Decriminalise, depoliticise, destigmatise: New report says drug laws are ‘colossal failure’ that exacerbate harm

Foundation executive director Sarah Helm called the law “a colossal failure”.

“In the past 12-18 months alone, we have seen methamphetamine and cocaine use double, new potent substances enter the drug supply, communities overrun with drug harm, and 3000 New Zealanders criminalised for cannabis consumption.

“Our drug laws are unsafe and the status quo is untenable – things are only going to get worse if we fail to act.”

This is not a new perspective; the 2018 He Ara Oranga report into mental health and addiction had similar findings and recommendations, while those on the frontlines of drug harm have been consistently crying out for the MODA to be repealed and replaced, most recently in 2021.

Supporters of the status quo fear that such changes could lead to greater drug-related harm, particularly among young people, though this report contests that this has not generally transpired overseas; it depends, though, on what regulatory model is adopted and how well resourced it is.

There has been, and remains, no political appetite from the main parties for drug law reform.

NZ Drug Foundation executive director Sarah Helm says any law reform efforts must be coupled with significant investment in support. Photo / Michael Craig

‘Harms exacerbated by drug laws’

The qualitative research from the survey in the report is the first of its kind, though similar insights were provided to the He Ara Oranga inquiry.

A punitive law exacerbates the harms it seeks to prevent, survey respondents said, by entrenching stigma and social disadvantage.

Male European New Zealander aged over 65: “The harms in my case are entirely due to drug laws. They constrict my rights, choices and endanger me by generating crime. I realise that some people are harmed by using some drugs, but harms are exacerbated by drug laws.” Female European New Zealander aged 55-64: “The fear of seeking help for myself and others. I still remember dropping a friend off in a phone box after [dialling] 111.”Female, Māori/European New Zealander aged 35-44: “Somebody [I know] went to a doctor once [to] get help, and he asked her, ‘are you on any drugs, methamphetamine?’ She admitted to [using] methamphetamine. And he just said, ‘sorry, I can’t help you, go away’.”

“Participants described the ongoing impact of criminal records on employment, housing and whānau wellbeing,” the report said.

“The perception that drug law enforcement was harsh, arbitrary, and disproportionately targeted Māori was widespread.”

This latter point was suggested in a 2021 Ministry of Health report, which found Māori and non-Māori tended to be treated the same once they were involved in police proceedings for drug use. But Māori were over-represented in the number of people in those proceedings.

The ministry report was looking into the impact of a 2019 law change supportive of a therapeutic approach, which led to a decline in the number of drug-use proceedings. In recent years, it has spiked again.

How harm manifests

Millions of New Zealanders use substances regardless of their legal status, which is generally not reflective of the evidence about how much harm they cause.

Tobacco and alcohol, for example, are legal and lightly regulated, yet are among the most harmful of all substances.

Less objectively harmful drugs, such as LSD and psilocybin (magic mushrooms), are classified as if they were as harmful as methamphetamine, the most harmful illegal drug in New Zealand.

“Most people who use drugs will not substantially benefit from an immediate health intervention, as they do not have an immediate health need,” the report said.

This was suggested in the extremely low engagement rate for a police-referred alcohol and drug helpline, set up following the 2019 law change.

Drug use among adults has trended upwards over the past decade, according to the annual helth survey, while for those aged 15-24, it has increased for psychedelics, opioids and MDMA since 2022/23.

Drug use among adults has trended upward, with cannabis the most commonly used substance, followed by MDMA, psychedelics, and, more recently, cocaine. Source: Annual health surveyUsee of psychedlics, opioids and MDMA rose among those aged 15-24 from 2022/23. Source: Annual health survey

Any drug has the potential to cause harm, so the key issues are how this can be minimised and what has happened under the existing law?

The report found:

Increasing rates of fatal overdose: between 2016 and 2024, 1295 people died of accidental drug overdose. In 2024, there were nearly three fatal overdoses per week, while in 2023, the fatal overdose rate for Māori was twice that for non-Māori.Growing substance use disorder. In 2021–23, 11.2% of adults (around 470,000) were at moderate or high risk of problems/harms from illicit substance use, compared to 2016/17 when the proportion was 10.1% (around 390,000). High incarceration rates, particularly among Māori. In 2024, 4083 people were convicted of drug offences, two-thirds of them for drug possession/use. Nearly half (48%) of those convicted for drug use-possession were Māori.Increasing harm to Māori who, before MODA, were minimally involved in using drugs, according to a Board of Health report in 1970: “Excluding the Chinese opium smokers, the large majority of drug abusers who now come to official notice in New Zealand are New Zealand-born Europeans.”A growth in the volume and toxicity of the drug supply; unregulated drugs can be laced with something more dangerous, though since 2021, legal drug-checking services have somewhat mitigated this risk.The trend for overdose deaths has been increasing, according to Health NZ and coronial data.

What works to reduce harm

The report warns of the dangers of the commercial legal cannabis models in North America – parts of which are grappling with the consequences of high-potency THC consumables among young people – and instead favours the not-for-profit regulatory regimes in Uruguay or Malta.

“The evidence was clear that commercial models don’t work,” Helm said.

“They are successful at displacing the illicit market, but overall drive up health harms.”

The report said decriminalising all drug use has not, in general, led to an increase in drug use among young people.

“Most studies find no increase in use, and in some contexts, decreases in problematic or high-risk use have been recorded.”

Usage rates were regardless beside the point, the report said, which was to minimise harm.

Decriminalising automatically reduces the burden on police, courts and prisons, as well as some of the stigma and social disadvantage for those who might otherwise be caught in the criminal justice system for drug use.

“Where reforms are poorly implemented or contradicted by enforcement practices, the intended benefits are undermined,” the report said.

In Canada’s British Columbia, for example, decriminalisation did not reduce hospitalisations or deaths related to opioid or stimulant use.

The fall in drug-related deaths in Portugal, by contrast, is associated with well-resourced health services.

“Portugal’s two decades of experience of decriminalisation is compelling,” Helm said.

“Overdose deaths fell dramatically, HIV transmission rates plummeted, and the burden on the criminal justice system was eased, all without an increase in drug use. Portugal now has one of the lowest rates of drug-related deaths in the EU.

“Our report is very clear that any law reform efforts must be coupled with significant investment in support, including ringfenced funding for services designed and delivered by Māori, who have experienced the greatest harm from our current laws.”

Methamphetamine consumption doubled in the latter part of 2024, according to wastewater testing results. Source: PoliceWastewater testing has shown an increase in cocaine consumption in recent years. Source: Police

Arm’s length from politicians

The report looked at the benefits of heroin-assisted treatment in Switzerland, which provides a safe place and safe drug supply for heavy users; a similar approach has been suggested to tackle methamphetamine problems in New Zealand.

It also considered the therapeutic benefits of lower-harm substances (including MDMA, LSD and psilocybin), and recommended a new health agency – depoliticising the process – that can translate the latest evidence into harm-reducing regulation.

This would be a world-first. Canada has a health agency that can make legal exemptions for certain substances, but “these are still, however, administered at a high political level”, the report said.

Helm said the current law was a “lengthy legislative process, each time we want to put commonsense life-saving measures in place”.

The new agency would need to be flexible and health-focused, so it could decriminalise a substance and regulate any products, depending on evidence as it emerged, the report said.

“A pragmatic approach could begin with decriminalisation, expansion of psychedelic-assisted therapy, and community-led models adapted to local contexts.

“Any reform must recognise Māori sovereignty over native psychedelic species, ensuring regulation is grounded in te Tiriti obligations while protecting public health and reducing harms associated with prohibition.”

Asked about any plans to review the MODA, Health Minister Simeon Brown said: “New Zealanders overwhelmingly voted for a Government that would strengthen law and order in this country. Liberalising drug laws would do the complete opposite of that.”

Helm hoped the report would at least start a conversation among decision-makers.

“Everyone can see that the status quo is completely untenable – we need to do things differently.”

Recommendations:

Decriminalise drug use as a foundation for changeRedirect resources to health in an equitable wayEstablish harm reduction as responsive public health infrastructureEnable responsible regulation of lower-harm substancesUphold te Tiriti and protecting taonga

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Derek Cheng is a senior journalist who started at the Herald in 2004. He has worked several stints in the press gallery team and is a former deputy political editor.