Drug Policy: Human Rights & Harm Reduction

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Oral Presentation on New Zealand Medicinal Cannabis Bill


Address to Health Select Committee:
Urging human rights amendments 
to the Medicinal Cannabis Bill

Last week the 2018 London Marathon was started a 71-year-old American Katherine Switzer.

50yrs ago she became the first woman to run a marathon.

Male runners pushed and barracked her.

A race official chased after her yelling:

 “Get the hell out of my race and give me those numbers!”

The official tried to pull the race number off her vest.

Afterwards a committee, like this one, met to decide whether it was appropriate for a woman to run the marathon.

The committee disqualified Katherine Switzer from the race, and from the US Athletics Federation because:

a) she had run with men

b) ran without a chaperone

c) ran more than 1.5miles

and they accused of fraudulently entering the race.

In the 1950/60s Anglophile countries adopted some shameful and oppressive laws – policies that infringed human rights and individual liberties.

Not only directing what woman can and cant do – Anglophile countries also had laws against:

– Gay and lesbian people who were criminalised and sent to prison

– Indigenous people whose children were rounded up and taken into care

– Black and Minority Ethnic communities who were forcibly segregated & excluded.

Laws that made drugs, homosexuality, suicide and abortion serious criminal offences.

By 2018 in most Anglophile countries these laws have been exposed, challenged & repealed.

But shockingly laws concerning drug policies have hardly changed at all.

The 1950s fear of the ‘Other’ (the Chinese, the Mexican, the Jamaican and people from BME communities ) and the different drug they used – led to an arbitrary list called ‘drugs’.

That list became the backbone of the 1961 UN Single Convention on Narcotic Drugs.

This list of ‘controlled’ substances was then incorporated in our NZ MDA 1975.

The MDA rooted in 1950s fallacy and misinformation was comprehensively reviewed by the NZ Law Commission in 2011

The first recommendation of the Law Commission was that the 40yr old MDA should be repealed:

“The Misuse of Drugs Act 1975 should be repealed and replaced by a new Act, which should be administered by the Ministry of Health” (R1 p.23)

But here we are 30th April 2018 and the MDA remains unaltered.

In respect of drugs we continue to be conned and coerced by the same 1950s policy propaganda that protects & promotes state approved drugs (alcohol, caffeine, tobacco and sugar) and encourages us to look with fear and disdain towards drugs on the 1961 UN list.

This distinction between government approved drugs and drugs banned by the state is based on political agendas and fallacy.

It’s not based upon science, pharmacology or evidence.

Today we have the opportunity to make a small, but significant, contribution to remove some of the harms caused by our archaic and draconian drug policies.

We can make minor amendments to allow people with chronic debilitating conditions to self medicate with a herbal plant that’s only been outlawed because in 1961 it was arbitrarily listed as a so called ‘dangerous narcotic drugs’.

This committee has an opportunity to be on the right side of history, as Aotearoa NZ has on so many other matters of human rights.

As a parent, for years I watched helplessly as my son had repeated life threatening grand-mal seizures. Seizures that were rarely controlled by anti-epileptic drugs – we tried everything.

But we were denied the chance of seeing if cannabis might control his epilepsy.

I was working as a probation officer at the time. I felt it was too risky for me to break law.

Maybe I made the wrong decision.

But I felt I couldn’t risk a drug conviction, I might have lost my job, it might have ruined my career, I could have been denied entry to the USA (where my sister and nephew live), and my application for employment and emigration to New Zealand may have been declined.

So I urge you, for people like my son, to extend the present remit beyond terminal illness and ensure anyone diagnosed with a chronic or debilitating conditions such as Epilepsy, PSTD, MS, Alzheimers, Parkinson’s etc are allowed access to pharmaceutical cannabis AND allowed to self medicate with home grown cannabis.

These patients should not be convicted or punished for trying to make their untreatable condition more bearable by self medicating with cannabis.

Most patients cannot afford expensive pharmaceutical cannabis products – even if they are subsequently made legally available.

They must be allowed to self medicate and grow their own cannabis – removing their need to engage in criminal networks.

Allowing these patients statutory defence, offers compassion,  but it also adds stress and uncertainty.  It risks dragging chronically sick people through the criminal justice system on drug charges with the possibility of reprieve.

A CJS which is more likely to disproportionately target poor people and the Māori population.

So we must, if we can, find a way to make it completely legal for these patients with chronic debilitating conditions to possess, grow and consume cannabis for medicinal use.

Thank you for reading my written submission, listening today and considering these important issues.

Julian Buchanan
30th April 201


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