNZ’s heartless response compares poorly with the Government’s Adelaide, Australia nidaconference.com.au National Drug Policy which calls instead for compassion. In the 11–14 OCT case above, couldn’t HNZ have provided a health intervention for the mum’s meth use and kept her with her family in stable accommodation? God only knows the impact that eviction will APSAD Scientific Alcohol and Drug Conference, Sydney apsadconference.com.au have on those children.

Don’t think this is going to get better any time soon. Standards 20 OCT – 2 NOV New Zealand has been funded to develop new rules around testing and remediation of meth-contaminated properties. Half the 11th National Harm Reduction Conference, San Diego committee members convened for this purpose are commercially harmreduction.org/conference 3–6 NOV involved in testing and clean-ups – the same people riding this meth scaremongering wave. Much is at stake here, so we need more independent voices Follow us to inform this issue. And Housing New Zealand and other social Join us online service providers need to show more heart when working with drugfoundation.org.nz/connect tenants who use drugs. www.drugfoundation.org.nz 01 News NZ. 02 Test for risky 01 cannabis use 03 Drug driving is 04 Booze signage goes online adult viewing not OK

A NEW online test for DRIVING INSTRUCTOR A DECISION to limit cannabis problems is Fred Bardon jumped alcohol advertising by now freely available on behind the wheel of a the Prebbleton Tavern the Massey University PassRite Driving Academy and liquor store is being website. car with stoned drivers appealed by the pub’s As part of her doctoral to prove a point: driving owners. research, Dr Jan Bashford while stoned is risky. The Selwyn District from Nelson developed Fred, who took drivers Licensing Committee the Cannabis Use for a loop of a race circuit, refused to allow the tavern Problems Identification appeared in the Driving to put up signage with Test (CUPIT). This can High documentary details of products and help cannabis users figure alongside Police, prices. The tavern is out whether their current researchers and public permitted to use the level of cannabis use is servants. store’s branding as well risky or even indicates The Drug Foundation- as generic signage such Bold policy talk dependence. commissioned as “beer and wine”. As well as being available documentary was In what is seen as a test Addressing the UN drug talks in in Aotearoa New Zealand, broadcast by Prime TV case, the licence holders New York, bowtie-wearing Associate the test has been translated at 9.30pm on Wednesday claim the decision is 5 May. Health Minister Hon Peter Dunne into several languages for unfair, particularly worldwide use. Funding from the Land compared with advertising suggested a new pillar for New Zealand Transport Safety Trust/ permitted at supermarkets RESOURCES drug policy: boldness. NZTA made the and other liquor outlets. Resource: massey.ac.nz/cupit documentary possible. A hearing date by the New Zealand was among a handful of countries calling It was great to work with Alcohol Regulatory and for responsible regulation of drugs. producer Damian Christie Licensing Authority has “The key word here is responsible – we must not and presenter Matt Heath yet to be notified. conflate boldness with recklessness – changes in policy to put the orange Valiant’s must ensure that the likelihood of harm is minimised,” rubber on the road. he said. After his return to Aotearoa, Dunne wrote that the drug policy work under way is “... likely to lead to a full review of our 1975 Misuse of Drugs Act”. 05 Corrections keeps grappling with AOD Existing policy being reviewed incudes our guidelines for considering applications from people wanting to use treatment in prison. the Cycle: Our Drug cannabis for medical purposes. This includes in-person and Alcohol Strategy. mentoring and a remote In a statement made after review findings were released The strategy was released support service, a Dunne said feedback was unanimously supportive that in April and covers community-based the guidelines and process are sound. On advice, the activities through maintenance programme guideline recommending that a patient be hospitalised to 2020. and additional residential when treatment with a non-pharmaceutical grade treatment. Alongside a focus on cannabis-based product is initiated has been removed. AN AFTERCARE programme is being These are just some of effective treatment, the trialled to provide lasting the initiatives in the strategy also addresses RESOURCES responses to prisoners Department of Corrections ways to reduce supply Resource: nzdrug.org/nz-ngo-ungass who have completed recently released Breaking and demand.

02 matters of substance May 16 08 25B-NBOMe, 25-C NBOMe, 07 Discharge for 25I-NBOMe: 06 pot possession banned $1.8B CLASS THE COMBINED costs of drug harm to individuals and communities along with government B1 interventions has been A NELSON District Court THE EXPERT Advisory calculated at $1.8 billion judge has discharged cases Committee on Drug’s annually in New Zealand. against a woman living in recommendation that This headline-grabbing Nelson for possession of the NBOMe family of figure is the culmination cannabis products that drugs be reclassified was of calculations for the were legally prescribed accepted by Associated New Zealand Drug Harm in the USA. Health Minister Peter Index 2016. It is expected Rebecca Reider was Dunne. The drugs will the index will lead to accused of possessing be scheduled as class B1 adoption of the most cannabis oil and other under the Misuse of Drugs effective drug policy products. This included Act (1975). The executive options. 02 07 01 03 05 chocolate-based medicine council and Parliament must endorse this RESOURCES Reider posted to herself 06 08 09 from California. The reclassification before Resource: nzdrug.org/1T07GAH medicine is used to it comes into effect. The alleviate undiagnosed last change to controlled debilitating pain. The drugs was the addition of relevant clause in the Tapentadol in 2012. Misuse of Drugs Act 04 allows for possession of up to one month’s supply of a controlled drug prescribed overseas. In a written statement, Reider said that, while the ruling was a significant win for the right to medical cannabis, she still felt like she had lost.

09 Listen to the doctors

NEW ZEALAND doctors to review the prohibition Psychiatrist with Capital evidence to regulate and nurses are among the of cannabis appears & Coast District Health cannabis as a prescription mostly highly trusted appropriate”. Board, reach this medicine. professions, and we’re Giles Newton-Howes, conclusion because of “This is a public debate probably wise to listen a lecturer in the this country’s high rates the medical profession when they speak about Psychological Medicine of cannabis use, the social needs to be actively drug laws. In the April Department at the harms of a prohibitionist engaged in, bearing in 2016 issue of the New University of Otago, legislative approach and mind the role of medicine Zealand Medical Journal, Wellington, and Sam an acknowledgement there in the public arena,” the editors say “the time McBride, an Addictions is far from enough they say.

www.drugfoundation.org.nz 03

NNeEWwSs

World. 02 05 06 09

02 Research shows 01 link between cannabis and alcohol

Five die at Argentinian music festival A COLUMBIA University study has found that adults who use cannabis Five people died and another five were are five times more likely left in critical condition after suspected to develop an alcohol use drug overdoses at an electronic music disorder than adults who 01 do not use the drug. In festival in the Argentinian capital of addition, adults who Buenos Aires. The party-goers were already have an alcohol mostly aged between 21 and 25. use disorder and use cannabis are more likely The music festival, Time Warp, began in Germany to see the problem persist. 05 FDA extends tobacco in 1994 and was in its third year in Argentina. While the study showed Its organisers cancelled the second night of the a correlation between regulations to show in response to the tragedy. the two substance use e-cigarettes The week following the deaths, a judge ordered all disorders, it was too early Buenos Aires nightclubs to close. Municipal judge to tell whether causation Roberto Andres Gallardo’s ruling called for an end is involved. to “all commercial activity involving dancing with live or recorded music”.

03 Samoa gets drugs and alcohol court 04 Australian politicians hold drug hui AMERICA’S FOOD and Drug Administration PROPORTION OF OFFENDERS IN Sapolu, speaking at the drug policy, emerging has announced that FRONT OF THE SUPREME COURT WHO WERE UNDER THE INFLUENCE launch, said that, in 2012, challenges and issues, e-cigarettes and other AT TIME OF OFFENDING 43 percent of offenders Australia’s current tobacco products such in front of the Supreme approach to drugs and as cigars and hookahs Court were under the what could be considered will be regulated in the 72% same way traditional influence at the time of for future drug policies. Experts from around the cigarettes currently are. 51% their offending. This 43% increased to 51 percent in THE AUSTRALIAN world participated in The new regulations capital of Canberra the panel discussions, 2013 and to an “alarming” would ban sales to minors, played host to an official including our very own require warning labels, 72 percent in 2014. Parliamentary Drug Associate Health Minister ban the distribution of The court will be headed Summit in March. The Peter Dunne. free samples and require 2012 2013 2014 by the first locally summit was co-convened While some attending makers of e-cigarettes appointed female by a cross-party group that have hit the market THE ISLAND nation of called for change, Supreme Court judge, made up of Richard Di Senator Di Natale was since 2007 to go through Samoa has launched Justice Mata Tuatagaloa. Natale (Greens Senator), more cautious, saying, a government approval an Alcohol and Drugs New Zealand judge Ema Sharman Stone (Liberal “My goal is to begin a process. Court to help curb the Aitken worked with local National Party MP) and national debate about This decision comes social harms from alcohol judiciary members and Melissa Parke (Labor MP). the best responses to despite lack of long-term and drug-related crimes. the church to establish The summit explored what is a very difficult studies having been Chief Justice Patu Falefatu the new court. components of good problem.” undertaken.

04 matters of substance May 16

08

03

04 07 Victoria 07 06 Students to provide 08 Would you for Sensible medical like beers Drug Policy cannabis with that?

ON 15 APRIL, more than THE AUSTRALIAN state of BURGER KING has 550 students and young Victoria has become become the first fast-food people from 17 countries the first state to legalise chain to be granted gathered across the river medical cannabis. permission to sell alcohol from Washington DC in Patients in “exceptional in the UK. Its outlet in Arlington, Virginia, for circumstances” will soon Suffolk had its application 09 Obama’s ambitious billion dollar plan the annual Students for be able to access cannabis for a liquor licence Sensible Drug Policy medicines after a Bill was approved despite strong drug monitoring, (SSDP) conference. passed into law. Police opposition. prescription drug SSDP is an international The law will facilitate In the face of concerns take-back events, grassroots organisation manufacture, supply about putting children medication-assisted working to end drug and access, with an at risk, the Suffolk treatment and the prohibition and bring Office of Medicinal authorities placed $1.1B overdose reversal drug about laws that respect Cannabis to be created restrictions on sales, naloxone”. human rights and focus to oversee the drug’s including only one beer US PRESIDENT Barack In a speech to a national on reducing harm. production and served per adult and no Obama has proposed summit on the issue of NZ Drug Foundation prescription by doctors. alcohol sales after 9pm. $1.1 billion in funding drug use, Obama signalled to address the nation’s Communications Adviser Children with severe Burger King’s parent a shift away from prescription opioid abuse Cameron Price attended epilepsy will be the company CPL Foods is prohibitionist War on and heroin use ‘epidemic’. as a representative of first to benefit in 2017, also seeking permission Drugs rhetoric, saying, Victoria University the government said. to sell alcohol at other The President said the “The most important thing Students for Sensible The state will supply branches around the funding would go to to do is reduce demand. Drug Policy. He spoke the initial products, but country. Alcohol is “tools that are effective And the only way to do in a panel discussion it hopes to see a reliable already on the menu at in reducing drug use that is to provide about how to interact manufacturing industry a number of European and overdose, like treatment – to see it as a with the media to convey provide supply in fast-food outlets, evidence-based prevention public health problem and a positive reform message. the future. including McDonalds. programs, prescription not a criminal problem.”

www.drugfoundation.org.nz 05 Cover Story

Where are we at with alcohol reform? It’s been two-and-a-half years since the Sale and Supply of Alcohol 2012 Act was implemented in late 2013, so how are the changes bedding in? Are there signs of positive change to New Zealand’s worrying drinking culture, and what’s left to be done? Rob Zorn prepared this report. ROB ZORN

06 matters of substance May 16 Photo credit: The New Zealand Herald/newspix.co.nz.

www.drugfoundation.org.nz 07 Cover Story

Are New Zealanders heeding the no beersies message? HPA say they are.

There are still endless stories about alcohol-fuelled student carnage, drunk and abusive patients and their mates at hospital emergency departments, sexual and domestic violence and horrific drink-driving incidences.

We still have a culture of drinking to intoxication that we haven’t come anywhere near to nailing, so we’re not able to be complacent about any improvements that have been made.

REBECCA WILLIAMS

Photo credit: The New Zealand Herald/newspix.co.nz.

e could, perhaps, In 2008, the government asked the brightly coloured packaging. These were start with a short Law Commission to review all aspects premixed alcoholic drinks aimed not at history lesson – of the law concerning the sale and supply the discerning palate but at young males – though most of alcohol. By 2010, the Commission had and increasingly young females – whose readers will be produced three reports containing a palates seemed more preoccupied with pretty familiar with “mutually supportive” package of 153 preloading, getting prettily plastered at W how New Zealand recommendations to Parliament. home before heading out to hit the clubs. has gotten itself The government responded with the And competition for this young market into such a pickle and pickled state in Alcohol Reform Bill, which adopted (in full has been fierce between the booze barons. terms of how we drink. or in part) 126 of the recommendations, Often, a bottle of alcohol costs significantly We’ve been liberalising legislation and this Bill became the Sale and Supply less than a bottle of milk or water, and the around alcohol for a century or more, of Alcohol Act in 2012. average youngster on the minimum wage but the most significant cause of our Critics of the legislation were can earn enough money to get truly current woes is probably the Sale of outspoken, saying the government had trolleyed in much less than an hour. Liquor Act 1989. Designed to transform ignored or watered down the most Nevertheless, in a December 2013 New Zealand into a tourist mecca of good important recommendations (such as media release, Justice Minister Judith food, wine and beer, it more than doubled around age of purchase, advertising, Collins said the new law would provide the number of retail outlets selling alcohol price and availability). Some went so a strong platform to help drive change and allowed supermarkets to start selling far as to say the government had left the in New Zealand’s drinking culture. beer and wine and for licensed premises teeth out of the Act in deference to the “For the first time in more than two virtually to be open all hours. We Kiwis powerful alcohol industry. Others accused decades the Government is acting to took advantage of this as much as did it of cowardice – a fear that there’d be a restrict, rather than relax, our drinking the tourists. backlash of lost votes from ordinary laws. These changes strike a sensible Subsequent legislation lowered New Zealanders who just wanted to enjoy balance between curbing the harm alcohol the drinking age to 18 and allowed a drink and felt they shouldn’t be punished abuse can cause, without penalising alcohol advertising back onto television. for the actions of a drunken minority. responsible drinkers,” she said. Meanwhile, the industry has remained That the industry had been left largely We’re now two or three years down largely unregulated, and alcohol advertising untouched was one of the biggest sore the road from the implementation of the is everywhere we look. The result has been points. It seemed bizarre, for example, Act, and it’s a good time to ask, just how more than 700,000 New Zealanders over that, despite widespread acknowledgement far have we come? Was Ms Collins right 18 binge drinking and at least 120,000 that young people were among the most and has there been any change in our New Zealanders with a clinically diagnosed hazardous of drinkers, licensed shelves drinking culture? alcohol problem. Something has gone were sagging with the weight of a plethora Readers of the news might have some terribly wrong. of alcopops with raunchy names and doubts. There are still endless stories

08 matters of substance May 16 Prevalence of hazardous drinking in NZ (all ages)

Source: The Ministry of Health’s 2005/06 2010/11 2014/15 New Zealand Health Survey 18% 14.9% 17.7%

about alcohol-fuelled student carnage, “There was a decline in the prevalence Williams has an interesting theory drunk and abusive patients and their of hazardous drinking from the 2005/06 about why hazardous drinking rates mates at hospital emergency departments, survey [18 percent] to the 2010/11 survey may be declining for young people and sexual and domestic violence and horrific [14.9 percent], but in 2014/15, we’ve increasing for older people. drink-driving incidences. There remain at pretty much returned to 2006/07 levels “The 45–54-year-olds are the ones least 600 Kiwi kids born every year with at 17.7 percent. So if anything, the trend who were young when we liberalised our fetal alcohol spectrum disorder, and that’s is heading back up,” she says. alcohol laws and policies 20 or so years ago, being conservative. The number could be “Between 2006 and 2015, the so they’re the ones whose early drinking as high as 3,000. distribution of hazardous drinkers by experiences were formed in that more According to Statistics New Zealand age has changed a little, having gone liberal environment, and more of this age alcohol available for consumption was the down for the youngest group (aged 15–24) group have continued their heavy drinking lowest it has been for 18 years at the close but up significantly for those aged 45–54 throughout their lives,” she says. of 2015, but the facts that 8–9 litres of [up from 12 percent in 2006/07 to “But young people today have seen pure alcohol are available for consumption 18 percent in 2014/05]. And we mustn’t some pretty awful things in the media, per person per year and that New Zealand forget that it is still the 18–24-year-olds like violence and deaths among school adults drink on average at least two who have the highest rates of hazardous kids and that may have turned many of standard drinks a day each suggest our drinking and are also at greater risk of them off, and they’ve been able to say, society is still awash with the stuff. harm because of their age. ‘That’s not for me’.” But have there been any other “It’s still too early to know what is It’s a good theory, and it makes a lot promising signs besides the drop in happening, but there may be a bulge of of sense, except for the fact that it’s not alcohol available for consumption? Maybe. ageing heavy drinkers who are moving just happening in New Zealand. The Ministry of Health’s New Zealand through the system.” Simon Denny, a paediatrician who Health Survey 2014/15 indicates hazardous Alcohol Healthwatch Director Rebecca works clinically with teenagers in South drinking rates for those aged 18–24 years Williams says, even if there have been Auckland, has been part of the Adolescent are at 34 percent, a significant fall since promising falls in hazardous drinking Health Research Group (University of 2006/07 when they were at 43 percent. rates amongst young people, we mustn’t Auckland)’s Youth 2000 Survey since its That may seem like good news, but overlook the fact that all the rates remain inception in 2001. The survey looks at all unfortunately, it’s offset by accompanying alarmingly high. sorts of health matters relating to secondary data. Public health physician and “We still have a culture of drinking school students, and with about 10,000 epidemiologist Professor Jennie Connor to intoxication that we haven’t come youth respondents involved each time, from the Dunedin School of Medicine says anywhere near to nailing, so we’re not able Denny says its provides one of the best claims about how good the news is overall to be complacent about any improvements datasets we have available for young have been exaggerated. that have been made,” she says. people’s health in New Zealand.

www.drugfoundation.org.nz 09 Cover Story

The latest Youth 2000 Report (2012) alcohol and drug use in a more “Very few LAPs have come through shows remarkable drops in number comprehensive way. There’s more help the process with any real teeth, and the and frequency in terms of secondary and support there for people, including majority of them, especially those that students drinking in New Zealand. youth, who are concerned about their have any meaningful restrictions or In 2001, for example, roughly 17 percent drinking. So I think there is a range of controls, are still tied up in appeals, of respondents said they drank weekly, things in place that we can look positively mostly by the industry.” and around 40 percent admitted to having at, especially for the young.” The HPA is a Crown agency that, binge drunk in the last four weeks. In 2012, So is any of this attributable to the under legislation, exists to give advice to those figures had fallen to 8.3 percent and Sale and Supply of Alcohol Act? government and other agencies, including 22.6 percent respectively. Williams doesn’t think we can pin any advice around alcohol-related harm. Part But Denny says the interesting thing is of these particular improvements on the of its role is to work with Justice, Health, that this is actually a global phenomenon. new legislation, but she does think the ACC, medical officers of health, the alcohol “It doesn’t appear to be that we’re robust conversations that were happening industry, licensees, licensing inspectors, just doing something right here in around the Law Commission review were local governments and communities to New Zealand. Just about every OECD influential and that the global economic ensure implementation of the Act is country is seeing the same thing.” downturn would have had some impact. happening effectively and that everyone He says there’s been a lot of debate In other words, changes to thinking and understands their options and obligations about just why these global reductions attitudes were already starting to happen under the new legislation. are occurring, but no one really knows for before the Act. It also conducts research on alcohol sure. One contender could be the global use, attitudes and behaviours and identifies financial crisis – especially as there was areas of priority. It then develops strategies quite a tipping point around 2007 – but he Young people now are to address them. Managing alcohol in says that’s more of an adult indicator and spending much more time licensed premises and public areas was applies less to young people. one of those identified priorities. His favourite theory is that it arises on Facebook or Instagram, Edmondson agrees that the from greater use of the internet and social or they’re texting on their implementation of LAPs has been a real media because that’s something happening phones instead of going out challenge for everyone concerned but across all countries. especially for communities. “Young people now are spending much and binge drinking. But “This local level involvement was the more time on Facebook or Instagram, or they’re also more connected intent of the Act, and it’s been welcomed they’re texting on their phones instead of to information, so maybe by communities because we didn’t have going out and binge drinking. But they’re they know more about the as much of that before, but it’s not easy. also more connected to information, so Because of the issues with LAPs, the maybe they know more about the risks of risks of alcohol than the alcohol licence application process has alcohol than the previous generation did.” previous generation did. become the contested space. Will this trend continue? Denny thinks “So we’re looking at how we can it probably will for a little while before it support those committees towards plateaus off, but he doesn’t think it will consistency of practice while maintaining bounce back up again. “However, I think one area the Act has that local-level decision making. We’ve “The social landscape for young meaningfully impacted on is the maximum been working with Local Government people has really changed, and I think default trading hours, bringing trading New Zealand on guidance and training for that’s permanent. It’s a different world, back to 4am. That had immediate benefits people working in the committee process, and going out to socialise just isn’t the around things like violent assaults and including the community, licensees and norm any more like it was for us.” offending, according the Police. It was the regulatory agencies. Whether or not we’re just caught up in quite strong and a really concrete point “There are some process issues, such some global youth-focused zeitgeist, Acting that contributed to some real change.” as when a licence application has been General Manager of Policy, Research and She also agrees that the Act’s new lodged, how do people actually find out Advice at the Health Promotion Agency infringement notices have been useful. about that? (HPA) Cath Edmondson says we are These enable Police, for example, to deal “Then there’s the collaboration starting to do some things right and that swiftly with infringements at a liquor store between the regulatory agencies that the our own social media campaigns around or with a low-end drink-driving offence Act requires. That’s seen as a really good alcohol like ‘Say Yeah, Nah’ have with a fine and then move on. thing and is working in some areas, but definitely had an effect on young people “The ability to respond quickly was for others, it’s more difficult. It’s almost over 18. She points out that HPA’s ‘no something the sector really needed and like the positives are also the challenges.” more beersies’ phrase has even now found really enabling.” Williams says one of the biggest entered the New Zealand lexicon. On the other hand, Williams says problems with the Act is its wording “I think that’s really having an impact it’s much less clear whether other aspects and cumbersome processes that make on older youth and adults, but when it of the legislation are having any impact at it incredibly hard for statutory agencies comes to young people under 18, parents all. And she’s talking about things like to ensure it achieves its purposes or for are understanding more about how alcohol single areas for alcohol in supermarkets communities to engage with it. affects their child’s brain development. and especially councils’ local alcohol “There are so many loopholes. I think Schools are looking at how to deal with policies (LAPs). there’s been only one prosecution to cancel

10 matters of substance May 16 Sports and drinking are deeply linked, with rules being bent for an early start.

I don’t begrudge the soldiers their tot of rum on Anzac morning, but meanwhile, communities can’t get the restricted hours or other protections they want. Even some MPs have commented on how ridiculous it’s been...

REBECCA WILLIAMS

Photo credit: The New Zealand Herald/newspix.co.nz.

a licence based on a three-strikes process. or further alcohol law reform, Parliament is pretty robust, and New Zealand was The fact that we have had to wait three has been slow to move if it has moved at all. among the last states in the world to years to catch a poorly performing licensee For example, to further reduce cling to such a high limit. out three times before their licence can be alcohol-related harm, the government Some pubs and restaurants have cancelled demonstrates how poorly the established the Ministerial Forum on complained of a significant loss of business legislation protects communities.” Alcohol Advertising and Sponsorship in or that they’ve had to close down because She’s not alone in thinking the Act February 2014 to consider whether further people are now drinking less, but there cumbersome. In its 2014 Annual Report, restrictions on alcohol advertising and have also been some positive signs. the Alcohol Regulatory and Licensing sponsorship are needed. In February this year, Methven pub Authority (ARLA) called the Act “clumsily The Forum’s report was released back owner Trev den Baars told The Press that, worded”, “unnecessarily confusing” and in December 2014 and made 14 strong while alcohol takings had definitely “in places virtually unintelligible”. In its recommendations, including around dwindled at the two rural pubs he owned, 2015 Report, ARLA says, “Several issues banning alcohol sponsorship of sport, there had been renewed customer interest requiring amendment were identified in music and cultural events; reducing in food and in zero- or low-alcohol the Authority’s last Report (these are yet exposure of young people to alcohol alternatives. This, he indicated, was to be resolved).” advertising; and restricting the hours for providing revenue opportunities he was This is also a source of frustration alcohol advertising on broadcast media. prepared to adapt to in order to stay afloat. for Williams, who thinks some problems Absolutely nothing has been heard about “The customers are having to change, with the Act have been clearly identified, this report since, and one might wonder why. so we’re also having to change the way but Parliament seems to prefer to tinker —— we operate,” he said. around with non-essentials. The most recent alcohol reform in It could be the new drink-drive limits “What Parliament has managed to give New Zealand has been the reduction will encourage changing approaches by its attention to with the Act are things like from 0.08 to 0.05 in blood alcohol limits both customers and publicans to become freeing up trading around the Rugby World for drivers, which came into force in more widespread. When the focus of a Cup, responding to industry concerns about December 2014. It’s a change that doesn’t night out becomes more on food and where non- or low-alcohol products can be just affect drinkers. It also affects the socialising and less on the drinking itself, displayed in supermarkets and freeing up alcohol industry because it means perhaps we’ll start to see some culture trading for RSAs on Anzac Day. responsible people will drink less when changes and a corresponding reduction “I don’t begrudge the soldiers their tot they’re out and have to drive, and at first, in alcohol-related harm. of rum on Anzac morning, but meanwhile, some will drink very little until they get But den Baars also said that the communities can’t get the restricted hours more familiar with the law. “booze industry is really coming forward or other protections they want. Even some While Hospitality NZ has been critical with some great drinks instead of your MPs have commented on how ridiculous of government agencies for pushing a standard juices and soft drinks now”. it’s been to have been concentrating on ‘don’t drink at all when you’re driving’ This may also be a welcome sign that these sorts of things instead of a more message rather than one to ‘drink some within the industry are willing to strategic review to ensure the Act can responsibly’, there has been barely any change and work with a cultural move deliver on its intents and purposes.” vocal opposition to the new limits by the towards consuming less alcohol. It does seem that, when there’s industry. Nor should there have been. Tuatara Brewing on the Kapiti Coast anything meaty with regards to the Act The evidence the reduction will save lives near Wellington is a good example.

www.drugfoundation.org.nz 11 Cover Story

Local licensing committees can head in different directions, so being nationally consistent is a challenge.

But the government needs to consult with the agencies, councils and communities and ask them what they need. These are the groups who know what the difficulties are with the Act. These are the people on the coalface doing their darnedest to make this legislation work.

REBECCA WILLIAMS

Photo credit: The New Zealand Herald/newspix.co.nz.

“We’ve definitely noticed a shift in This is perhaps the change of emphasis These are the groups who know what attitudes in favour of more responsible that New Zealand’s drinking culture needs, the difficulties are with the Act. These drinking over the last year or two,” says and its pleasing to hear Shirtcliffe point are the people on the coalface doing their Tuatara Chief Executive Richard Shirtcliffe. out that there’s been an increase of sales in darnedest to make this legislation work.” “Bar owners and managers are telling low- to mid-alcohol beer in craft breweries Edmondson says we need to keep us there’s increasing demand for low- to across the board. doing what we know is working and to mid-strength beer. So ‘sessionability’ is “Even the mainstream breweries do more of it. still important for those wanting to be are doing it. Speights, Heineken and DB “Obviously, we need to make sure the responsible. People don’t want to just sit Export all have examples of this sort of legislation is operating as effectively as on one glass all night but nor do they wish product, indicating the consumer demand possible, but we need to keep working on to overconsume.” is really there.” behaviour change, and that’s not just about Tuatara, famous for its wide range of Of course, New Zealand’s problem legislation. We need to keep going with the quality craft beers, produced its Iti (te reo drinkers probably aren’t drinking much social marketing campaigns and education for ‘little’) variant two years ago – aimed Tuatara or many craft beers at all. But any programmes and make sure people have deliberately at this new trend. culture change towards quality over quantity got help and support when they need it. “We saw a need for a lower-alcohol is to be encouraged, and little silver-plated “And the industry has a part to play craft beer that was still full of body and bullets like this can only help. in increasing the production of low-alcohol flavour, and at 3.3 percent, we think we’ve —— products and being more proactive around achieved this with Iti. It took a few batches So what else can we do, especially in host responsibility and management before we got it right, but it’s since proved terms of the Act that was supposed to be practices at events and at licensed premises. to be quite a star.” such a platform for change? “We need to work across all of these, Indeed, Iti is now Tuatara’s sixth-biggest While some might want a return to the not just the legislation, to continue to seller. Last year, its sales grew 43 percent drawing board – throwing it out entirely impact on alcohol-related harm.” on the previous year, and Shirtcliffe says – most agree that’s not going to happen, At just two and a half years, it probably they’re continuing to climb. even with a change of government. is too early to see more concrete signs of Tuatara has also produced a small trial Williams believes it’s now time to change. After all, it has taken decades for batch of a low-alcohol beer (2.5 percent) organise a ‘three-year-in’ review of the us to get where we currently are in terms called Tu (te reo for ‘stand’). Shirtcliffe Act – not necessarily a full-blown public of our alcohol culture. The signs are both points out it’s very difficult to make a consultation, but a considered review to encouraging and discouraging, and only really good low-alcohol beer. They’re still look at what changes could be made to time will tell. experimenting so they can meet the market make the Act more effective and enabling. Hopefully we can achieve more than as demand for this sort of low-alcohol “I don’t think we need to start again. just waiting for that bulge of middle-aged alternative continues to grow. There’s too much potential in the Act, and problem drinkers to grow old and move on Meanwhile, Tuatara devotes much of its intent is still really strong. At its heart, and for the younger social media savvy its website towards explaining the flavours its principles do reflect the intent of the drinkers to further mature, prioritising and food matches of each of its beers, and Law Commission, and I think we can build good food, good company and just a few there’s a real emphasis on enjoying the on that,” she says. good drinks over quantity consumed. experience of the beer itself and none at all “But the government needs to on enjoying the experience of just having consult with the agencies, councils and Rob Zorn is a Wellington-based writer. lots of beer. communities and ask them what they need.

12 matters of substance May 16 THE WORD ON THE STREET PUBLIC OPINION

On a beautiful, sunny April afternoon Do you think pubs and restaurants in Wellington, Matters of Substance make it clear enough about how spoke to 42 random people, asking many standard drinks are in what what they knew about alcohol law they serve? reform and about their personal An overwhelming 37 respondents behaviours around alcohol. It was by answered no to this, and 27 of these said New Zealanders are no means a scientific study (neither they thought it would help them stay more inclined to double-blind nor controlled), but the under the limit if pubs and restaurants fight when they results were interesting all the same. did. That’s an interesting result that may drink. In Sweden, While all seemed aware of the new blood bear further investigation. Sam, 62, from we’re more relaxed. alcohol limits, only 32 respondents were Wellington, hit the nail on the head aware there had been any legislative saying a standard drink doesn’t relate Alex, 26 changes around alcohol over the last to what bars are serving. three years. Would you consider buying a Has New Zealand’s drinking culture personal breathalyser to make I think we need improved or become worse in the sure you were ok to drive? to look at laws last three years? Nine said they would, two said maybe around availability. and 31 said they wouldn’t. The main Only seven thought things had gotten Rachel, 52 better, 12 thought things had worsened reasons for not wanting to buy one and 23 thought things were about the were cost and that they were probably same. Jonathan, 20, from Wellington, unreliable. Only Rachel, 52, from said he thought things were worse and Upper Hutt, already owned one and It’s the culture had noticed there were more people said she’d bought it for a teenage party. amongst the out drinking now on Wednesday and If you wanted to know more about young people, not Thursday nights. alcohol harm, where would you go availability, that’s Do you know how many standard to find out? the issue. drinks you can have under the new The majority at 34 said they would Claire, 55 limit and still be ok to drive? go online. Eleven said they’d talk Only nine respondents felt confident to their GP, seven said they’d call Alcohol should here. Eleven sort of felt they knew, a help line and four said they would and the other 22 chose the ‘Don’t know’ talk to a friend. Only one said he be illegal. We’re or ‘Quite confused’ options. Anna, 37, would read an alcohol label or healthier mentally from the UK, said she’d noticed we’re consult an alcohol company website. and physically a lot more relaxed about drink driving without it. What sort of help would you over here. be seeking? Louise, 34 How do you make sure you stay Thirteen said they’d want to under the limit if you’re out and know about safe drinking limits. having to drive? Another 13 said they might My younger friends Twenty-one respondents said they just want to get help for a loved one. don’t drink at all didn’t drink at all. Six said they limited One said pregnancy, and three if they’re driving, said getting help for themselves. themselves to one drink per hour, and so things are most of the rest said they would just getting better. have one or two drinks. Stephen, 60, from Wellington, said if he was uncertain Rhea, 20 about whether he should drive, he would discuss it with the barman.

www.drugfoundation.org.nz 13 Feature

UNGASS REPORT: Hopes dashed and raised in NYC

The biggest global conversation on drug policy in the last 18 years took place in New York City 19-20 April 2016. A delegation of New Zealand NGOs joined diplomats, politicians, UN agencies and civil society representatives at the UN General Assembly Special Session (UNGASS).

Russell Brown filed this report from the Big Apple. RUSSELL BROWN

14 matters of substance May 16 NGASS 2016 was Nazlee Maghsoudi, Knowledge supposed to Translation Manager at the International The Minister slams the embody hope for Centre for Science in Drug Policy (ICSDP), change. But here, laments a “critical missed opportunity” failure to reject the death in a crowded and declares that “the drug policy status penalty and calls for United Nations quo will act as a barrier to attainment of “boldness” in responding meeting room the the SDGs”. to the imperatives of drug U morning before the Mike Trace, Chair of the International General Assembly convenes, there seems Drug Policy Consortium, recalls being at policy, even suggesting little of that. UNGASS 1998 and signing off the fateful that the Psychoactive Getting Better Results: Aligning Drug slogan (“and it was a slogan”) about a Substances Act offers a Policy Objectives Within the Wider UN “drug-free world”. The UNGASS 2016 template for a regulated System is a side event organised by the outcome document to be adopted the next permanent missions of New Zealand, day is full of talk about this same, drug-free market. The words are Switzerland and Brazil along with world, 18 years on. fine, but like the Mexicans, several NGO groups and chaired by Dunne, a genial and effective chair, the New Zealanders New Zealand’s Associate Health diplomatically observes the “balance Minister Peter Dunne. between traditional and newer approaches make a mental note On the face of it, it’s a narrowly to drug policy”. about looking for actions technical discussion about developing Towards the end of the session, we to back them up. better metrics to assess the outcomes of see something I’ve been told will be a drug control policy – and in particular, feature of such discussions: the Russian whether such policy serves the declared Derailment. A Russian delegate demands objectives of the UN family, the that Maghsoudi tell him “one concrete Sustainable Development Goals or SDGs. example” of an indicator that could be But almost every speaker writes off the used to measure drug policy outcomes. chance of meaningful change at UNGASS. She points out the ICSDP has distributed The tone of it all is strikingly bleak. an open letter listing many such indicators.

www.drugfoundation.org.nz 15 Feature

The Museum of Drug Policy, a pop-up exhibition featuring art from around the world depicting the effects of the War on Drugs.

He responds by virtually calling her a This meeting has been organised by the silly little girl, telling her he can read agency that authored the SDGs, the United and demanding she personally “just tell Nations Development Programme (UNDP). me one”. The UNDP and its SGDs will hover over Ok, she says: “Counting overdose the week as a kind of philosophical deaths.” presence, albeit one frustrated by the The side events continue through the processes of the UN itself. day. At one focusing on the death penalty —— for drug offences (something the outcome The next morning, day one of document controversially fails to condemn), UNGASS proper, a group from the Drug Canadian Rick Lines, Executive Director of If there is a war to be Policy Alliance (DPA) is making a small, Harm Reduction International, speaks of fought,” he concludes, colourful statement across the road from the half-dozen countries who execute their addressing the War on the UN grounds. Volunteers have dressed up in 1920s garb and are handing out a people for drug offences as “a very extreme Drugs, “and I believe that mock newspaper called The Prohibition fringe of the international community”. there is, it should be a war Times, a reprint of an open letter to Next door, the Civil Society Forum is UN Secretary-General Ban Ki-moon, taking place in a room far too small for all on poverty, on disparity, urging him to “set the stage for real reform those who want to participate. It’s hot and on dispossession, on the of global drug control policy”. The 1,000 it stinks, and some delegates are already multitude of political and signatories include a host of former beginning to think it’s no accident. historical factors that have national leaders and a dozen leading Later, in another crowded room, there New Zealanders. is more discussion about coherence with left, and continue to leave, so many people vulnerable While talking to them, someone UN goals. Pithaya Jinawat, Director- runs over and reports that UNGASS General of the Department of Rights and and in jeopardy. delegates who have accepted copies of Liberties Protection at Thailand’s Ministry The Prohibition Times are having them of Justice, offers a PowerPoint presentation confiscated by security guards at the UN apparently transported from the 1990s but gate. It might only be a mock newspaper, speaks with surprising passion about the but it’s an absurd infringement of the human rights impacts of his own country’s freedom of any press. drug laws. Kathy-Ann Brown, Jamaica’s The DPA’s Communications Deputy Solicitor-General, is even more Director asks me if I’m prepared to take blunt, unapologetically sprinkling her in some copies for them. Of course, I say speech with the words “spliff” and “ganja”. – I’m a journalist, after all – and stuff in

16 matters of substance May 16 A member of Students for Sensible Drug Policy participates in a public demonstration across the road from UN headquarters.

Photos from the streets of New York by Cameron Price.

as many copies as my satchel will fit UN drug conventions but declaring that and zip it up. As I enter, the guards are “flexibility has limits – it does not extend ...it feels as if there still taking copies out of the hands of to any non-medical use of drugs”. bemused delegates. In the hours that follow, Sipp’s warning is also something more Inside, the level four gallery of the will be applauded by both prohibitionists directly political going General Assembly is full, and I’m directed (for obvious reasons) and reformers, who on. The speculation is to an overflow room with video screens, hear it as saying that the US and others that the hardline countries which turns out to be a better place to track can’t pretend they’re staying within the the opening proceedings. Sanho Tree, conventions and must reform them if they have been angry about the Director of the Drug Policy Project at the want to legalise marijuana. He slams vocal presence of NGO Institute of Policy Studies, arrives and sits militarised drug control but concludes delegates and demanded next to me. He’s late from queuing for his “neither is it necessary to seek so-called a crackdown. day pass for the UN grounds. I give him new approaches to the problem. We don’t a copy of The Prohibition Times. need new approaches.” UN Deputy Secretary-General It comes time for member states to Jan Eliasson gives a speech urging speak to the motion to accept the outcome everyone to get along, even though “some document. Switzerland, Brazil and Costa aspects of the drug agenda are sensitive Rica all slam the absence of a rejection of and controversial”. the death penalty. After all the foregoing He talks up the human rights language talk about “balance”, “consensus” and and references to “proportionality” in “integrated” and “friendly” nations, it sentencing in the text of the outcome appears they are endorsing the consensus document, which “means, in our view, document only grudgingly and as a first refraining from the death penalty”. step to real change. The SDGs get more airtime as “a new By contrast, Indonesia’s speaker talks tool in our hands, which we must use”. up the “sovereign right” of countries to UN Office of Drugs and Crime Chief choose capital punishment, noting that Yury Fedotov highlights the document’s China, Singapore, Pakistan, Saudi Arabia language indicating that “drug policy must and Iran all wished to have their names put people first” but largely defends the attached to his statement on the matter. orthodoxy. Werner Sipp, President of the World Health Organization Director International Narcotics Control Board (INCB), Margaret Chan gives a confusing and is more interesting, allowing for “some disappointing address, banging on about flexibility” in the way states interpret the the brave new approaches of her country,

www.drugfoundation.org.nz 17 Feature

In one sentence, protesters encapsulate the sentiment of many progressive governments attending the meeting.

Hong Kong, which turn out to consist Over lunch, the team from the including Mäori public health worker largely of adopting methadone substitution Hungarian advocacy group Drugreporter Papa Nahi and Tuari Potiki, Chair of the 30 years after countries like New Zealand. offer to lead me to the media liaison office, New Zealand Drug Foundation, who both But Mexican President Enrique which proves to be another mean little talk about how UNGASS, for them, has Peña Nieto gives the speech of the day space. There is no media centre as such, been primarily about forging contacts with – passionate, focused and practical. It’s but we need to come here so one of the other indigenous people in search of what all the more remarkable given that he’d casual twentysomethings on staff can walk Tuari describes as “our own solutions”. cancelled his appearance a few days us back to the meeting room where one of Kathy-Ann Brown is unable to join us before in what was either a rejection of the roundtables will take place. But we’ve at the last moment but sends over several the UNGASS process or a sign that he just barely arrived when word comes through others from the Jamaican delegation, didn’t care that much. that Peter Dunne’s slot at the General including Ras Iya V, a Rastafarian who He declares that “Mexico has paid too Assembly has come up. has been representing ganja growers high a price” under the drug war, which Along with a group of NGO delegates, and users for nearly four decades. Until including Steve Rolles of Transform, I race has “not reduced production, trafficking Jamaica reformed its laws late last year, around looking for a way to the General or consumption of drugs” since it began in decriminalising personal possession Assembly viewing gallery. Eventually, the 1970s. He explicitly endorses medical and allowing for medical and religious we’re literally led up the back stairs in cannabis and winds up with what sounds use, his faith made him an outcast. Now, time for Dunne’s speech. like a call for a regulated drug market. he’s on the board of Jamaica’s Cannabis The speech itself is well received Later, I’ll speak with Mexican journalist Licensing Authority and has been invited in the gallery. The Minister slams the Lisa Marie Sanchez, who has also been to the UN by his own government. failure to reject the death penalty and surprised by the speech: “Now, we have calls for “boldness” in responding to the “Rastafari and the government had to hold him to it.” imperatives of drug policy, even suggesting always been basically at war,” he explains. And the call for a regulated market? that the Psychoactive Substances Act offers “Our rights have continually been violated “I’m not he sure he understands what a template for a regulated market. The – the rights to freedom of belief and he said there.” words are fine, but like the Mexicans, freedom of expression. And marijuana, —— the New Zealanders make a mental note being a part of our culture, was used as a My DPA contact isn’t responding to about looking for actions to back them up. gateway to carry out oppression, tyranny messages and the stack of The Prohibition —— and brutality on the Rastafari community. Times is weighing heavy. Eventually, I do My Wednesday is largely given over I wouldn’t have conceived of being part a Google image search on her name and to shooting TV interviews. New Zealand’s of any government delegation going just walk around looking for her. Happily, Permanent Mission has kindly given us anywhere at any time.” it doesn’t take too long to find her and the use of its boardroom for the purpose, He believes legalisation in US states execute the handover. and we shuttle through a series of guests, encouraged the Jamaican Government to

18 matters of substance May 16 NGOs travelled from far and wide to tell their story about why change is overdue.

Photo credit: Cameron Price.

reform but says reform was also “a matter is still crowded with people raving at each of implementing human rights”. other about process and personality. A series of pointless Back at the UN, trouble is brewing. ––– speeches from people Thursday is lockdown day. The One of the promises of this UNGASS whose names start with was that NGOs would be able to play streets around the UN are closed off with a meaningful part in proceedings. But checkpoints and filled with a striking array ‘His Excellency’ is broken restrictions on access and a complicated of semi-military vehicles. A panoply of by the representative and unexpected system of day passes has different law enforcement officers stand on from Cameroon. been shutting out NGO delegates from corners, some armed with machine guns. key parts of the building. Steve Rolles has Which makes it all the more remarkable had the remarkable experience of being that, as I walk away from the UN grounds along a closed-off 47th Street, there’s a denied entry to a session at which he is whiff of something you smell fairly presenting. A pass had be smuggled out frequently on the streets of New York of the room so he could get in. City (NYC) now – marijuana. In part, the restrictions are to do with For years, NYC has made New York something else happening at the UN that the state with the highest rate of marijuana week: the attendance of various heads of arrests in the country. Pot has been, year state for the signing of the Paris Declaration after year, the most common reason for on climate change. But it feels as if there arrest in the city. But locals say the NYPD’s is also something more directly political attitude to weed changed almost on the day going on. The speculation is that the that Colorado legalised in January 2014. hardline countries have been angry about In November of that year, at the urging of the vocal presence of NGO delegates and Mayor Bill De Blasio, the NYPD officially demanded a crackdown. de-prioritised marijuana enforcement. It’s the topic of much discussion Possession of 25 grams or less would among the activists, advocates and attract only a low-level summons rather journalists at the civil society drinks than an arrest. that evening, along with UNDP boss While UNGASS was in progress, Vice.com Helen Clark’s chances for the Secretary- published a story hailing “the golden age” General’s job. The civil society people see of selling weed in New York – the few years each other regularly on the policy circuit, of only modest legal or social sanction before and they greet each other warmly. They legalisation proper (and thus the burden of also party, hard and as I slip out, the bar actual regulation) arrived.

www.drugfoundation.org.nz 19 Feature

These mothers lost their sons in the ‘War on Drugs’.

Photo credit: Cameron Price.

within a block of the UN gates, it may be But I realise I can make my way to I think we’ve shattered some time coming inside the gates. the media liaison office – bypassing three I’m heading out to fetch our cameraman security stops – via the basement level. this idea that there’s a so I can talk him through a checkpoint On arrival at the second-floor office, global consensus around to shoot an interview with the UNDP’s the millennial-in-chief sends me up a the War on Drugs, and we’re Tenu Afavia, a strikingly articulate man further level to a desk he says has day who had a significant hand in UNDP’s passes. They don’t know anything about headed into two different two published contributions to UNGASS. day passes. A lady walks me to another worlds now. Unfortunately, “We’re encouraged by the mentions of desk that doesn’t know anything either. there are people living the SDGs at UNGASS,” he says. “Countries Eventually, I make my way to level four are focusing on some of the root causes of the same way as I did on Tuesday. in the regressive states people getting involved in the drug trade. By walking up the damn back stairs. who are humans. We’re encouraged that those countries are The three-day stream of addresses looking to move people to the centre of to the General Assembly is on its final lap. SANHO TREE their drug control policies rather than As it has been every time I’ve checked in, coming up with rules that impact it’s a mixture of deadly dullness and negatively on human development.” surprising insights. A series of pointless It’s unclear exactly when the second speeches from people whose names start New Zealander to address the General with ‘His Excellency’ is broken by the Assembly, Tuari Potiki, will be up, so it representative from Cameroon, who talks seems prudent to head for the gallery and about his nation’s health and education wait. But when I get there, I’m informed approach to problems stemming from its my media pass, which I was told in writing status as a “transit country” in the global was good for the entire week, no longer drug trade. It’s fascinating. admits me. I need a day pass. Hilariously, Finally, it’s the turn of the NGO a newly installed security checkpoint speakers, and eventually, Tuari Potiki The effects of the new regime are not denies me entry to the information desk. is called to the podium. He’s about evenly spread – you’re still more likely I shrug and head for the overflow room. halfway through his speech when I start to get searched and even arrested if you’re It’s not there any more. A nice lady at the quietly crying. At the end of three days black in a poor neighbourhood than white visitor centre checks for me and confirms marked out by bullshit, his speech in a wealthy one – but it appears to have that there is now no UNGASS overflow is direct, personal, political and improved the relationship between New room. She suggests I could watch the live deeply moving. Yorkers and the force that polices them. stream on my phone. As excellent as the “If there is a war to be fought,” he But if such pragmatism can be detected free wi-fi is, that is clearly absurd. concludes, addressing the War on Drugs,

20 matters of substance May 16 At times security arrangements got in the way of civil society representatives being included.

Photo credit: Cameron Price.

“and I believe that there is, it should the regressive states are hearing that their be a war on poverty, on disparity, on days are numbered in terms of how long dispossession, on the multitude of they can get away with this.” political and historical factors that have We walk to the pop-up drug policy left, and continue to leave, so many museum sponsored by the Open Societies people vulnerable and in jeopardy.” Foundation, where there is a restrained As he finishes, Papa Nahi, who is party in progress. Eugene Jarecki, director front and centre in the gallery, stands of the stunning drug-war documentary and responds with a karanga tautoko. The House I Live In, takes the stage Her voice rings out high over the chamber to speak. and, for a few precious seconds, actually “Ten years ago,” he tells the crowd, interrupts the grind of UN process. I feel “I could not have imagined that the drug proud of my country in a way that’s hard war would have become so desperately to adequately convey. embarrassing to the United States, that ––– we could have gatherings like this where I meet up with Sanho Tree, who has we could truly look at this thing and been in one of the late side-events, and begin to see the end of it.” we go and look over the Hudson River. Later, I join several of the other “Whatever happens,” he says, “I think New Zealanders for a quiet drink at we’ve shattered this idea that there’s my hotel’s rooftop bar. Tuari, still drug a global consensus around the War on and alcohol free after 27 years, is among Drugs, and we’re headed into two different them. The emotional impact of his worlds now. Unfortunately, there are speech lingers over us all, and I embrace people living in the regressive states the man I met only a week ago. And who are humans.” until the barman calls time, we mull But if no one believes in the vaunted over a week in which consensus has consensus, is UNGASS’s failure in some meant dissent, failure has been victory sense its victory? and the world has begun to change, “I think there’s a lot of truth in that. for some. We can’t go on with this farce. I’ve been working on this issue since the 1998 UNGASS, and I’ve seen more change Russell Brown co-hosts Media Take on in the past three or four years than in Maori TV and blogs at publicaddress.net the previous 15 years combined. I think

www.drugfoundation.org.nz 21 Feature Whole School Series N0.4

Photo credit: flickr.com/photos/jesstern

To test or not to test A very good question for schools

Schools drug testing their students has long been a controversial issue. In this fourth instalment of our Whole School series, Naomi Arnold hears from all sides of the issue. It’s not the quick fix some think it may be. NAOMI ARNOLD

here’s been a from local health agencies, explaining He says the school wants to work on change of heart at what drug convictions will mean for rehabilitation, examining every incident Hicks Bay’s Te Kura future travel and work opportunities on a case-by-case basis in order to address Kaupapa Mäori o and education from the local Police. its severity. Kawakawa Mai It offers support to family and whänau “We, the kura, don’t have the drug Tawhiti. The old if there are issues at home, along with problem – if there are drugs in the home, attitude towards mandatory counselling. then there’s the problem. So we’ve drawn T drug use is gone, But success requires everyone to a circle around our school so that all of and in its place is a new suite of pitch in and be on the same page, us are drug-free, alcohol-free and smoke- approaches that local CAYAD coordinator Raroa says – school, local health and free,” he says. Moki Raroa says is proving very successful. social workers, whänau and student. “When we do suspect there has been The old way, he says, was “basically “I think it’s a very good option for partaking of drugs among our students, sending them home and saying, ‘Come some schools if they want to take a we let the parents know. We usually go back and talk to a discipline committee’.” holistic approach, but it’s getting and see them face to face at home on their “Generally, those kids got kicked out. everyone to work together,” he says. patch, and we talk to them about a urine Four or five years ago, we said, ‘Let’s try “If that happens, it’ll succeed.” test, which isn’t totally foolproof but is something different’, and we’ve never The kura’s Tumuaki (Principal) an indicator that there have been drugs. looked back.” Campbell Dewes says the kura is no “It is an agreed practice that we want The focus instead is on trying to keep different from any other community students to be drug-free for their future students engaged at school rather than in New Zealand. tenure at this kura, so they must pass a letting them go. “What use is that?” “Mind-altering substances are prevalent series of tests until they are. Their names If a student is using drugs, a plan throughout society, and it would be naive are also given to the Police for their files, kicks into place. It involves assessing of us to think that we would be immune and drug and alcohol counselling is put their dependency, giving them information to drug use amongst our students.” in place as well.

22 matters of substance May 16 CLEAR RESULTS

Urine drug testing for cannabinoids Interpreting test results After getting the results of a drug test back from the lab, interpreting the results is pretty black and white, right? Think again. Setting aside the accuracy of the test and the actual levels of substances detected, when it comes to cannabis, there is actually room for misinterpretation. Here’s what can happen. Urine tests measure the substances made by the

Metabolite level in urine Metabolite level body when THC from cannabis is broken down. They don’t directly measure the 1 Days 27 THC from cannabis itself. Cannabis stays in the body for much longer than the Cut back to a session every second day psychoactive effects do, which means Cut back to a session every third day that urine tests can pick up these THC No more use byproducts for days after use. Someone who has been regularly smoking cannabis will find it hard to cease using. They may dramatically cut back but could “So far, of the few students we However, he says, if a good drug still reuse. Remember, a drug is a powerful have had to put through this programme, policy is in place, especially one that thing that someone may turn to in order just two have failed to come through offers lots of support, drug testing is the other side.” “essentially irrelevant”. to relieve anxiety, when they’re stressed The kura’s use of drug testing is Some schools strongly defend their or for comfort. This can happen regardless part of a host of initiatives and is the right to test for drugs and to exclude or of the potential consequences. beginning of a journey rather than its expel anyone found with drugs in their A single instance of reuse can lead to a end. Evidence shows that a punitive body. Others say testing is inappropriate, disproportionate spike in the urine test approach to drugs leads to worse life leads to a breakdown in relationships levels, especially if the body has not got outcomes for students, and how a school with students and does little to ensure reacts can have lasting consequences people get the advice and help they need. rid of all of the cannabis yet. Remember, on the student’s education and life. As for the results, schools might this can take days. But there is no one drug-testing policy quietly tell a student it’s best to jump In other words, urine tests can identify across New Zealand. Each school decides before they’re pushed and enrol in another recent cannabis use, but they cannot how best to serve its community. school; many parents, not wanting the identify if someone is ‘stoned’. Higher Drugs are a leading cause of students blemish on their child’s school record, missing out on schooling. Nationally, would likely agree. levels indicate that use was closer to the Ministry of Education statistics show Birks Ang says some schools take a test being done, but if the tests are too that, in 2014, drug use was the second- more holistic approach. spaced out, they do not give enough of most common reason both for suspensions “Some schools have a strong belief the picture to show if someone is (23.7 percent) and exclusions (16 percent), that the social side of things is a part of reducing their use or not. but it was the main reason for expulsions, their role at school, so they do a lot to This pattern needs to be considered when accounting for 26.7 percent of cases. keep young people there,” he says. Many of those students will have been “But at other schools without a holistic deciding on what action to take (or not) given a drug test at some point. focus, it is harder for schools to discuss after results are returned. When there is New Zealand Drug Foundation Youth drugs without worrying that it could a danger of misinterpretation, erring on Services Adviser Ben Birks Ang says many negatively affect their image. Families the side of caution is recommended. schools don’t have a policy on alcohol choose which school to send their child Giving a second chance, opening up and drugs, instead dealing with things to, so the image of the school is important, dialogue and understanding what is on a case-by-case basis. Some test for and schools often do not want to be driving drug use will have more beneficial drugs on a student’s smell, behaviour associated with substances. This limits outcomes than, strictly adhering to a or appearance; others on a rumour. their options.” Some rely on their suspicion and then If there aren’t clear policies and ‘fail and you’re out’ policy. get the friend group tested as well. practices, a school can take a skewed

www.drugfoundation.org.nz 23 Feature

Photo credit: Peter Meecham

approach. “This can include over- circumstances that they don’t move very emphasising the place of testing,” he says. quickly to ultimate disciplinary action.” “A lot of this is on the assumption that, YouthLaw Aotearoa barrister and if a young person is using drugs, they’re solicitor Joanna Maskell says schools a risk to other people’s safety. That’s the cannot test students for drugs without main concern boards or principals talk their consent but can refer testing to a to me about, but I haven’t seen much third party (with student consent) for evidence to prove that’s the case.” example, as a condition of return to Patrick Walsh is the Principal of school after a suspension hearing. Rotorua’s John Paul College and quotes “They are not able to randomly search Principal Youth Court Judge Andrew students either,” Maskell says, adding Some schools strongly that students have the same rights as all Becroft on the matter. defend their right to test for “He says drugs in school ought not citizens under the Bill of Rights Act. The Ministry of Education has to lead to stand-downs and suspensions, drugs and to exclude or expel procedures set out in the Education because he deals with kids who are anyone found with drugs in (Surrender, Retention, and Search) Rules suspended for those offences, and it can their body. Others say testing 2013. It allows schools to have a third- lead to a spiral for crime. The best way is inappropriate [and] leads to party agency bring in a drug sniffer dog to rehabilitate the students is to keep to search lockers if there is a suspicion of them in school.” a breakdown in relationships drug use. In terms of testing, the guidelines He believes that a one-size-fits-all with students... say it should be for a prescribed period approach doesn’t work and the “critical only – it should not go on randomly for the factor” for success in a testing regime rest of the year. It emphasises that students is the attitude of the students. should seek treatment for drug issues, and “When kids are consuming drugs, the school should aim to make sure the it indicates they’ve got things going on student has genuine, informed options in their life and there are mitigating and knowledge of the consequences and circumstances,” he says. potential outcomes of those options. “It seems to me that most students who It also says students may be encouraged get involved with it just for experimental to participate in a voluntary drug treatment reasons are testing it out. There’s not a programme that involves testing of bodily huge number who have an actual drug samples, even when a student continues problem. On that basis, I think schools to attend school. “Schools should not, do need to be very careful in those however, insist on a drug treatment

24 matters of substance May 16 programme as an alternative to suspension,” “I would say drug testing is often it says. an invasion of privacy. If someone’s using YouthLaw’s Maskell says most schools will suspend a substance in their recreational time, students under section 14 of the Education which isn’t impacting on their ability to recommendations are Act if they are found to be using or dealing work or study, is there a need to drug test? that schools should not drugs on school property. The board of “Why do they want to know? Is it be testing students at trustees makes a decision about whether because they think a person is a drug school for drug use. the student is excluded or expelled from user? How does that information help school or whether they can return. The the school or the person? Do they want board has a right to impose “reasonable to know if a person is under the influence conditions” upon the return of a student of a substance at the time? Is it something to school. that is required by their health and safety “Sometimes, a board will make it a policies? Schools need to have planned condition that a student undertake drug procedures in response to the results testing and can show they are free of drugs they get, such as providing counselling, before they return to school and that they or engaging other support services.” continue to produce drug-free tests for She says schools need to be very clear a period of time after their return.” about why they’re doing a drug test and YouthLaw’s recommendations are consider the need to maintain ongoing that schools should not be testing trust with the student. Usage doesn’t students at school for drug use. necessarily mean they’re an addict or “They are, however, able to stand have a dependency. down or suspend a student if they “If an organisation or a school imposes have a reasonable belief they have drug testing on a group, it potentially erodes taken or dealt drugs at school, as this trust, whereas if it’s something the young may fall under the category of ‘gross people feel is going to be beneficial to them, misconduct’ under section 14 of the it can help. The primary thing is to have Education Act,” Maskell adds. that positive caring relationship. If the New Zealand School Trustees young people know the organisation is Association President Lorraine Kerr says the acting to support their health and wellbeing school is obliged to ensure that every rather than coming from a punitive student has the right to education. approach, it’s much more likely to be “While they’re under the influence received in a way that’s going to be useful.” of drugs, we’re not meeting our obligation However, she says not every drug test – particularly from the point of view of is unwarranted. There might be some times whether it has an effect on other students’ when the user would prefer to be drug “We’re wanting a clear drug test, rights to learn as well as their own,” tested so they can say to their peers, and what we quite often do with some she says. “I’m not allowed to use X.” people is make sure it’s reducing all the Drug testing is indeed a thorny business, “It gives them an out in a situation time. Some schools have said they can’t ethically, legally and biochemically. Many they might otherwise find tricky to extract return until there’s a clear blood test. of those issues aren’t well understood, themselves from,” she says. We have to, hopefully, work to show Nelson-based CAYAD coordinator Rosey Patrick Walsh agrees with Duncan that being drug-free is going to impact Duncan says. and Birks Ang that there is potential for positively on their learning.” Duncan has written a guide on effective misinterpretation of the tests. Parents have generally been alcohol and drug policies, More Than Just “I think that area is probably something “hugely supportive”. a Policy, available at healthaction.org.nz. that’s not well understood, and certainly, “We’re assisting them, and we’re The policy notes that research shows a I don’t think the tests they do in schools, working together, which I like. It works strong case can be made against drug which are at the very basic level, would be really well, but the students themselves detection and screening strategies in sufficiently robust. Having said that, most have to be committed or the whole process schools, and policies that “address key schools have reasonably conservative parent breaks down, and we might have to go to values, attitudes and perceptions [of peer communities, so they do expect a tough line another stage.” drug use]” may prove more important in on drugs. That’s the tension principals have The outcome used to be exclusion – drug prevention than drug testing. to work with.” now, they’re looking at individual needs Duncan says different tests – blood, At Burnside High School in and considering wrap-around services breath, urine or hair – take different amounts Christchurch, Principal Phil Holstein that might help. of time to process, detect differing substances says, if there are suspicions, they generally “I think that’s in response to our and have differing windows of detection, ask, as part of the discipline process, more restorative practices,” he says. so they may or may not show whether a for evidence of blood tests and a return “Things have changed in society.” person is currently under the influence of to school under conditions. (He does, any particular substance or has used it at however, lean more towards exclusion Naomi Arnold is a Nelson-based journalist. some time in the recent past. if a student is actually dealing drugs.)

www.drugfoundation.org.nz 25 Feature

Photo credit: flickr.com/photos/cwhitfield

The snowball and the avalanche: medical cannabis in Australia

Stories of personal suffering, where debilitating symptoms are eventually eased by medical cannabis, are appearing ever more frequently in the news. Andrew McMillen argues it is these sorts of stories that have engendered compassion in Australia, eroding the stigma around medical cannabis use and paving the way for science and more evidence- based legislation. ANDREW McMILLEN

26 matters of substance May 16 he story of medical His parents wished there was another way. cannabis in The fact that his father was head of the Dan made a lasting Australia is much Tamworth Police Drug Squad made this impression on everyone the same as in other desperate decision even more ethically countries around and legally tortured than usual. he met, but more than that, the world that have Yet the simple, unavoidable fact he left a legacy in New South tiptoed this path was that medical cannabis eased Dan’s Wales that will be felt across T suffering. This anecdotal evidence before us. Here the nation and, I believe, across the ditch, as in New Zealand, the helped change the mind of NSW Premier United States and many other advanced Mike Baird, who began funding medical the world. Every step we economies, it is a situation where two trials only after meeting the Haslams. take on medical cannabis strange bedfellows have been pitted Compassion softened the stigma, which will be built on the footsteps against one another: stigma and science. in turn opened the door to scientific For many years, because of their inquiry into a global industry estimated he left behind. preconceived attitudes, staunch opponents to be worth AU$250 billion annually. of illicit drug use have remained wilfully Prejudice and preconceived attitudes blind to the benefits of medical cannabis seeped out the window. The Premier experienced by sick people. Here, as got it, and he communicated his elsewhere, this is not a campaign for the understanding to the country’s most impatient. Change is slow, often painfully populated state, in which more than a so, as it relies on a willingness for third of Australians live. They got it too: opponents to reconsider their positions medical cannabis can – and does – help in light of compelling evidence. sick people, and this fact of life is worth In the last few years, though, the further exploration and discussion. situation has appeared to change rather That singular snowball was stopped, quickly and dramatically. The appropriate sadly, when Dan Haslam died in February image is that of a single snowball rolling 2015 at the age of 25. But the avalanche down a hill, gradually gaining mass and continues unabated in his absence. momentum until it forms an unstoppable Indeed, its strength is increasing. avalanche. To this end, a raft of touching “I will never forget the look in his eyes personal stories have been told in the the first time I met him, and it will stay national media. As a result, many state with me forever,” said Mike Baird after and federal politicians have sensed a shift Dan Haslam’s death. in public sympathy towards sick people “Dan made a lasting impression on who are attempting to access medical everyone he met, but more than that, cannabis without further complicating he left a legacy in New South Wales their lives by crossing paths with the that will be felt across the nation and, criminal justice system. I believe, the world. Every step we take Support for plant-based medicine has on medical cannabis will be built on the gone mainstream, as evidenced by a July footsteps he left behind.” 2014 ReachTel poll that found that almost —— two-thirds of Australians believe cannabis The path to Australia’s success in should be made legal for medical purposes. medical cannabis legislation has been It is telling that compassion is the driving paved with defeats. In 1999, then NSW emotion here, rather than fear – long-time Premier Bob Carr announced that his advocates might well wish they had government would investigate the use cottoned on to this tactic earlier. of cannabis for medical purposes, which These personal stories don’t come was followed by an announcement in more dramatic and heart-wrenching 2003 for the Carr Government’s intention than Dan Haslam’s. In fact, his journey to for a four-year medical trial. This was accepting and using medical cannabis has not pursued. In 2004, the Drugs of become emblematic of changing attitudes Dependence Amendment Bill 2004 was to the drug across Australia. Dan was the introduced in the Australian Capital snowball, and his descent down the hill Territory, with the backing of the Greens began when he was diagnosed with and Democrats. The Bill would have terminal bowel cancer in February 2010 allowed eligible medical users or while living in the regional New South nominated caregivers to grow cannabis. Wales (NSW) city of Tamworth. There, It was defeated. In 2008, the Controlled the then 20-year-old eventually discovered Substances (Palliative Use of Cannabis) that the only treatment that soothed his Amendment Bill was introduced in the nausea and stimulated his appetite while South Australian Legislative Council. undergoing chemotherapy was cannabis. It, too, was defeated.

www.drugfoundation.org.nz 27 Feature

Campaigners in Nimbin.

Photo credit: Echo Netdaily.

While all of this feels like ancient such as Colorado in the United States, Compassion has been a history from the vantage point of 2016, where the legalisation of cannabis raked these defeats were a necessary part of the in US$44 million in tax revenue during driving force but not the only process towards the legalisation of medical 2014, its first year of operation. one. The potential economics cannabis. Each failed bill, each postponed For Dr Alex Wodak, President of the of legalised medical cannabis trial, each discussion paper planted seeds Australian Drug Law Reform Foundation, in Australia is increasingly of doubt in the minds of those who write the economic appeal of taxing cannabis use legislation and represent constituents. is only one reason why we should follow being used as an incentive From the level of local council and small this path. “But it’s an important reason,” to win over holdouts, community debates, up to the offices of he told GQ Australia in late 2015. particularly those within the state and federal politicians who wield “If we can generate revenue and Liberal National Party enormous power and influence as produce savings, that becomes quite a individuals, the key idea – that medical powerful argument.” cannabis can, and does, help people – Dr Wodak notes that Colorado set aside needed time to propagate. Change is slow, a portion of its new-found income for but on this matter, it is inevitable. All it upgrading its public schools. takes is for closed minds to be opened, “Some of the revenue from the sale one at a time. of recreational, legal cannabis has gone Compassion has been a driving force towards building schools, and they have but not the only one. The potentia‑l done very well out of it,” he says. economics of legalised medical cannabis “Who can be opposed to building in Australia is increasingly being used new schools for kids?” (To be clear, no as an incentive to win over holdouts, Australian state or territory governments particularly those within the Liberal are currently considering the legalisation National Party (LNP), which governs or taxation of recreational cannabis – a the country and four of its states and separate matter that is beyond the scope territories, including NSW. If compassion of this article.) doesn’t crack open the minds of free While no Australian government marketeers in the LNP and other politically has yet outlined a clear plan for how aligned organisations, the shiny lure of licensing for growing and selling medical cold, hard cash is an almost irresistible cannabis might work, it’s a subject to option in the toolbox. On a purely financial which Dr Wodak has devoted a lot of basis, it’s tough to argue with the tax thought. He advocates a similar approach revenue gained by overseas territories to how we currently deal with alcohol,

28 matters of substance May 16 Dan Haslam produced cannabis oil in his workshop – he had few other choices.

QUOTES OF SUBSTANCE

But with federal legislation allowing the cultivation of medical cannabis being passed When two elephants in February and regulations fight, the grass always governing production under suffers the most. licence now being drafted, the toughest roadblock – politics Guatemalan President Jimmy Morales, referring to drug cartels and American – has at last been cleared. law enforcement agencies.

Some pessimists argued that we lost the War on Drugs. This is Used with permission, Australian Broadcasting Corporation. Photographer: Tim Lehä. not the case. We must continue our fight. where only those aged over 18 years may industry, and can create thousands of legally purchase the substance. skilled jobs and generate tens of millions The Russian delegation to UNGASS. “That wouldn’t be perfect, because the of dollars in foreign investment,” Tilray’s alcohol age restrictions aren’t perfect, but Global President Brendan Kennedy told they exert some control to require proof of news.com.au in March. age and make it comparable with alcohol “We hope to invest significant capital Responsible regulation arrangements,” he told GQ. in Australia in coming years. We intend to is the key to reducing drug “We could also mandate what lawful break ground on an Australian facility in harm. It is imperative cannabis would contain.” the next 12 months.” In addition to packaging that displays The parallels with this research and that any move to a health warnings, like cigarettes, product Dan Haslam’s story are clear: cannabis regulated market is an information panels could accurately list eased his nausea and vomiting, which led authority-led process. the percentage of THC – the primary to the Baird State Government contributing psychoactive component in cannabis – AU$9 million to three clinical trials in Peter Dunne’s bold words to the UN and assure consumers that the product 2014. But the biggest donation in this field General Assembly. is free of any adulterants. has come from a couple of grandparents, “We should also learn some of the Barry and Joy Lambert, who in June 2015 painful lessons we’ve learned from announced their decision to donate regulating alcohol and tobacco, such as AU$33.7 million to medical cannabis Prohibition has not getting in first by banning advertising, research. Their story, too, is rooted in made drugs disappear. before there is a cannabis industry,” compassion, after they saw the difference Demand for drugs is said Dr Wodak. cannabis oil made to the life of their irrepressible: governments In partnership with the NSW granddaughter, three-year-old Katelyn, who Government and the University of has a rare and extreme form of epilepsy must focus instead on Sydney, Canadian company Tilray will named Dravet syndrome. Their gift is minimising their risks. soon begin the world’s largest clinical believed to be the world’s largest single trial of chemotherapy patients. Their goal donation towards this type of research. Beckley Foundation director Amanda will be a better understanding of how The Lambert Initiative, as it’s now Feilding on the UK government’s new, cannabis products can provide relief to known, is based at the University of retrograde drug law. cancer sufferers whose symptoms of Sydney. It’s an Australian first in the field nausea and vomiting cannot be controlled of medical cannabinoid research, and its by standard treatments. stated aim is to optimise and introduce “In Australia, we think medical safe and effective cannabinoid therapeutics cannabis has potential to be a billion-dollar into mainstream medicine in Australia

www.drugfoundation.org.nz 29 Feature

Could cannabis be a big earner? NSW Premier Mike Baird visited an Israeli cannabis lab in April.

and beyond. The Lamberts’ donation “The [Lamberts’] gift will accelerate was followed by the NSW Government cannabinoids through the drug development ...with federal legislation committing a further AU$12 million pipeline to ultimately relieve the suffering to establish a Centre for Medicinal of patients,” said Associate Professor and allowing the cultivation Cannabis Research and Innovation. Lambert Initiative leader Jonathon Arnold of medical cannabis being Together, public and private funding in October. passed in February and have combined to position Australia “Without it, many important regulations governing alongside the likes of the Netherlands, therapeutic applications would be left the United States and Israel as world on the shelf, never to be realised.” production under licence leaders in cannabinoid science. The The Lambert Initiative won’t report now being drafted, the avalanche rolls on. its results for a few years, and before toughest roadblock – politics —— cannabis is approved for medical use – has at last been cleared. With the spectre of stigma fading across Australia, an application must into the background, science comes to be made to the Therapeutic Goods the fore. All modern societies value Administration (TGA), accompanied knowledge and empirical data, and it is by data to assess its quality, safety and this desire that is driving investment in efficacy. But with federal legislation cannabis research. So it is for cannabis, allowing the cultivation of medical a drug long derided and misunderstood cannabis being passed in February and in the public sphere by the masses – even regulations governing production under though at least 1.9 million Australians licence now being drafted, the toughest privately use cannabis each year, according roadblock – politics – has at last been conditions are expected to consume as to the most recent data from the United cleared. Now, we wait for the science. much as 8,000 kilograms of cannabis Nations 2014 World Drug Report. In the meantime, Australia’s states – worth AU$100 million – in the first Scientific discoveries have shown and territories are free to legalise the year alone. With stigma largely us that the human brain and body is manufacture, supply and access to vanquished and scientific inquiry immersed in its own cannabinoids, medical cannabis products within taking its place, a veritable green which are known as endocannabinoids. their jurisdiction, as Victoria did on avalanche is set to continue rolling Nor would we know that the cannabis 12 April 2016, becoming the first state down the hill in the years ahead. plant contains more than 100 different to do so. cannabinoid substances but that only A white paper published by the Andrew McMillen is a freelance journalist one is intoxicating. This is why we University of Sydney Business School and writer based in Brisbane, Australia. do research: to better understand in March suggests tens of thousands of Web: andrewmcmillen.com the unknown. patients in Australia suffering medical

30 matters of substance May 16 The NSW Terminal Illness Cannabis Scheme has benefited 94 people since December 2014, included Dan Haslam.

Used with permission, Australian Broadcasting Corporation. Photographer:Tim Lehä.

Lucy Haslam, husband Lou and Dan’s without delivering,” said Kaye, while NSW Terminal wife Alyce also received licences, which a spokeswoman for the Premier said protected them from repercussions for the government had promoted the Illness Cannabis carrying cannabis for Dan. scheme through cancer charities. Scheme Unfortunately, Dan Haslam died of bowel By the end of April 2016, there were cancer within a month of receiving his 94 terminally ill people registered – the details TICS licence. along with 180 carers. Under the scheme, licence holders are Under the NSW TICS, applicants Unique to NSW is its Terminal Illness exempt from prosecution for possessing require a medical practitioner, who is Cannabis Scheme (TICS). Announced in up to 15 grams of cannabis leaf, 2.5 grams registered in Australia and involved in December 2014 alongside the NSW of cannabis resin or 1 gram of cannabis oil. their ongoing care, to certify that the Government’s AU$9 million trials of At the time Dan Haslam received the person has a terminal illness. Each eligible cannabis-derived medicines, TICS permits state’s second TICS licence, the Premier’s adult may nominate up to three carers possession of certain amounts of leaf, department said that only 11 applications who will be registered under the scheme. oil and resin. Given that the scheme was had been received so far, though Lucy If requested by the NSW Police, registered developed to extend compassion to adults Haslam suggested this was due to a lack adults and carers must produce their who are terminally ill, it is fitting that, in of promotion and public awareness. TICS documentation. early February 2015, Dan Haslam became Almost six months later, in August 2015, There are limits for those registered the second person in the state to The Sydney Morning Herald reported under TICS, of course. Activities not receive a TICS licence. that only about 40 people had signed covered by the scheme included At the time, Dan’s mother Lucy said up to TICS, drawing criticism from supplying cannabis products to those the licence was both a symbolic and Greens MP John Kaye, who said the not registered with TICS, cultivating practical victory for the wider cause of government had deliberately not cannabis, using the products in public nationwide access to medical cannabis. publicised the scheme. or drug driving. “This was our first goal; this was the reason “[NSW Premier] Mike Baird is happy At the time of publication, no other we were campaigning in the first place,” to reap the political rewards for state in Australia had established an Mrs Haslam told The Northern Daily Leader. moving on medicinal cannabis equivalent scheme.

www.drugfoundation.org.nz 31 Drug history in new zealand

Redmer Yska begins a new series looking at drugs and history.

REDMER YSKA

32 matters of substance May 16 ARTICLE 01

Department Deputy Director Dr Geoffrey people and talk to them. They are often Blake-Palmer, a former mental hospital like children lost in the dark.” James superintendent, chaired the committee. During 1969, Baxter set up pioneering Other members included Oakley Mental meetings of Narcotics Anonymous (NA), K Baxter: Hospital head Dr Patrick Savage and an organisation based along on AA lines, then Assistant Police Commissioner where people with addiction help each Bob Walton. other stay off drugs. Because of the Police poetry and The committee was asked to take attention, the people who needed the political influence a “careful and dispassionate” look at meetings mostly stayed away from the drug use, but its early energies were sessions. NA was resurrected in 1982 diverted by the Sharples fatality. Records and remains nationally active. show that a telex marked ‘urgent and Exhausted from his efforts, Baxter confidential’ flew between Auckland’s then left Auckland for Jerusalem on the CIB boss and Assistant Commissioner banks of the Wanganui River. But the Walton. It talked of an outbreak of abuse visit to Boyle Crescent had registered involving “literally hundreds of people with the committee as it continued in Auckland”. its deliberations. Hemi Baxter’s place at number 7 Boyle Police Department records from 1968 Later that year, Dr Blake-Palmer Crescent in the late 1960s was just show that the authorities had already been approached Baxter as someone who another rickety wooden villa set amidst watching Boyle Crescent closely. In an could help articulate what the young the rundown – almost slum – housing internal memo, Detective Inspector Perry were thinking. A memorable letter seeking stock then popular with university from the Auckland Vice Squad called it his whereabouts was dispatched to the students and now probably worth “an address occupied by and frequented Medical Officer of Health in Wanganui. millions. By 1968, the ‘squats’ of Grafton by known drug users”. “The Committee wishes to write to James housed many of the free spirits embroiled As part of subsequent field studies, K Baxter who passed through Wanganui in contemporary issues: the Vietnam War, Dr Blake-Palmer and committee members late last month on his way to plant apartheid, anti-materialism – and toured parts of Auckland with detectives. kumaras in Jerusalem.” consciousness expansion. The chairman prioritised a visit to Boyle Baxter seized the opportunity to Invercargill Mayor Tim Shadbolt, Crescent and chatted with Baxter. contribute. His handwritten nine-page then a student firebrand, lived in nearby Committee records reveal how much the submission talked of a “rebellious” Gibraltar Crescent. He chose number 5 advanced disrepair of the houses, some subculture with its own customs, music, Boyle Crescent to host the first meeting even lacking front doors, disturbed officials. religious preferences and nuances of of the Day-Glo Activists Cultural Liberation Blake-Palmer wrote: “Although the feeling. “I wish neither to defend or Front. The street was also notorious as a buildings were structurally sound, the attack it. I wish only to point out that, as place where illegal drugs were available condition of the rooms in which these in the international sphere, ethnocentric at a time when experimental use was on people were living, two of them reputed prejudices are useless and lead only to the rise. The first local arrest for LSD to be university students, was appalling. greater tension and misunderstanding.” occurred at number 9 in July 1967. There was a complete absence of even He addressed the Police’s emotional Then, on 26 June 1968, a 17-year-old nominal standards of cleanliness. Garbage fear and contempt for the younger vagrant Boyle Crescent resident named Phillip was stacked in one corner and unwashed population of drug users. “Accidental Sharples died in a squalid room after clothing lay where it fell.” issues – cleanliness of houses and people, injecting heroin. The tragedy drew At Boyle Crescent, meanwhile, unusual dress and speech, regularity of only muted headlines, but behind the Baxter was providing accommodation employment, de facto sexual relationships, scenes, health and law enforcement and support to the country’s first wave hair length and so on – play a vital part in authorities were appalled, and the full of drug casualties. An active member of the police view of drug users, and the view gaze of officialdom turned to the tiny AA since the 1950s, the poet believed of a good many doctors. This leads to the Grafton street. that, rather than be sent to prison – or, blind alley of a battle over lifestyles.” What was most shocking to officials worse, mental hospitals, as was the norm The work of the Blake-Palmer review, was that a middle class European had – drug users like Sharples needed care which sat sporadically between 1968 been fatally caught up in what they and support. and 1973 and published two reports, saw as a sinister backstreet drug culture Baxter’s biographer Frank McKay says culminated in the Misuse of Drugs Act only identified with elderly Chinese. the poet tried to ensure that everybody 1975. In 1971, Baxter made a second Not until 1964 did local Police stop who came to number 7 – from street kids, substantive contribution, meeting with recording Chinese opium and heroin to full-time drug users to middle class the committee in Wellington on 14 and arrests separately. dropouts – was treated with kindness 15 October. The Sharples death also occurred and aroha. Baxter himself wrote of the When the committee finally reported as a government committee sat down inclusive nature of the community: back in 1973, the 250-page document in Wellington to examine a growing “One long-standing user of drugs, a Mäori contained a whiff of Baxter philosophy, outbreak of drug use. National drug woman, has come off them. One man, recommending a new emphasis on offences including cannabis, LSD and a user of amphetamines, who has been treatment over punishment for drug use. heroin had jumped from 10 in 1965 several times in the bin, has improved The poet never got to read the report: to an alarming 50 by 1967. Health a great deal. I put my arms round these he’d died the previous year, aged 46.

www.drugfoundation.org.nz 33 guest editorial

Substance Addiction Bill briefing (Compulsory Assessment and Treatment Bill)

It’s been a long hard road and taken considerable time, but we’re now close to having new legislation to help deal with addicted people who can no longer help themselves. Matua Raki National Manager Vanessa Caldwell explains some of the changes in the draft Bill. VANESSA CALDWELL

fter almost 30 years, friends, fellow travellers or clients as a also been clarified. Some of these features more than three result of their addictions. These deaths are summarised below. official reviews and are potentially preventable, and effective Criteria a Law Commission legislation is one way we can provide an Anyone over the age of 18 can apply report, we finally opportunity for those experiencing the for a committal order on behalf of someone have the Substance severe effects of addiction to receive else, although the application needs to Addiction restoration and treatment. be supported by a medical certificate A (Compulsory The purposes of this proposed from a GP. There are four criteria that Assessment and Treatment) Bill ready legislation are to: must be met under which a court will to replace the outdated and unworkable ■■ protect the person from harm consider a committal: ■■ facilitate an assessment of Alcoholism and Drug Addiction Act 1966. ■■ The person has a severe substance This new legislation was drafted under their condition addiction. ■■ the Prime Minister’s Methamphetamine stabilise their health ■■ Their capacity to make informed Action Plan 2009 and was introduced into ■■ protect and enhance their mana decisions about treatment for addiction Parliament on its final day of sitting last and dignity is severely impaired. ■ year. At the time of writing, it is before ■ facilitate an opportunity to engage ■■ Compulsory treatment is necessary. the Health Select Committee. in treatment voluntarily. ■■ Appropriate treatment for the person Although the numbers of people A number of stakeholders were is available. requiring this legislation are few, this is involved in drafting this Bill back in In this context, the definition of severe a last-resort opportunity to intervene 2010/11 via various activities facilitated addiction is a continuous or intermittent with these people and their whänau and conducted by Matua Raki, including condition of a person that involves the when they no longer have the capacity consumer focus groups of those under compulsive use of a substance and is to do this for themselves. People who committal, working groups, hui and characterised by at least two of: experience the severe effects of addiction research into family involvement. ■■ neuro-adaptation to the substance are very unwell and require an intensive Although much of this draft Bill ■■ craving level of intervention. mirrors some of the Mental Health ■■ unsuccessful efforts to control use You may think it would take many (Compulsory Assessment and Treatment) ■■ continued use despite harmful years of heavy substance use for things Act 1992, including the title, there are consequences to get this bad, and for a number of people, some key differences. There are significant and is of a severity that it poses serious that is true. However, it is also true that improvements in terms of the rights of the danger to the health or safety of the person younger people can rapidly develop very client, the duration of the compulsory and diminishes their self-care. severe symptoms. Sadly, addiction is a period and the criteria and process of Further, a person is deemed to have potentially fatal condition, and many of application. The roles and responsibilities impaired capacity to consent for treatment us in the field have lost family members, of healthcare professionals involved have if they are assessed as unable to understand

34 matters of substance May 16 Photo credit: instagram.com/radiieso.

Although the numbers of people requiring this legislation are few, this is a last-resort opportunity to intervene with these people and their whänau when they no longer have the capacity to do this for themselves.

people under the new Act so they have appropriate options available. This is particularly true in regards to meeting the requirements to provide culturally appropriate treatment options as well as programmes that recognise the challenging behaviours people with these cognitive difficulties can present. Almost every person under a committal will be experiencing co-existing mental health issues, including depression or anxiety, as well as considerable physical health concerns and cognitive difficulties related to their substance disorder. The primary goals of the first eight weeks of the information relevant to the decision involved in the person’s care and support, treatment will be to achieve stabilisation, (such as treatment options or the likely is required to be in place to assist in the a comprehensive assessment of the outcome of not having treatment), to retain person’s return home or to an alternative person’s condition and development that information, to use or weigh up the care facility. of a multifaceted treatment plan that options or to communicate their decisions. Young people addresses these issues. Ongoing support Duration There are special considerations for young and coordinated care are critical to One of the significant changes is the people who may meet the criteria for a providing an opportunity for recovery- reduction in the period of time during committal, including whether or not the focused success. This will require a high which the committal can be enforced. young person may be better served under level of service cooperation. The revised legislation seeks to ensure the Children, Young Persons, and Their As part of the implementation of this legislation, once it is enacted, the that this time period is within acceptable Families Act 1989. Ministry of Health will ensure that limits of detention (without committing Support people an offence) under the New Zealand Bill information about the process, practice Another change is the consideration given guides and workforce training will be of Rights Act 1990. to the inclusion of support people in the made available. Information for families The proposed duration of the committal process. The person under committal and people with addictions will also be period is eight weeks or until the person will be asked to nominate one or more available and promoted. no longer meets the criteria (usually support people, or one can be appointed. The proposed new legislation presents meaning capacity to consent is restored), Support people/nominated family are to be a significant change to the addiction whichever occurs first. In addition, there informed of what is occurring at each stage treatment sector and has been designed is the opportunity to apply for a further of the treatment process including absences, to improve the treatment process for eight weeks if there is evidence of a transfers, treatment plans and discharge those who have a severe substance brain injury. This is to allow time for plans. It is made overt that the views of the disorder. This change could not come appropriate assessment and for longer-term person and their family are to be taken into soon enough for the many family care and support to be arranged. At the account by clinicians while the interests of members who have struggled to navigate point someone is no longer under a the person under committal are paramount. the current system to get the support committal, they can continue to remain they so desperately need. in treatment voluntarily. Service implications Because people who require this level of Currently, the treatment options following RESOURCES intervention typically do require long-term a medical detoxification for those under a Submissions on the Bill closed on 27 April. The Health support, it is hoped they will stay engaged committal are limited to those services that Select Committee will report back to Parliament by in intensive treatment for as long as it is are gazetted under the Alcoholism and 15 September (at the latest). needed. A long-term discharge plan, Drug Addiction Act 1966. It is anticipated Read the Bill and background documents: developed in consultation with those that other facilities will be able to treat nzdrug.org/1QznUsy

www.drugfoundation.org.nz 35 Viewpoints

Lockout laws may be the next Should New Zealand weapon in New Zealand’s arsenal against late-night alcohol-fuelled violence. In March this year, make greater use doctors and the Australasian College for Emergency Medicine of lockout laws to called for their implementation, mainly to reduce the late-night violence occurring in emergency reduce alcohol harm? departments, often directed at staff. But just how effective are they?

The evolution of lockouts in Australia Melbourne was one of the first Australian continued to decline over time and are now half since the lockouts and a 20 percent decline in cities to experiment with lockouts as a three- what they were in 2008. Meanwhile, in Hamilton, the Sydney CBD. Independent evaluations have month trial. From June to September 2008, there has been little or no improvement despite shown large reductions in Police apprehensions the Victorian Labor Government enforced the the introduction of a 1am weekend lockout there for assault and emergency department ‘2am Lockout’ initiative to help curb alcohol- in 2010. presentations for alcohol-related injuries. related inner-city violence in the state’s capital. Sydney introduced inner-city 1.30am lockout The latest to introduce late-night liquor Licensees who breached the lockout by allowing laws in early 2014, largely in response to public laws, including lockouts, has been Queensland. patrons in (or back in) between 2am and 7am pressure after the ‘one-hit deaths’ of Thomas There, the State Parliament voted in a series of could be fined up to $6,800. Interestingly, Kelly in 2012 and Daniel Christie in 2013. measures in February 2016 that have taken of the 457 premises planned to be bound These were both incidents of alcohol-fuelled things yet another step or two forward. From by the lockout, 115 were granted exemptions. street violence, although both deaths occurred 1 July 2016, all Queensland pubs and clubs will Surveys of venues and patrons were much earlier in the evening than could have been have to call last drinks at 2am or at 3am in party conducted after the trial ended, and both prevented by lockout laws (at about 9 or 10pm). precincts. Shots will be banned after midnight, indicated the lockout had had little or no effect. and there will be no new approvals for bottle In fact, violent crime went up in Melbourne during shops to trade past 10pm – although existing the period – most likely helped by the fact that Basically, if you’re not in a approvals will remain. intoxicated patrons did have 115 other places Proponents argue this is in the public interest to go to in the city, and all of them were probably venue when the lockout starts, because the laws apply state-wide, meaning going to them at around 2am. you might as well just go home people in Queensland’s smaller centres can The Victorian Government abandoned the where you’re much less likely enjoy the same benefits as those living in bigger plan as a bad idea and instead gave greater cities and things are the same wherever you go. powers to the Director of Liquor Licensing to to start brawling. From 1 February 2017, 1am lockouts will be shut down problem areas if need be, such as rolled out in 15 ‘Safe Night Precincts’. These will a venue, a street or an area. be designated areas (including Brisbane and However, things went a little better in But Sydney took a step forward from the many other CBDs) that will be managed by local Newcastle, where, also in 2008, the New South Newcastle experiment. Rather than requiring boards to establish safer and better night-out Wales Liquor Administration Board required venues to close at 3am, the New South Wales experiences for patrons. These will really be 14 pubs in the CBD to close by 3am with a Government introduced ‘last drinks’ laws merely something to watch. 1.30am lockout. Alongside the lockouts, a requiring venues to stop selling alcohol at that But what’s interesting is that lockouts are package of other preventive measures were time. The argument was that, if patrons want not included at all in the first tranche of measures, introduced. The moves followed complaints to eat, listen to music or watch a striptease and even when they are applied six months or from the community and from Police about after 3am, without drinking more alcohol, they so later, they will only be used in the Safe Night late-night violence and disorder. should be allowed to do so. And of course, not Precincts. This appears to continue the trend The fact that the nearby similar city of requiring patrons to leave at a set time helped that, as thinking around how to control late-night Hamilton was not included in the decision stagger when people would be stumbling out alcohol-related violence in Australia has evolved, provides a good opportunity for comparison. onto the streets. lockouts have featured less and less prominently Assaults in Newcastle dropped a third in the It seems to have worked well. There has been – and that their effectiveness, especially as a sole 18 months following the restrictions. They’ve a reported 40 percent decline in overall assaults measure, is in question. AUSTRALIA 36 matters of substance May 16 Lockout laws have had a mixed run across and pissed-off trouble makers moving to minority. A plethora of venues is what the Tasman, and as we shall see, there are a new bar because they’ve been ‘asked to makes most great cities great, and lockouts a number of good arguments both for and leave’ the last one. Basically, if you’re not interfere with people’s ability to move against their use. in a venue when the lockout starts, you around and experience everything on The laws are usually applied to a city, might as well just go home where you’re offer. They say lockouts hurt businesses district or precinct by local or federal much less likely to start brawling. because new customers can’t come in, authorities. They stipulate that, come a As well as the above, proponents argue and people not being free to move around specified time in the wee small hours, they provide Police with specific times at means audiences at gigs can dwindle. every venue selling alcohol must refuse which to target street violence and protect But perhaps the most powerful entry to new patrons, regardless of peaceful patrons who want to quietly hang whether their licences allow them to out without being disturbed by a new argument against lockouts is that they continue selling alcohol. influx of rowdy revellers. do result in a lot of people being out on They’re designed to pour cold water However, opponents say lockouts are the street at the same time, many all fired all over the typical causes of alcohol- just one more example of the law-abiding up but with nowhere to go – and that can fuelled street violence, such as large majority having their civil liberties and be a recipe for the very violence we’re gangs of rowdy pub crawlers and pissed freedom of choice spoiled by a small trying to avoid.

Lockouts in New Zealand The famous Law Commission report that led eventually to New Zealand’s Sale and Lockouts are just one Supply of Alcohol Act 2012 recommended ‘one-way door’ policies (our wording for lockouts) more example of the law- be mandatory for all on-licences open after 2am abiding majority having as a harm-reduction measure. The Commission their civil liberties and noted that these had been implemented in Australia with varying degrees of effectiveness. freedom of choice spoiled Section 50 of the Act goes some way by a small minority. to accepting the Commission’s argument. Territorial authorities are allowed to implement one-way door restrictions either as a discretionary licence condition or to an entire district or area as part of their Local Alcohol Policy. A one-way door policy was implemented in Christchurch from October 2006 to March 2007 as part of the Christchurch Central Business District Alcohol Accord. It was voluntary and applied only on Thursday through to Saturday nights after 4am. A subsequent evaluation by the Alcohol Advisory Council (ALAC) found that, “Licensees also seem to have embraced while there had been some reduction in the policy, with their initial comments indicating offences on Saturday (and oddly Sunday) nights, they are getting better-quality customers late the overall goal of a 10 percent reduction in at night,” he said. alcohol-related crime was not met. It’s important WDC’s one-way door policy operates under to note that Police also increased their presence the authority of the Alcohol Regulatory and in the central city as part of the Accord, which may Licensing Authority, which has made it clear have accounted for the reduction in offences. that it is a “precautionary or trial measure” Whangarei District Council (WDC) was the and that WDC must do an evidence-based first to introduce a mandatory one-way door evaluation as to whether it is working effectively. policy across its central business district from Couchman says this evaluation is currently 7 April 2015. The policy covers 15 licensed under way. premises and is in effect between 1am and While the evaluation will undoubtedly closing time at 3am. contribute to our understanding of how well WDC Regulatory Services Manager Grant such policies could work in New Zealand, Couchman says that, after a year, Council and we will probably need a few more councils Police have both seen encouraging signs of a to implement and evaluate them before we safer community. can know for sure.

NEW ZEALAND www.drugfoundation.org.nz 37 Opinion

Photo credit: Cameron Price.

Telling it like it is

What does the world look like when kindness and concern for others triumphs over moralising and a punitive ideology? At the UN’s big drug hui, Drug Foundation rangitira Tuari Potiki set out a vision for a world where people get the support they need, not punishment. The speech was made on Thursday 20 April, under the auspices of UN resolution 70/181. TUARI POTIKI

38 matters of substance May 16 If you think just for a minute how would you want your son or daughter to be treated if they developed a problem with drugs, then the way forward becomes very, very clear.

Tënä ra koutou katoa included screening and then treatment same pattern in Australian Aboriginals, Ko Aoraki te mauka for hepatitis C. Native Americans, Native Hawaiians, Waitaki te awa You are here to discuss the world Alaskans, indigenous peoples from all drug problem, but many of you directly Käi Tahu te iwi over the world – high levels of drug use contribute to that problem by denying and high levels of drug-related harm. Ötäkou te marae your citizens access to the vital support It’s no accident. He mihi tënei ki a koutou aku rangitira such as harm reduction, the support that As indigenous people, we have the He mihi ano ki te mana whenua saved my life. You are actively blocking solution to our problems, including o tënei rohe progress towards providing help to those who most need it. I believe that, if you are our drug problems. In your outcomes Tënä ra koutou not part of the solution, then you’re part document, you rightfully acknowledged Greetings. Sometimes, when we are of the problem and that a major part of the the importance of the Declaration on the threatened, we go to war, and sometimes world drug problem are those countries Rights of Indigenous People, but that puts we go to war against our own people. that continue to block progress towards obligation on you to include us in your If we decided to wage war against cancer, compassionate, proportionate and discussions and policy decisions that would we do that by bombing the people health-focused responses to drug use affect us. So I ask that, from this UNGASS who have cancer? and drug users. forward, the unique perspectives and Many nations have joined up to wage So the first thing I ask for in standing views of indigenous and First Nations a war against drugs and have ended up before you today is to stop punishing people are sought and included. attacking and harming people who really people who need our help. We’ve got to are in need of our help and our support. stop criminalising people who need our Finally, if there is a war to be fought I started using drugs when I was 13 care and support. – and I believe that there is – it should years old, and when I was 28 years old, I am Käi Tahu Mäori from Ötäkou, be a war on poverty, on disparity, on a judge gave me a choice – to get help for Te Waipounamu New Zealand. We are dispossession and on the multitude of my drug problem or go to jail. That was the first people of that land. We have political and historical factors that have 27 years ago. I had a judge who could a history of colonisation, disposition left and continue to leave so many people see that the reason I kept standing before and deprivation, and deprivation vulnerable and in jeopardy. him was ultimately because of my drug has consequences. We also need to acknowledge that the use. He could see that I needed a health When we focus only on drug use, people we’re all here talking about are our intervention rather than a criminal justice on problems people present with, when sons, our daughters, our brothers and our one, and he sent me to treatment for my we don’t ask questions about the wider, drug problem. broader picture – the why – we can miss sisters. And if you think just for a minute And because treatment works, I stand so much. My problems didn’t start the day how would you want your son or daughter here today as Chair of the New Zealand I picked up a needle. They went much to be treated if they developed a problem Drug Foundation, as Director of Mäori further back. And this is a story you will with drugs, then the way forward becomes Development at Otago University and hear many, many times, and particularly very, very clear. as having not used drugs for 27 years. from indigenous people. Nö reira, tënä ra koutou and thank you. My journey was supported, like my In New Zealand, Mäori make up predecessor, by essential harm-reduction 15% of the population but are 51% of RESOURCES services, including opioid substitution our prison population, and 40% of those therapy with methadone. And it’s also are in there for drug offences. You see the Full address on YouTube: nzdrug.org/ungass-statement

www.drugfoundation.org.nz 39 Q&A

Q Why is it such a priority that we revisit drug use as a criminal matter is failing to treat laws and policy? it at all. Our job is to make the law and A Australia’s current approach to drugs decide whether existing laws are effective isn’t working. Although the existing policy or not. Clearly, in this case, the current is no tolerance, Australia still has one of law is failing, and it’s time for reform. the highest rates of illicit drug use in the This is why it’s critical that all members world. Change can only occur if we are of Parliament need to get in on the strong and have the difficult conversation. conversation. We need to work together We need to recognise there are people to review the current gaps in the law right across the country who want reform. and how we can make a real change to Australia used to lead the world in this the rates of illicit drug use in Australia. conversation, and the Greens want to In Portugal, when they took penalties away restart it. How can we better tackle the from individual users and destigmatised issues of illicit drugs? drug use, suddenly people were having It’s pretty clear that anybody who works honest conversations about it. People were in this sector and even people approaching more likely to admit to drug use because this from the law and order perspective they weren’t admitting to doing something recognise that treating drug use as a illegal, and that brought a whole lot of criminal problem isn’t working, and we benefits, like honest education and people need to start looking at it as a health issue. making better choices. If other countries Locking people up in jail without any plan can have the discussion at a national level for how to manage a possible addiction is and instigate reform, there’s no reason for senseless. It won’t remove the addiction, Australia to lag behind. and it won’t reduce the rates of use in the Q How can the widest possible group of community. It’s time to workshop new Australian citizens be brought on board? ways to solve the problem. A Talk about it. Let’s get drug reform Q What were the key messages you on the dining table topic list for all heard at round tables you convened Australians. Talk to your friends, your with Australian experts? family and your colleagues about the Dr Richard A The findings centred on several key need for reform and how the community themes. First and foremost, we need to can work together to solve the problem. Di Natale address the stigma around drug use and Raise the issue with your local member encourage people to come forward and of parliament, or write and show us your seek help. We need to foster social support. Drug use and addiction has Australian Greens leader connectedness and support people impacted many Australians either directly through their journey. or someone they know or love. This policy Dr Richard Di Natale worked The policy and law enforcement solutions impacts everyone, and it’s time we made as a GP before specialising also need to suit the spectrum of users, sure that it does what it intended to do – from occasional users through to use reduce the rates of illicit drugs and the in public health and alcohol associated with chaotic lifestyles and associated harm. significant negative consequences. and other drug roles. Elected Q What changes would you most like to see as Senator for Victoria in No user is the same, and social setting in the next few years? and influential factors must be considered. 2011, Di Natale now believes Timeliness of treatment is critical, and A It’s conceivable that we can achieve long waiting times need to be reduced. a significant shift away from criminal Australia’s drug laws are no penalties for possession of personal use Australia used to be a global leader in quantities so we are not wasting public longer fit for purpose. In harm reduction through the pioneering money on law enforcement and court work and success of needle exchange March 2016, he co-hosted proceedings. Instead, I am hopeful programmes in HIV prevention. It’s time a cross-party Parliamentary governments will recognise the need to shift away from the current risk-averse to invest significantly more in treatment, Drug Summit to begin a and punitive system and return to a focus rehabilitation and social supports. I also on the harm reduction and prevention national debate about the best believe we need to recommit to harm- that has proven successful. responses to illicit drug use. reduction strategies and initiatives like Q The recent drug summit you co-hosted replacing drug sniffer dogs with drug in Canberra was notable for being a testing at festivals and events, more cross-party initiative. Can MPs work effectively sharing information being together on these issues? collected by health and law agencies A The conversation about reform is one with users about drug quality and my parliamentary colleagues need to find making clinically supervised injecting the bravery to have, because treating drug facilities more available.

40 matters of substance May 16 mythbusters

Are the Head Hunters really teaming up with the Mongrel Mob and Black Power to sell methamphetamine to rich private school kids?

he government That sentiment was echoed by former recently released Gangs are working Black Power member Denis O’Reilly, a report that who said the government needed to “stop estimated that the together now in prisons and hyping up” and instead pursue a more long-term cost to out of prisons for a particular nuanced community-based approach to the taxpayer of cause, and that’s making a lot gangs that focuses on whänau. contact between of money. The Sensible Sentencing Trust put out T gang members and a statement supporting Ms Collins, saying their children and the Ministry of Social it “backs her and any Government Minister Development and Child, Youth and Family who is prepared to stand up to these is $714 million. In the latest Youth Health Survey, thugs”. It said that Denis O’Reilly should Responding to the report, Police less than 1 percent of students reported “front up with the cold hard facts or crawl Minister Judith Collins told ONE News ever using methamphetamine, and most of back under his rock”. that the Head Hunters gang is working those students reported only using it once. Opinions on various social media were with the Mongrel Mob and Black Power So it appears that Ms Collins’ claims critical of Ms Collins’ statements. One blog to distribute methamphetamine. are not supported by official statistics accused her of implying that the issue of “Gangs are working together now in released by the government. methamphetamine use “only really began prisons and out of prisons for a particular However, it may be the case that to matter once it started to happen to the cause, and that’s making a lot of money,” Ms Collins has seen reports that have not kids of the upper class”. Ms Collins said. been publicly released. Her comments She went on to say that the gangs are came on the same day that she announced using a strategy of targeting “middle class a multi-agency Gang Intelligence Centre. Denis O’Reilly should kids who go to the best schools … because Jarrod Gilbert, a sociologist at the “front up with the cold their parents have a lot of money”. University of Canterbury and author Ms Collins claimed that intelligence of Patched: The History of Gangs in hard facts or crawl back gathering had found that gangs were using New Zealand, was highly critical of her under his rock”. social media and branded products such as comments about gangs. hats and sweatshirts to market themselves. In an opinion piece published in the Drug Foundation Executive Director New Zealand Herald, Gilbert said he would Facebook comments on the original Ross Bell responded to Ms Collins’ statement resign from the University of Canterbury if ONE News story were broadly negative. by saying that it doesn’t stack up with Ms Collins’ claim that “close to one third “Suddenly it’s news when it’s ‘rich kids’ the statistics on methamphetamine use. of the prison population are active gang being targeted?” wrote one user. “Anyone He pointed out that, from a high members” was true. working in the field will tell you those kids point of 2.7 percent of the population in He said that her own data showed there in poorer environments (and often more at 2003, past-year use of methamphetamine are 4,000 gang members in New Zealand. risk) have been targeted for years and no had fallen to 0.9 per cent in 2014/15, Given the prison muster is over 9,000, news items about that.” (sic) a number that has remained constant that would leave only 1,000 active gang It’s difficult to produce a verdict on the since 2011/12. members out of jail, a number that veracity of the Police Minister’s claim that He also said that the majority of users Gilbert says “is not even remotely close gangs are teaming up to sell meth to private of methamphetamine are 25 to 35-year- to being true”. school kids via social marketing campaigns olds. In fact, the mean age of a user has He was also critical of her claims and clothing merchandise without having increased from 29 to 33 in the last two about selling methamphetamine to school seen all the evidence. However, it does years, according to the latest New Zealand children, saying it would be hard to find a seem that her claims were at least Health Survey. better example of “dog whistle politics”. sensationalist, if not a little mythical.

www.drugfoundation.org.nz 41

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