Swarbrick calls on Ardern to follow Biden's move over cannabis possession

What does the move mean for New Zealand? (Source: 1News)

Green MP Chlöe Swarbrick is calling on Prime Minister Jacinda Ardern to follow US President Joe Biden’s move on cannabis possession.

“It’s time for Labour to walk their talk and decriminalise, something which even the National Party had to accept during the cannabis referendum debate,” Swarbrick said.

Chloe Swarbrick.

It comes as US President Joe Biden announced he’s pardoning thousands of Americans convicted of "simple possession" of cannabis, as his administration takes a dramatic step toward decriminalising the drug and addressing charging practices that disproportionately impact people of colour.

According to the White House, the pardon could help thousands overcome obstacles to renting a home or finding a job.

"No one should be in jail just for using or possessing marijuana," Biden said.

Since Biden’s announcement, there’s been renewed calls in New Zealand for Prime Minister Jacinda Ardern to do the same.

Statistics from the Ministry of Justice show that between 1980 and 2022 more than 100,000 people have been convicted of cannabis possession and/or use in New Zealand.

Among those putting pressure on the New Zealand Government are Green MP Chlöe Swarbrick and the New Zealand Drug Foundation.

“Even the most ardent opposition to cannabis legalisation argued it shouldn’t be a criminal offence. Now even the birthplace of the “War on Drugs” is admitting they’ve failed.” Swarbrick said.

“The Misuse of Drugs Act is actively causing harm when we could be implementing evidence-based policy to reduce that harm. Our country continues to spend four times as much on criminal punishment than health-based approaches,” Swarbrick said.

Cannabis (file picture).

“As long as we retain the Misuse of Drugs Act, as long as we push these issues out of sight and out of mind, we cannot pretend we are taking a health-based approach to drugs in Aotearoa," she added.

In a referendum in 2020 New Zealanders voted narrowly in favour of recreational cannabis use remaining illegal in Aotearoa.

Health Minister Andrew Little wrote in a social media post today that the Government’s respected the referendum result.

“The decision on whether or not to legalise & control cannabis in New Zealand was made by referendum at the last election. The choice to decide by referendum was made in the coalition agreement between Labour & the Green Party in 2017. We have respected the referendum result.” Andrew Little said.

"We don’t have the sort of executive powers that POTUS has. Under our system of government ministers do not interfere in judicial decision-making. Parliament passes laws which judges apply. Parliament has signalled its expectations for how Police exercise charging discretion."

National's Justice spokesperson Paul Goldsmith says cannabis legalisation should be "off the table".

"New Zealand held a referendum on legalising cannabis just two years ago, so legalisation is off the table.

"Given the breakdown of law and order on New Zealand’s streets, I would expect the Government’s priorities for justice to be on addressing the increase in violent crime."

ACT Party leader David Seymour says he's against pardoning New Zealanders "for something that is still illegal".

"I voted yes in the referendum, because I do not believe cannabis prohibition has been a successful policy. However, the referendum failed and cannabis remains a Class C Controlled Drug that it's illegal to possess. I don't think it's right to pardon someone for something that is still illegal.”

Former Prime Minister Helen Clark took to Twitter to explain how she thinks New Zealand could pardon Kiwis convicted of cannabis possession in the past:

The New Zealand Drug Foundation is also urging the Government to follow Biden's move and pardon the thousands of New Zealanders convicted for possession of cannabis over decades.

Drug Foundation executive director Sarah Helm said the Ministry of Justice figures show that many thousands of New Zealanders had been convicted of low-level cannabis offences over the decades.

“It is time to create mature and evidence-based drug policy that seeks to reduce harm and improve health,” Helm said.

“We like to think of ourselves as a compassionate and fair nation, but our drug laws continue to ruin lives," she said.

Sarah Helm also said making cannabis possession illegal was a racist policy from the outset.

Te Pāti Māori said Biden's decision "is a global breakthrough for justice and highlights the shameful inaction of our government".

"41% of low level drug offences are Māori, despite using cannabis at similar rates to non-Māori. These laws are used as a racist tool of oppression. Aotearoa must decriminalise cannabis and wipe the slate on low level drug convictions, which would help people seek treatment for drug abuse without fear of the law and enable them to fully participate in society."

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