The New Zealand Law Commission was asked to address the efficacy of the Misuse of Drugs Act in reducing the demand for, and supply of, drugs prohibited under the International Drug Conventions. The Commission has recommended the existing Act be repealed and replaced by a new Act administered by the Ministry of Health. Justice Hammond said the thrust of the proposed new Act is to facilitate a more effective interface between the criminal justice and health sectors: “We need to recognise that the abuse of drugs is both a health and a criminal public policy problem.”
Alternative Development programmes have been widely discussed from the point of view of experts, technocrats, politicians and academics, with advocates and detractors debating whether such programmes contribute to decreasing the cultivation of illegal crops. However, little is known about the opinions of the people targeted by these programmes and the implications that they have for their daily lives.
Since first coming to public prominence at the end of 2009, legal highs have posed a major challenge to existing legal and legislative structures designed to deal with drugs. With the market in manufactured psychoactive substances like mephedrone moving faster than public policy can accommodate, this report asks whether the assumptions enshrined in the 40-year-old Misuse of Drugs Act (MDA) are still valid when applied 21st century drugs market.
There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (INCB) and several national initiatives that have inscribed a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences by the Sentencing Council of England and Wales, are continuing to explore the concept through policy processes.
Threshold quantities (TQs) for drug law and policy are being experimented with across many jurisdictions. States seem attracted to their apparent simplicity and use them to determine, for example, whether: a possession or supply offence is made out (e.g. Greece); a matter should be diverted away from the criminal justice system (e.g. Portugal); or a case should fall within a certain sentencing range (e.g. UK).