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MPs weighed up decriminalising cannabis post-referendum

MPs who were in discussions about decriminalising cannabis talked to 1News. (Source: 1News)

When Mel and Gary had a knock on their cottage door early one September morning, they didn't realise it was an unwelcome visitor.

The police raid was targeting the couple's black market medicinal cannabis operation.

"It was a very stressful situation," Gary told 1News.

Mel says she was growing the cannabis to supply herself, her partner Gary who has multiple health issues, and some friends.

She was arrested and charged with multiple drug offences and lost her job as a result.

The couple believes it's obscene that New Zealand is still "aggressively" policing cannabis as many countries overseas are relaxing their laws.

"This war on cannabis is not right, it's archaic," Mel said.

In 2020 New Zealanders narrowly voted against legalising cannabis. Just under 51% voted no, with just over 48% voting in favour of legalisation.

The Government has refused to consider the decriminalisation of cannabis, claiming that would not be respecting the result of the referendum.

But following the 2020 referendum, a group of politicians from across the political spectrum have begun discussing the idea.

One of those was the Labour MP for Manurewa, Arena Williams, who told 1News that Aotearoa's drug laws and the lack of addiction support are frequent topics among South Aucklanders.

"The way I think about it is that criminalisation can be a harm in and of itself, that young Māori men are ending up on a pathway to prison and we need to make sure that they have options and are getting help when they need it," Williams said.

"I have thought about how we as a Government can get the most out of those changes we made in 2019.

"We gave police officers options around charging people with drugs charges, especially minor drugs charges. That seems to be working well but my interest is in making sure that that is the best pathway that it could be to healthcare, especially in South Auckland where we don't have a lot of options for people to access that primary healthcare for drugs."

Williams said when it is seen as a health issue, decriminalisation is likely a better approach.

"We've got to be thoughtful about the way that we approach that with people," she said.

"New Zealanders told us at the referendum that they didn't want legalisation so when we talk about decriminalisation, we have to say, 'Well, what does that look like?' and bring New Zealanders along with us.

"I don't think we're there at that conversation yet."

National's MP for Southland, Joseph Mooney, said he had discussed the topic with other MPs, but understood the public had sent a clear message during the referendum.

He said in his former career as a prosecutor and defence lawyer he saw many drug cases come through the courts.

"There's an issue there," he said.

"There's been de-facto decriminalisation at a prosecutorial level to an extent.

"You're seeing it with the police deciding not to prosecute people for minor cannabis use."

The ACT Party's deputy leader, Brooke Van Velden, said her personal view is that not only cannabis but all drug use should be decriminalised.

Te Pāti Māori are also advocating for cannabis decriminalisation, arguing people need to be able to seek help for drug abuse and addiction without fearing the law.

"Our current drug laws are only fit for purpose if that purpose is to continue to oppress and imprison tangata whenua," drug law reform spokesperson Debbie Ngarewa-Packer said.

"Aotearoa must decriminalise cannabis and wipe the slate on all low-level drug convictions. We need to be helping people to seek treatment for drug abuse and addiction without fear of the law and enable them to fully participate in society."

The Greens' drug law reform spokesperson, Chloe Swarbrick, told 1News the cross-party talks on decriminalisation collapsed, in part, because the National Party was regularly changing its leader.

She said even the opponents of legalisation in the cannabis referendum supported decriminalisation.

"The fact that we are still spending four times as much money on the criminal prohibition of drugs than we are on health-based interventions is ludicrous. It's mind-blowing," she said.

"I don't know a New Zealander out there who would be in favour of continuing the status quo."

Justice Minister Kiri Allan told Parliament this week that convictions for cannabis use and possession have fallen 48% - from 2565 to 1335 - since the changes regarding police discretion were made in 2019.

Allan said that last year 144 people were convicted of cannabis use or possession as their most serious offence.

She also admitted using cannabis herself in the past but said she couldn't remember exactly when.

"The last time, goodness gracious me, I'm not too sure but I certainly have used cannabis."

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