The case for a cannabis referendum


I personally support a referendum. I think it would be too divisive to pass legislation without first knowing whether that is even what New Zealanders want. And given the propensity of New Zealand politicians for partisan politics, I might reasonably hazard a guess that if such legislation DID get passed through any backlash would be seized upon as New Zealanders objecting to cannabis.

And here would be where the politics start. Let us suppose that that is what happened: a law gets passed through Parliament, catching most people unawares, someone finds out and goes to the media full of indignation about it. The legislation itself might be perfectly fine, but the fact that a party is attempting to force it through Parliament without going to “we the people” has suddenly caused a major ruckus. Being a small country, within a short time the whole of New Zealand knows that cannabis laws are being pushed through Parliament. One major party or the other is demanding a referendum to force the issue into the open where everyone can see it.

Before the referendum, we would need to have a formal debate about it where someone speaks for those who support cannabis and someone to speak for those who are against it. A medical practitioner, legal practitioner, a police officer and a Member of Parliament would would be my preferred composition of the panel to talk about the issues that society might be faced with.

The referendum would need to address some thorny issues, such as what forms of cannabis are going to be voted on. What will the question be? Will it be a simple majority of 51% vs 49% or will there need to be a super majority to ensure the vote is clear of any obstacles?

Some people might question the timing of a cannabis referendum. I do not. It is very clear to me that the “War on Drugs” both here and abroad has failed to achieve its goals and that the only responsible thing to do is to wind it up. It is also clear to me that the support for medical cannabis has swung substantially in favour of allowing its use for purely medical reasons. In saying that, we need to acknowledge the hugely damaging consequences of synthetic cannabis which is causing major problems both in New Zealand and abroad.

But the movement in New Zealand is growing. I personally am not sure whether legalization or decriminalization is better and to what extent it should happen. In the United States the number of people going to jail for being in possession of small amounts of cannabis has led to a burgeoning jail population. Minor criminals end up meeting major league players and becoming hardened criminals, some with a vendetta against society who come out more dangerous than they went in.

Video clips on Youtube of people who have been destroyed by synthetics show zombie like beings in weird postures, completely oblivious to what is happening around them, are disturbing. Sure there is a growing problem with synthetics in New Zealand as well, but for someone completely trashed on synthetic cannabis, a jail cell or – as would potentially happen in Singapore – execution is not the answer. A rehab clinic is. There is no place for executing people and the jail cells should be spared for the chemists (the ones who make the synthetics), the importers, the dealers.

But if we agree that a referendum on cannabis should only deal with low powered product that might induce a brief high, but nothing else, then I see a case for a referendum around it.

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