Norml News Winter 2005 by NORML New Zealand Inc

WINTER 2005 N O R M L NeWS

N O R M L N e W S WINTER 2005

NORML NeWS

PUBLISHED BY NORML NZ INC.

CONTENTS

WINTER 2005 VOL9.3

PO Box 3307, Auckland, Aotearoa/New Zealand Phone: 09 302-5255 Fax: 09 303-1309 Email: info@norml.org.nz Website: www.norml.org.nz 50,000 FREE COPIES PRINTED JULY 2005 editor & design: Chris Fowlie contributors: Harry Cording, Will de Cleene, Nandor Tanczos, Mils Rathbone, Sandra Murray, Duncan Eddy, Simon Wallace, Bart Acres, Matt Bowden, Nick Keesing, James Dee, The Jawa, Finster, Rob Clarke, and our webmaster Dr Stuart Young. Contributions are welcome - send us your letters, photos, articles, ideas, cartoons, news clippings, comments, grow tips, recipes... anything you’d like to see in Norml News. Include a SAE if you would like your contribution returned. Thanks to: our advertisers, and www.- drugpolicycentral.org for hosting NORML’s website. Printer: Webstar on 57 gsm glossart advertising: Ph 09 309 8653 or email news@norml.org.nz distribution: Mailed free to NORML members (join on p30) and available while stocks last at selected outlets including: WHANGAREI Pied Piper SILVERDALE Northern Hydroponics AUCKLAND The Hempstore, Switched On Gardener, Pipe Dreams, Now & Then, Easy Grow, Sharkies, Brazil, Verona, Real Groovy, 4:20 Easy, Professional Hydro PUKEKOHE Stones Bones & Harmony PAPAKURA Revenge Records HAMILTON Frankton Pipe Shop, Green Party, Switched On Gardener THAMES Boot’s N All, Crystal Ball Clinic COROMANDEL Boca WHANGAMATA Garuda TAURANGA Curiosity, U Grow MT MAUNGANUI Antipodes ROTORUA Skingraft NAPIER Pukana TAUPO Tandy’s NEW PLYMOUTH Guru Gardener, Skin Design Tattoo, Trick or Treat WANGANUI Discount Smoke Shop PALMERSTON NORTH Lotz of Pots, Go Legal WELLINGTON Cosmic Corner, San Jewellery, Comrades, Lo Cost Records (Petone) Switched On Gardener (Upper Hutt) NELSON Artery, Gizmo’s, Switched On Gardener, Yaza, Zippys TAKAKA Invisible BLENHEIM Boots ‘n’ All RANGIORA Rock Shop GREYMOUTH Planet Funk CHRISTCHURCH Cosmic Corner, Hydrostore, Avon Backpackers, Alice in Videoland, C-1 Espresso, Central Surf, Globe Cafe, Java Coffee House, Radar Records, Wyrd QUEENSTOWN Play It Again DUNEDIN Arc Cafe, Cheapskates, Community Law Centre, Cosmic Corner, Croque O Dile Cafe, DIVO, Funk That!, Governors, Hemphatic, Mazagran, Modaks, Outre, Tangente, The Percolator, Radio One, Records Records, Sanctuary INVERCARGILL Play It Again, Large As Life Tattoos.

Additional copies are available for distribution. Printing Legal Disclaimer: The views expressed in NORML News may or may not be the opinion of Norml News, NORML New Zealand Inc, our advertisers or printers. NORML News is provided ‘as is’, for your information only, with no warranty of any kind, either expressed or implied. The publisher assumes no responsibility for and disclaims all liability for any inaccuracies, errors or omissions. Content within NORML NEWS is distributed without profit or payment for “fair use” non-profit research, review, education and information purposes, in accordance with the New Zealand Copyright Act. NORML News and our publisher are not responsible for the content of advertising contained within. Publication of an advertisement does not imply our endorsement of any particular product or

LEGALISE IT! The National Organisation for the Reform of Marijuana Laws (NORML NZ Inc) is a non-profit organisation that has campaigned to end marijuana prohibition since 1979. NORML supports the right of all adults to possess, use and grow their own marijuana. We recognise that a market for marijuana will always exist, and we call for the establishment of a Commission of Inquiry to look at how best to regulate that market. Our aims are to: • reform New Zealand’s marijuana laws • provide information about cannabis • engage in political action appropriate to our aims • inform people of their rights • give advice and support to victims of prohibition

This issue

Vote & Legalise in 2005! NORML’s Election Guide 4 Dread in the House by Nandor Tanczos 6 Drug policy evidence sacrificed by Mils Rathbone 8 International News by Harry Cording 10 Research News by Will de Cleene 12 Dunedin Debate by Simon Wallace and Bart Acres 14 YOU can help end prohibition by Duncan Eddy 15 Show Your Grow 16 The beginning of a sensible drug policy? by Matt Bowden 18 Cannabis Cup by Chris Fowlie

Special thanks to: WINTER 2005 N O R M L NeWS

Help end prohibition Our Agenda for cannabis law reform

The Anti-Prohibitionist’s

Stop arresting cannabis users: The Government should immediately declare a moratorium on arresting cannabis users. Every day another twenty cannabis users are made criminals. Decriminalisation: remove all penalties for the use, possession and cultivation of cannabis by adults for personal use and the non-profit transfer of small amounts. The draconian search provisions of the Misuse of Drugs Act should be removed and criminal records for cannabis offences wiped. Regulation: A commercial market for marijuana will always exist, and it is better to control that market by law than to leave it to organised crime. We support the introduction of Dutch-style cannabis cafes. Taxes could be dedicated towards funding drug education, treatment and prevention programmes. Overseas experience shows cannabis law changes have not been associated with an increase in use. Reasonable restrictions: As with alcohol consumption, cannabis use should be limited to adults. Driving or operating heavy machinery while under the influence should remain prohibited. NORML has attempted to define acceptable conduct with our ‘Principles of Responsible Cannabis Use’ (see page 13). Harm minimisation: All drugs, including cannabis, can be abused. Cannabis policies should discourage irresponsible use, including use by adolescents. Only in a climate where marijuana is viewed from a public health perspective, instead of a criminal justice perspective, can prevention efforts be effective.

Election Guide

FROM THIS...

CANNABUS COMiNg

NORML’s CannaBus is nearing completion and will hit the road soon. We still need some help with repairs, and donations to pay for it! We also want your ideas for the exterior design and signwriting. One example is below - please send us your ideas, donations or offers of help.

TO THIS? or something like it...

N O R M L N e W S WINTER 2005

Here are our recommendations for your Electorate Vote There is support for ending cannabis prohibition across the political spectrum. These candidates get our tick because they’re generally supportive of law reform, or in some cases they’re the best of a bad bunch. We have omitted some electorates that do not have any good candidates that we know of. Auckland Central Nandor (Greens) of course! Banks Peninsula Ruth Dyson (LABOUR) or Rod Donald (GREENS) Bay of Plenty anyone but Tony Ryall (NATIONAL) Christchurch Central Tim Barnett (LABOUR) gets the tick Christchurch East David Round (NATIONAL) Clevedon Dave Hereora (LABOUR) Coromandel Jeanette Fitzsimons (GREENS) Dunedin North Pete Hodgson (LABOUR) East Coast Catherine Delahunty (GREENS). Epsom Rodney Hide (ACT) or Keith Locke (GREENS) Hamilton East Dianne Yates (LABOUR) Hamilton West Martin Gallagher (LABOUR) Helensville John Key (NATIONAL) Hutt South Trevor Mallard (LABOUR) Ilam Marc Alexander (UNITED FUTURE) gets a surprise tick! Mana Winnie Laban (LABOUR) Manurewa Not Matt Robson! (PC) Maungakiekie Mark Gosche (LABOUR) Mt Albert John Carapiet (GREENS) or Helen Clark (LABOUR) Mt Roskill Phil Goff (LABOUR) supports decrim but also displays some worrying redneck tendencies Napier former Norml-listed lawyer Russel Fairbrother (LABOUR) Nelson Mike Ward (GREENS), not Nick Smith (NATIONAL) North Shore Michael Murphy (LIBERTARIANZ) Northcote Ann Hartley (LABOUR) Northland Sue Bradford (GREENS) Ohariu-Belmont NOT Peter Dunne (UNITED FUTURE). Vote for Roland Sapsford (GREENS) or Colin Cross (LIBERTARIANZ) Otaki Darren Hughes (LABOUR) Pakuranga Maurice Williamson (NATIONAL) Palmerston North Steve Maharey (LABOUR) Port Waikato Paul Hutchison (NATIONAL) Rangitikei Simon Power (NATIONAL) Rodney Sally O’Brien (LIBERTARIANZ) Rongotai Gavin Middleton (ACT) or Annette King (LABOUR) Rotorua Steve Chadwick (LABOUR) Taranaki-King Country Maryan Street (LABOUR) Tauranga Margaret Wilson (LABOUR) Te Atatu Chris Carter (LABOUR) Wairarapa Georgina Beyer (LABOUR) Waitakere David Clendon (GREENS) Wellington Central Michael Appleby (ALCP) or Sue Kedgley (GREENS) West Coast-Tasman Ken Shirley (ACT) Whangarei Helen Hughes (LIBERTARIANZ) Wigram not Jim Anderton! (PC) Tamaki Makaurau John Tamihere (LABOUR) Te Tai Hauauru Tariana Turia (Maori Party) Te Tai Tonga Metiria Turei (GREENS), we wish our best to the former secretary of Norml.

PARTY VOTE

Aotearoa’s cannabis community is 500,000 strong, and with that many supporters, we have the potential to be a powerful influence in New Zealand politics - if we act together. More than 100,000 people have been arrested for cannabis “crimes” under the current government - and more than 85 per cent are for small personal amounts. Don’t let this injustice continue! NORML strongly urges you to enrol and vote this election, for candidates and parties who will work to end cannabis prohibition.

Aotearoa Legalise Cannabis Party

Voting for ALCP sends a “pro reform” message to other parties and MPs that there is support for law reform. However, a vote for ALCP is unlikely to affect the composition of

The Green Party

Out of any party in parliament, the Greens are the only ones to consistently advocate law reform. The Greens are the best chance we have of changing the law, but they need more MPs to be really effective.

would legalise cannabis, with regulations and taxation similar to alcohol.

would decriminalise cannabis, allowing adults to grow and possess their own without penalty.

The Libertarians legalise all drugs.

would

Great policy that sends a message to other parties, but unlikely to make 5% threshold.

Act The Liberal Party

Leader Rodney Hide and about half the party support legalisation; the other half are “tough on crime” types.

Labour

Leader Helen Clark supports instant fines like parking tickets, and there is a lot of support among individual Labour MPs.

Around 100,000 people have been arrested for cannabis “crimes” under Labour. Sympathetic to reform, but they will advance reform only if they have to (eg the Greens

The Maori Party

does not have a cannabis policy. Co-leader Tariana Turia is supportive.

Maori candidates and MPs need to be challenged as to whether they support the current racist and unjust law.

New Zealand First would do whatever it thinks would be popu-

Winston has promised to hold a referendum on the issue, and uphold the result.

National

says it opposes law reform but would probably let it’s MPs exercise a free vote.

Don Brash says he’s open minded and “agnostic” about cannabis, but most National MPs would oppose law reform for political

United Future

They’ll try and take credit for “stopping cannabis liberalisation”; the reality is their policies have failed and ideas are stale.

doesn’t have a drugs policy.

is opposed to any law reform, despite Peter Dunne admitting the law does not work..

HOW TO ENROL TO VOTE You must be enrolled in order to vote in the election. How to enrol to vote: online at www.elections.

org.nz or get a form from any PostShop, library, court house or local council office. Phone the Electoral Enrolment Centre on 0800 ENROL NOW (0800 36 76 56) or text your name and address to 3676. Your last chance to enrol before an election will be at any PostShop or Registrar of Electors office up to close of business on the day before Election Day. You can also post your enrolment form but the envelope will

VOTE to legalise! 0800 ENROL NOW (0800 36 76 56)

elections.org.nz WINTER 2005 N O R M L NeWS

DreaD in the House By nandor Tanczos Green mp

Not voting

is a vote for continued cannabis prohibition Last election cannabis law reform was snatched from us. If you don’t want that to happen again, make sure that you and your friends are enrolled and that you vote. The Greens are the only party in Parliament with a commitment to cannabis law reform and a commitment to sensible drug policy. We were instrumental in getting regulations for ‘party pills’ and in the development of evidence-based guidelines for drug education in schools. We also got legislation to wipe minor convictions after seven years without reoffending. Help make cannabis law reform happen. Get enrolled, get informed, get active. See www.greens.org.nz for more info.

N O R M L N e W S WINTER 2005

I have finished drafting a private members bill to partially decriminalise cannabis.

If it becomes law, adults caught with personal amounts of cannabis would get an instant fine of around $100, rather than a criminal record. A personal amount would mean up to an ounce of cannabis, or up to 5 plants in your own home, as long as they are not for selling. Until now, I have always opposed ‘instant fines’. It is still punishing you for something that should be an adults choice to do, or not. Secondly, it doesn’t address many of the problems caused by cannabis prohibition. I decided to try to do it anyway, because it does deal to one of the biggest problems – the 20 000 or so criminal convictions for cannabis each year. Instant fines will mean that adults caught with small amounts of cannabis will no longer have all the problems that come with a criminal record. I also think that we are some years away from more significant reform. but I am fairly confident that we can get the votes for ‘instant fines’. The biggest danger of ‘instant fines’ is the net-widening effect. Where police might now give a warning, if they can write out a ticket they will, increasing the numbers of busts. It can become a revenue generator. This will not happen if we remove police search without warrant powers. My bill would do that. I have been asked why I left it so long. I hoped we could do better than instant fines. I hoped that the Justice and Electoral committee would take up the job it was asked to do by the Health Committee and come up with an agreement on law reform. It has refused to do that. Whether my bill goes before parliament is randomly chosen That’s because the Greens are not part of Government and it is a members bill. If it doesn’t get drawn, it could be the basis of negotiation after the election. That’s why your vote is crucial this election. Only a Labour / Green Government will make it likely that cannabis law reform will happen anytime soon. Only a party vote for the Green Party will help. Giving your party vote to any other party – Legalise Cannabis Party, Labour, Act, or National, is a vote for prohibition to continue, because it will reduce Green influence. You have to use YOUR vote to make sure that the Greens have enough power to get the job done.

GREEN CROSS Medicinal Cannabis Support Group of NZ (Inc) PO Box 27-209 Mt Roskill, Auckland Email: billymckee@xtra.co.nz Phone: Billy 06 368 8181 - anytime

www.greencross.org.nz

It still doesn’t work. “The current prohibition regime is not effective in limiting cannabis use ... It also facilitates the black market, and potentially exposes cannabis users to harder drugs.” - NZ Health Select Committee Inquiry into the public health strategies and legal status of cannabis, August 2003. It’s time to stop arresting marijuana users.

* HEMPHATIC NZ * Wholesalers & Retailers

175 George St, Dunedin Ph (03) 4779 851 Fax (03) 4779 872

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WINTER 2005 N O R M L NeWS

Major studies back law reform

Since the 1970’s, more than a dozen Government-level commissions, including in the United States, Britain, Canada, Australia and New Zealand, have reviewed the scientific evidence of the effects of marijuana. Without fail, their conclusions have been consistent: marijuana prohibition causes far more social damage than marijuana use, and possession of marijuana for personal use should no longer be a crime. The passage of time has done little to sway these expert’s minds. Consider the final conclusion of Britain’s 1968 Advisory Council on Drug Dependance (the ‘Wooton Report’): “In considering the scale of penalties, our main aim, having regard to our view of the known effects of cannabis, is to remove, for practical purposes, the prospect of imprisonment for possession of a small amount...” The UK Police Foundation reviewed their Misuse of Drugs Act in 2000 and recommended “prison should no longer be a penalty for possession.” In New Zealand, parliament’s health select committee has in recent years issued three reports about the legal status of cannabis. “Based on the evidence received, we recommend that the Government review the appropriateness of existing policy on cannabis and its use and reconsider the legal status of cannabis.” - Inquiry into the Mental Health Effects of Cannabis, 1998. “It is clear that current policies do not deter cannabis use to any great extent ... Methods other than prohibition certainly deserve consideration.” - Report on Petition 1996/686 of Judith Anne Wickham & 326 others, 10 June 1999. “Legalisation would provide the opportunity to tax what is reportedly a thriving cannabis business and to direct the additional revenue toward treatment and education.” - Inquiry into the public health issues and most appropriate legal status of cannabis, August 2003. Unfortunately, these findings and recommendations have largely fallen upon deaf ears. They are dismissed by the very governments that appointed them, because they did not reach the conclusions they wanted. This reflects the unfortunate reality that cannabis prohibition is perpetrated not by science, but by emotion and rhetoric. No scientific record has ever justified prohibition, and never will, regardless of how much money is spent trying to find marijuana’s supposed dangers.

N O R M L N e W S WINTER 2005

Drug policy evidence sacrificed Evidence-based policy has been subverted by a politicized moral entrepreneurial approach to drug policy, writes Mils Rathbone. In 2000 an amendment to the Misuse of Drugs Act 1975 (MDA) created the EACD (Expert Advisory Committee on Drugs), who classify drugs as to their threat to individual and societal safety. Despite this legislation providing a set of evidencebased criteria for assessing drug harms, with regard to cannabis the process has subsequently been eroded by political horsetrading; ending in the travelling circus with Jim as ringmaster. First evidence of this was Labour and United Future’s deal after the last election whereby any mandate to reform prohibition laws was undermined. Hence, despite clear evidence from the 2003 Health Select Committee that prohibition had not only failed but was actually generating harms, no action was taken other than shuffling the Committee’s Report sideways to the Justice and Electoral Committee, where it languishes to this day. The most recent MDA amendment (#3) has also introduced a kind of ‘non-return valve’ into the classification process whereby drugs can be readily classified as more harmful by the EACD but not re-evaluated as less harmful by that committee. A declassification can only occur through an Act of Parliament. Thus the fate of sensible drug policy is kept firmly clasped in the hands of moral entrepreneurs like Anderton. Lest these accusations against the Associate Health Minister are seen as mere sour grapes by the pro-reform lobby, it is useful

$56 million

spent every year enforcing cannabis laws

to consider the potential conflicts of interest facing Jim. This is of course election year, a time when all politicians need to be on their metal. Even more so a senior politician like Jim, whose party of two is potentially facing political oblivion. With the issue of recreational drugs being seen as his cause celebre, and with the media feeding frenzy over ‘P’, Nos and BZP, Jim stands to gain much from adopting a populist stance on this issue. Certainly in his own electorate and city (Christchurch), NOS and BZP have provided plenty of political traction, to the extent that Nitrous Oxide, used safely since the 17th century, has now been banned. As Dr Alex Wodak, former Chair of the International Harm Reduction Association, remarked “Prohibition is a form of political viagra, increasing the fading potency of aging, mostly male, politicians.”

NZ has world’s highest pot use & arrest rate New Zealand has the world’s highest reported rate of using cannabis, and also the highest rate of being arrested for it. Recent figures from the Christchurch health and development study show that almost 80 per cent of 21-year-olds have tried cannabis. Official government stats show that more than half of people aged 15-45 have tried cannabis. Labour came into power in 1999 talking about ending cannabis prohibition, but the arrests have continued, and pot smokers still make up around 85 per cent of all drug busts, Another kiwi is arrested every 35 minutes on average. Most are people arrested for small personal amounts. In total, an estimated 84,509 people have been arrested on 123,243 charges, in

the six years since Labour came to power. For our population, this gives New Zealand the highest cannabis arrest rate in the world - and more than twice the rate of the runner up, USA.

New Zealand Drug Offences Year only 1998 %) 1999 %) 2000 %) 2001

Other drugs

Cannabis-

1583 (5.9 %)

25309 (94.1

1640 (6.2 %)

24687 (93.8

2070 (8.4 %)

22660 (91.6

2212 (8.9 %)

22740 (91.1

www.norml.org.nz

WAR HYPOCRISY:

PHOTO: CHRIS FOWLIE

alcohol, tobacco and cannabis laws

a comparison of

Alcohol Drinkers

Tobacco Smokers

Marijuana Smokers

Can use and possess in private and in public

Can use and possess anywhere subject to provisions of the Smokefree Environments Act

Subject to criminal penalties, having their homes ransacked and property stolen.

Legal age of 18 to purchase alcohol from licensed outlets. Parents can give to children at any age. Production standards, labelling and hygiene monitored by authorities.

Legal age of 18. Can purchase tobacco from any outlet that chooses to sell them. Production standards, labelling and hygiene monitored by authorities.

No legal age. Parents cannot give to children at any age. Cannabis readily available from illegal sources. Production standards, labelling and hygiene uncontrolled.

Taxation on sales funds any adverse effects to user or community. Public health strategies preferred over criminal sanctions to minimise harm.

Adverse effects suppressed by criminal status, harmful effects to community created by prohibition. Punishment is preferred strategy.

Users have right to privacy and to keep a personal supply. Can home brew any amount of alcohol for own use and or to share.

Users have right to privacy and to keep a personal supply. Can grow any amount of tobacco for own use and to share.

Users have no right to privacy nor to keep a personal supply. Cannot grow any amount. Subject to draconian search powers.

Property secure from seizure.

Property and assets secure from seizure.

Parents can drink without fear of kids being taken away. In a divorce, drinking parent generally given preference over pot-smoking parent.

Parents can smoke tobacco without fear of kids being taken away. In a divorce, tobacco smoking parent generally given preference over pot-smoker.

Property and assets may be seized by police.

Not urine tested. Can drink on own time.

Not urine tested. Can smoke even while working.

Parents cannot smoke without fear of kids being taken away. In a divorce, pot use often used against pot-smoking parent. May be urine tested, and fired even if using on own time.

DEATHS IN NZ PER YEAR: ALCOHOL 500; TOBACCO 5000; CANNABIS 0

WINTER 2005 N O R M L NeWS

WORLD NEWS EDITOR HARRY CORDING

iNtERNAtiONAL NEWS

Tough talk in UK election cam-

ROB CONNELL CLARKE

The UK’s experiment with relaxed cannabis laws is under threat, with home secretary Charles Clarke appearing determined to reverse the decision of his predecessor David Blunkett to effectively decriminalise small amounts of cannabis.

Death for pot in Singapore

By now most of the world knows who Schapelle Corby is, but another recent example of the ugly face of prohibition has gained far less publicity. In Singapore Shanmugam Murugesu was executed for trafficking 1029.8 grams of marijuana. On Friday the 13th of May the 38-year old former soldier, jet ski champion and father of two was hanged. Singapore has some of the world’s toughest laws against drug trafficking. Death is mandatory for trafficking more than 15 grams of heroin, 30 grams of cocaine, and 500 grams of cannabis. A person caught with illegal drugs is assumed to be trafficking, putting the burden of proof on the accused. Singapore is keen on executions - between 1991 and 2003 this country of just over four million put more than 400 people to death, according to Amnesty International. Many of these executions were for so-called drug crimes. Murugesu was the first death row convict whose family agreed to go public and be actively involved. His 14-year-old twin sons, Gopalan and Krishnan, handed out leaflets on the streets asking people to write to the government to save their father. Although his death was ignored by the same media that gave sensational coverage to Schapelle Corby, Murugesu achieved a far higher profile in Singapore than most people who are executed there. Families of death row convicts generally avoid publicity because of the stigma of having a family member in prison. A candlelit vigil for Murugesu attracted about 100 people - activists, opposition politicians and ordinary citizens. An open mike session at the vigil was abruptly ended just after the first speaker began, because plainclothes police told organisers to cancel it. While awaiting execution, Murugesu played an active role in Singapore’s small but dedicated anti-death penalty movement. Shortly before his execution he released information on eight other convicts waiting to be hanged at Changi Prison - information that was not otherwise available. He said he did not want them to die in isolation.

For the latest news & information see

www.norml.org. 10

N O R M L N e W S WINTER 2005

Cannabis was downgraded from class B to class C in January 2004, which meant most people would not be arrested for possession. In the run-up to the election Clarke asked the Advisory Council on the Misuse of Drugs to investigate reports of a link between cannabis use and mental health problems. This followed publication of several studies - including two from New Zealand - which suggested heavy users may develop a paranoid reaction. But Clarke still seems bent on raising the classification of cannabis even if advisers find there is no evidence of a health risk. He reportedly is concerned that the change to Class C led to more people using cannabis, although a study by the Independent Drugs Monitoring Unit have found that regular use fell to just 0.5 percent in 2004, down from a high of 45 percent in 1998. Mental health charities said changing the classification would not stop people using

cannabis but instead put more of them in jail. Turning Point, which provides support for people with drug and alcohol problems, supported the original change to Class C. Its chief executive, Lord Adebowale, is a committee member and said any decision to review the drug’s status should be based on “clear, hard facts and not conjecture”. Another committee member, The Rev Martin Blakeborough, said he would be “very surprised” if it decided to urge a reversal. Scotland Yard chief Sir Ian Blair said the law should not be reversed to crack down on dope smokers. The Metropolitan Police Commissioner said: “It’s a waste of time, in terms of policing, to deal with small amounts of cannabis.” If the government reverses the downgrading of the drug, he said he would push hard for “spot fine” penalty notices rather than arresting people.

British Hydro Boom

Sales of domestic hydroponic kits in the United Kingdom are booming. Not, the Independent newspaper reports, because of a renewed interest in state-of-the-art gardening techniques. Rather the phenomenon has been attributed to an ever-increasing number of older middle-class citizens choosing to grow their own marijuana rather than having to deal with the criminal element more commonly associated with illegal drugs. In 2003 a report by professor of criminal policy Mike Hough, at King’s College, predicted that

Cannabis medicine in Canadian pharmacies Canada was the first country in the world to approve Sativex, a cannabis-based pain medication for use with multiple sclerosis. Sativex, an under-the-tongue spray containing a cannabis extract, was approved last April for prescription use and recently reached the pharmacies. Sativex was developed by GW Pharmaceuticals of Britain and is marketed in Canada by Bayer HealthCare. It is dispensed in a 50-dose container at a cost of approximately $120 Canadian. Research into Sativex discovered that the drug also reduces pain-related sleep disturbances.

they said it... “It breeds disrespect for the law when - and usually we are talking about young people - end up with a conviction for doing something that most others around them are doing and it wipes their prospects.” - PM Helen Clark, 16 March 2000, Evening Post “You can’t have prohibition. The law is broken every minute of the day.” - Health Minister Annette King, The Press, 23 June 2000. “I did try it when I was a university student in the 1970s.” - United Future leader Peter Dunne, The Press, June 23 2000. Mr Dunne said the current law was not working… Evening Post, 8 June 2001. The present law “could be seen to be heavy-handed.” United Future MP Judy Turner, The Independent, 23 July 2003 “I’m not persuaded that a drug like cannabis needs to be a heavy criminal activity in the eyes of the law.’” - Helen Clark, BBC/New Zealand Herald, 14 July 2003. “Criminalising young users does nothing to deal with what is initially a health issue. I would vote for a law which places cannabis on the same place in the regulatory system as alcohol and tobacco.” - Labour’s Tim Barnett, Christchurch Central MP, The Press, June 23 2000.

WINTER 2005 N O R M L NeWS

RESEARCH news

BY WILL DE CLEENE

Study show risk of cancer lower for cannabis users than non-users

Even heavy longterm smoking of cannabis is not associated cancer of the lung, upper airwaves, or esophagus, according to a case-control study by Dr. Donald Tashken presented to the annual conference of the International Cannabinoid Research Society.

Coming from Tashkin, this conclusion had extra significance. Over the years, Tashkin’s lab at UCLA has produced evidence of the damage cannabis users was slightly lower than for that marijuana smoke wreaks on bronchial non-users. tissue. It is Tashkin’s research that drug Similar results were obtained for the other warriors often cite in trying to link marijuana cancer sites. There was no dose-response to lung cancer. Tashkin himself has long relationship of cancer risk, which means that believed in a causal relationship. there was no increased risks for more intensive “Our major hypothesis,” he told the ICRS, users. “was that heavy, longterm use of marijuana After presenting the study, Dr Tashkin said “I will increase the risk of lung and upperthink that it would be difficult to extract from airwaves cancers.” these data the conclusion that marijuana is The study included 1,209 residents of Los protective against lung cancer. But that is not Angeles aged 18-59 with cancer (611 lung, 403 an unreasonable hypothesis.” oral/pharyngeal, 90 laryngeal, and 108 esophaThe data on tobacco use, as expected, geal), and 1040 cancer-free controls. revealed a very potent effect and a clear doseExposure to cannabis was measured in joint response relationship. years (1 joint year = 365 joints). Source: Morgenstern H, et al. Marijuana use and Compared with subjects who had used less cancers of the lung and upper aerodigestive tract: than one joint year, the risk for lung cancer results of a case-control study. Presentation at the ICRS Conference on Cannabinoids, 24-27 June was 0.78 for 1-10 joint years, 0.74 for 10-30 2005, http://www.cannabis-med.org joint years, 0.85 for 30-60 joint years, and 0.81 for more than 60 joint years. A risk below 1.0 means that the risk for A selection of some of the recent studies about cannabis

THC and chemotherapy Concurrent studies in Florida, California and North Carolina show capsules of THC (tetrahydrocannabinol) help reduce nausea and vomiting in cancer chemotherapy patients. Subjects given THC as well as standard treatment had a 79 percent response to antiemetic treatment compared to 40 percent of subjects using standard treatment with ondansetron, a commonly used drug that reduces nausea and vomiting.

THC fights appetite loss THC has helped patients with severe lung disease in a study by the Clinic of Allergies and Asthma in Germany. Sufferers of Chronic Obstructive Pulmonary Disease frequently suffer from appetite and weight loss. Twice daily drops of THC saw an improvement in appetite, gen-

N O R M L N e W S WINTER 2005

eral well-being, weight gain and functional performance.

THC protects against hardening of arteries Researchers at the University of Geneva have demonstrated how THC reduces inflammation that leads to the hardening of arteries, the main cause of stroke and heart disease. THC seems to slow down the production of interferon-gamma, a molecule that promotes inflammation. THC has been known to act as an anti-inflammatory for several other conditions, such as arthritis and Multiple Sclerosis. This latest study is the strongest evidence yet that cannabis has a role to a play in mitigating one of the biggest causes of death in the Western world.

CBD helps hangovers American researchers have demonstrated that cannabidiol (CBD) protected against the neurodegeneration caused by heavy alcohol consumption. Antioxi-

Studies presented at the International Cannabinoid Research Society annual conference included:

Neuropathic pain

Preliminary results of a randomized, controlled study involving 50 patients with HIV-related peripheral neuropathy who received either smoked cannabis or placebo-cannabis were presented. In the study conducted at the University of California cannabis was shown to provide pain relief comparable to Gabapentin, the most widely used treatment for a condition that afflicts some 30 per cent of patients with HIV. (D. Abrams et al)

Schizophrenia

Results of a four-week double-blind clinical trial on cannabidiol and amisulpride in acute schizophrenia were presented by researchers of the University of Cologne. Cannabidiol significantly reduced symptoms of acute psychosis after both week two and four, when compared to the initial status. There was no significant difference in efficacy between cannabidiol and amisulpride, however, cannabidiol caused significantly less side effects than the other drug. (Abstract by M. Leweke et al.)

dants such as Vitamin E provides similar protection, implying that cannabis may have some shared properties in blocking free radical damage.

Pot may help bipolar disorder The University of Newcastle has found that the high of THC and the stone of CBD could help people with bipolarism smooth out the manic highs and lows associated with the condition.

Irie eyes Scientists have discovered three endocannabinoids happy and living in human eyeball tissues. Anandamide, 2-AG and PEA have been detected in the cornea, iris, ciliary body and retina. Previous research has shown cannabis useful in treating degenerative eye diseases such as glaucoma. The presence of cannabinoids in the ciliary body, which regulates intraocular eye pressure, may explain how cannabis can work such wonders.

£2m for MS study The British Medical Research Council are funding a £2m threeyear trial to build on prior research into THC’s neuroprotective properties to slow the development of Multiple Sclerosis.

EU supports cannabis pain relief research The European Union has granted 1.5 million Euros (about $US1.8m) for an international research project to study cannabis remedies for migraine and rheumatoid arthritis. The project is led by the London School of Pharmacy in association with natural healthcare company William Ransom, better known for their over-the-counter Aloe Vera toothpaste and Manuka honey products. - BY WILL DE CLEENE

Marijuana Use

PHOTO: ROB CLARKE

Principles of Responsible Adults Only. Cannabis consumption is for adults only. It is irresponsible to provide cannabis to people aged under 18.

Safe Driving. The responsible cannabis consumer does

not operate a motor vehicle or other heavy machinery while impaired by cannabis, nor (like other responsible citizens) impaired by any other substance or condition, including some prescription medicines or fatigue. Set and Setting. The responsible cannabis user will carefully consider his/her mind-set and physical setting, and regulate use accordingly. Resist Abuse. Use of cannabis, to the extent that it impairs health, personal development or achievement, is abuse, to be resisted by responsible cannabis users. Respect the Rights of Others. The responsible cannabis user does not violate the rights of others, observes accepted standards of courtesy, and respects the preferences of those who wish to avoid cannabis.

tips for safer cannabis use: JUST SAY KNOW!

> While cannabis has been shown to be safe for the vast majority of people who use it, there will always be some who experience problems. Ensure that your cannabis use does not impair your health, family, employment and education, and try to have periods of not consuming cannabis. > Less is More: the less you smoke, the less you will need, and the more high you will get. Heavy long term use may lead to some respiratory damage. > NORML recommends only consuming organic cannabis whenever possible. > Mixing cannabis with alcohol can make you more out of it than you intended. The anti-nausea effect of cannabis may also cause people to drink more. > Mixing cannabis with tobacco means more smoke damage to your lungs, and may make you become nicotine dependent. > Try other ways of ingesting cannabis, such as eating or drinking it, or using a vaporiser to heat the herb and release THC without combustion. > Deep tokes and long breath duration are more harmful to the lungs. Water pipes and bongs can cool the smoke, filter solids, and absorb some of the most harmful tars in the water. Bongs can make the smoke very smooth, so avoid inhaling too deeply. Replace bong water each time and regularly sterilise your pipe or bong. > Meningitis and other diseases can be transmitted through saliva, so donâ&#x20AC;&#x2122;t share spit on joints or pipes. Try using your hands like a chillum to hold the joint. > Cannabis is best avoided by pregnant and breastfeeding women, or women who might soon become pregnant. > People with a history of severe mental illness should reduce any cannabis use to a level agreed with their clinician, or avoid cannabis altogether. > Those receiving digitalis or other heart medications should consult their doctors before using cannabis. > When eating cannabis preparations, start with a small piece and wait an hour before increasing the amount, if desired. The effects of edible cannabis products may be more psychoactive than smoked cannabis. > When used properly, cannabis is one of the least harmful substances known. WINTER 2005 N O R M L NeWS

events INTERNATIONAL J DAY SATURDAY 7 MAY 2005

PASS IT ON: A joint shared at Motueka’s first ever J Day. BELOW: part of the group that gathered in Christchurch’s Cathedral Square, openly consuming cannabis just metres from the police booth.

April 20 is 420 Day. In Auckland the Ganja Faerie officially unveiled The Hempstore’s “4:20 box” near Albert Park.

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Prohibition Protests J Day, the annual protest against cannabis prohibition, was held in more than 150 cities around the world on Saturday 7 May. Dunedin NORML turned it into an entire Weed Week that culminated in a public debate featuring academics, politicians and destiny churchers. Report by Simon Wallace and Bart Acres On J Day a large crowd of smokers congregated at The Octagon, to show the hypocrisy of cannabis laws for another year. Those present were entertained by The Vibrasics, Hannah Howes, and a smokers’ selection by Rusty4Eyes. During the afternoon, there was an invasion of The Octagon by drunken university students, as part of the graduation ceremony. The contrast between the users of the different drugs was obvious. There was no march to hotbox the police station this year. “We are attempting to norml-ise this activity in the public eye, and make it an encouraging environment for people to discuss prohibition.” NORML Dunedin president Abe Gray said. “We are not trying to alienate the police. We are trying to make the issue of Cannabis Law Reform prominent during the election year.” And prominent it was, with the event being shown on TV3 News. Weed Week also featured a Foggy Movie Nite, with Rockers and Cheech and Chong’s Up In Smoke playing to a well blazed audience. There were spontaneous DakMobs around the Dunedin area, and meetings to discuss marijuana and the directions of Cannabis Law Reform. The week’s finale was a public forum on cannabis at Otago University. A broad panel debated their views on cannabis prohibition and the effects on society. Speakers from the Green Party, United Future, Destiny New Zealand, the Aotearoa Legalise Cannabis Party, International Socialists Organisation and the Dunedin School of Medicine put forward their varied views on the issues. Green MP Metiria Turei presented the case for legalisation and regulation of cannabis. She discussed problems associated with cannabis prohibition, including unregulated supply, ease of access to other drugs, and the lack of quality controls or age restrictions. She also talked about the high cost of the enforcement of prohibition for police, and the ineffectiveness of this policy. Gordon Copeland of United Future “disagreed completely”, though couldn’t really explain why. A couple of representatives from Destiny Church attended; local pastor Gary Davis, and policy director David Jesze. Mr Davis talked about cultivating, dealing and using cannabis and other drugs. He admitted his prison sentence had had no effect on his use of the herb. And although they both admitted

J Day in the Octagon. Speakers at the Dunedin public forum included Destiny’s David Jesze, who sang a hymn; Gordon Copeland from United Future, Meteria Turei from the Greens; and Prof Robin Taylor of Otago University. prohibition didn’t work, they still supported it. Brian Roper, Professor of Political Studies at Otago University addressed the social impacts of prohibition and argued for the legalisation of all drugs. He pointed out that humans have been using drugs throughout history, yet prohibition has only been around for approximately 70 years. Paul McMullan of the Aotearoa Legalise Cannabis Party noted the cannabis references in the Bible, talked about the inhumanity of cannabis laws, and called for urgent change. The evening left many in the audience with a lot to think about, especially after a post-forum smoke! Keep an eye out for future NORML Dunedin events, as well as a Dunedin Cannabis Club Magazine, out early in the new semester. Thanks to Funk That, Governors Café, and all the active Law Reform advocates. Contact: dunedin@norml. org.nz

PHOTO: ROB CLARKE

LEGALISE IT!

How you can help

VOTE

end cannabis

To end cannabis prohibition, we must influence the mood of parliament and the general public. How can we do this? Here are a few ideas: > Vote! This year is an election year! It’s that simple. Enrol to vote or update your enrolment details at elections.org.nz or call 0800 ENROL NOW. Encourage your friends to get on the roll. And vote. Voting can seem unappealing, but not voting is the same as voting for continued prohibition. Law Reform would probably have happened in the last 3 years if more people had voted for the parties that support law reform. > Write to your MP. Or Email them. Letters to any MP c/Parliament Buildings are freepost. Email is also free (the format is firstname.lastname@parliament.govt.nz). Be sure to ask them a question, such as where they stand on the issue – because they will have to respond to your letter / email and then you know they have read it. Let NORML know their response too. Another really effective tactic is to present your MP with a petition calling for cannabis law reform, or asking parliament to investigate the costs and benefits of the current policy, or all medical marijuana, and so on. This could even be a petition of just one person - you. Petitions, if properly worded, can be even more powerful than writing letters (ask us for more advice on that). > Talking to MP’s in person is even better. Just call their office and make an appointment, or attend a public meeting that they are speaking at. Remember to be polite even if they are not! > Write to newspapers & call talkback radio. Letters to the editor and talkback radio reach a large audience, and are a free way of promoting cannabis law reform to a diverse range of people. Anytime you see or hear mention of cannabis, or prohibition, in the media, respond by ringing talkback or writing to the paper. Keep it short and simple so that everyone can understand your point.

> Talk to people you know about cannabis law

for candidates and parties who support cannabis law reform

reform. Tell your parents, friends, workmates etc that you support ending prohibition and help open their eyes. Check out the NORML website for handy facts and figures related to cannabis and the law.

> Donate money, services or your time to law reform efforts, or set up a regular donation of $5 or $10 a week into our fundraising account: “NORML NZ” ASB 12-3057-0594667-00

> Distribute information around your town. Contact us for some leaflets or Norml News magazines to spread around.

> Organise a pro-law reform event in your town. Help out with J Day or organise an event one of your own... smoke-ins, concerts, rallies, demonstrations, movie screenings and public debates are all good ways to help promote cannabis law reform.

> Resist prohibition in your day to day life. Don’t let prohibition force you to live with fear and suspicion.

> If you’re busted, plead Not Guilty and/or enter no plea on your first appearance. The police and courts couldn’t enforce prohibition if cannabis users didn’t plead guilty all the time. > Lobby school Boards of Trustees: Parents should tell school boards they do not support the infringement of children’s rights in the name of “zero tolerance”. Suggest that more emphasis is placed on honest education and less on scaring young people.

> Set an example. Be a Functioning Pothead and resist the negative stereotypes about pot smokers. > Join NORML and get involved in local law reform activities!

For further information: Check out NORML’s ‘Get Active’ guide at http://www.norml.org.nz/topic8.html for indepth advice including letter writing tips and materials, media directory and an easy “email your MP” feature. NZ media articles on drugs and drug law are at: www/mapinc/org/nz.htm See also: www.communityaction.enzyme.org.nz/nzmedia.htm WINTER 2005 N O R M L NeWS 15

“New Zealand Green” > > > >

decriminalise legalise regulate educate

THIS PAGE: Kaitaia Fire, from the sunny Far North.

HOW’S YOUR COLLECTION? These New Zealand Green calendars are available for $6 each, or any two for $10, five for $20, or ALL 11 FOR JUST $40 ! Please add $5 per order for tube postage. Sorry, 2004 is sold out. Get your photo entries in now for the 2006 calendar! SEND YOUR PHOTOS OR FILM TO NORML, PO BOX 3307 AUCKLAND Email high-res digital pix to news@norml.org.nz

N O R M L N e W S WINTER 2005

SHOW YOUR GROW! SEND YOUR PHOTOS, FILM OR DIGI PIX TO: PO BOX 3307 AK OR NEWS@NORML.ORG.NZ

THIS PAGE, TOP: Arthur’s Lament, from Golden Bay, “named after the local police officer who tries his best to eradicate cannabis from our lovely bay.” ABOVE: Poppa Chubby, northern lights grown outdoor from seed in the Wairarapa CENTRE: Get Snappin’! RIGHT: also from Golden Bay

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N O R M L N e W S WINTER 2005

The beginning of a sensible drug policy? By Matt Bowden, Stargate Founder & Chair of the Social Tonics Association of New Zealand (STANZ) I’ve always had ideas about how the drug laws should change, but never thought the government would listen if I made them known. Yet over the last few short years I’ve worked with Jim Anderton, Nandor Tanczos and others on progressing true harm reducing evidence based policy in the form of the Misuse of Drugs Amendment Bill Number Three.

When P was causing problems, Stargate developed BZP-based products as a safer, non-addictive alternative to “reduce demand” for P. NZ’s National Drug Policy talks about reducing supply and demand for dangerous drugs. It asks kiwis to come forward with innovative solutions to reduce demand. Stargate identified ourselves as a solutions provider in this area, and we began talking. In meetings with Minister Anderton and Government officials, through regular correspondence, and feedback from the dance community, the case was made for developing alternative models to the “banning” that has failed with every drug on the planet last century. When consumer demand is high for any commodity and it is made “illegal”, the value

increases, producing an instant criminalized black market and sacrificing quality control, thereby increasing health risk. Governments are becoming aware of this, but need workable alternatives to change it, and no politician moves unless the voters come with them - it’s political suicide. We took professional media counsel and launched a public information / awareness campaign to de-stigmatise drug use and pave the way for this progress. We communicated the message that NZ’s only choice was between an illegitimate industry terrorizing the nation, and a legitimate industry producing safer products under a regulated framework. The Expert Advisory Committee on Drugs

(EACD) investigated BZP and found no grounds upon which to ban it, rather noting that a ban on BZP could lead to a swing back to more dangerous and addictive drugs. They recognised that people have a right to use psychoactive substances recreationally, and recommended options other than prohibition for substances posing little risk. New legislation was drafted around our regulatory recommendations. BZP was afforded unique status within a specially created fourth schedule to the Misuse of Drugs Act. This Bill was passed last month. The many years of hard work in drug law reform from groups like NORML were apparent as many officials I met favoured this approach for cannabis as well. The Bill is far from perfect, and our drug laws are still a long way from protecting the public, but this giant step forward sets precedents internationally and deserves to be celebrated as a triumph for freedom. I welcome any comment and feedback. Contact: matt@stargate.org.nz

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feature Smoke on the Water

2005 Cannabis Cup One hundred canna-connoisseurs gathered on board the Te Aroha on Auckland’s Waitamata Harbour for “Smoke on the Water”, the second annual Cannabis Cup. This year we awarded two beautiful colour glass cups for indoor and outdoor growers, with points for appearance, smell, flavour and effect. The results were: Indoor Cup 1. Te Kakariki (left) “ichy nose but worth it!” 2. AK47 by Pac “smell and taste supreme!” 3. Majestic by The Hills “delicious” 4. Devastar by Kiweed “tried it too many times and knocked me out” 5. Opal by Leo “pungent lemon taste” 6. Uno “irie ruderalis?”

Outdoor Cup

Photos by Chris Fowlie, except Cup photo by Rob Clarke

1. Kaipara Killer (right) “well impressed” 2. Silver Pearl by Da Boys “clear serene high” 3. Whau Weed “back in the day” 4= Oromaeroa - a Rhino cross “tasty” 4= KC TRP “strong” 6. Westside Creeper “wooh! awesome hit!” 7. Kaanihi from the Urewera’s “choice”

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Devastar

TOP: The indoor line up, from left, Kakariki, AK47, Majestic, Devastar, Opal and Uno. LEFT from top: the indoor winner; judging the outdoor and indoor selections.

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TRAVEL

By CHRIS FOWLIE Nimbin, Australia, is famous for it’s relaxed attitude to marijuana and it’s annual Mardi Grass festival. But like many New Zealanders I had never seen it for myself. Pot author Rob Clarke was visiting, and that provided the excuse to book an early morning “red eye” flight to see what all the fuss was about. Departing early on a cold and dark Auckland morning, we arrived in sunny Coolangatta three hours later and headed straight to the beach to enjoy the 26 degree heat. A quick visit to Aunty and we were sorted a joint or two for the drive to Nimbin.

N O R M L N e W S WINTER 2005

We arrived to a hive of activity in this former dairy town that is now famous as being the hippy capital of the world. At first glace the township looks like some sort of psychedelic western movie set. All the buildings are covered with vivid murals with cannabis themes, and the smell of pot is prevalent. We tracked down Mardi Grass organiser Andrew Kervasilas, who introduced us to our Kiwi host for the weekend, a former weed smuggler by the name of Gerald Taylor, who has written a book called Jesus Weed about his adventures.

We learned that the town embraced the marijuana culture back in the 1970’s when hippies settled the area following several big music festivals. The ability to grow all year-round in the tropical climate may have appealed too. As time went on, the hippies took over and the straights moved out. These days, there are at least four cafes where people are welcome to smoke cannabis, but all dealing takes place on the street. It’s a truce they have with the police. The dealing is open, relaxed, and the produce high quality. continues page 24 >

PHOTOS: ROB CLARKE & CHRIS FOWLIE

Nimbin

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Nimbin MARDI GRASS TOP: Cannabis Cup entries RIGHT: The cops are friendly there - imagine that! BOTTOM: the street code. PHOTOS: C. FOWLIE & ROB CLARKE

Cornerstone Roots, our favourite band from Raglan, were playing that night but for some reason we missed them... lost in a haze of Nimbin’s finest hash and buds. Saturday was Hemp Olympix day, and my attempt at the bong toss was never going to win. My yelling technique didn’t have anything on the winner’s “cop that, ya beech”. There was no problem scoring nice outdoor buds and hash, but we found it could be hard trying to get them to take money for the stuff. The dealer we kept bumping into kept giving us lumps of excellent ice hash but wouldn’t take any money. Nice. Later that evening we were whisked away in minivans to a secret location for the Cannabis Cup. Waiting for inspection were 26 outdoor and 8 indoor entries. After some preliminary squinting and sniffing we all picked three indoor and three outdoor entries to try. These were awarded one point for

N O R M L N e W S WINTER 2005

being on our short list. We then tried them, and named one as the favourite, which got two more points. After a couple of hours of furious puffing, Rainbow Dreaming was declared the outdoor winner - for the 3rd year in a row - with Bubble Hash getting the indoor prize. The Mardi Grass Parade was the next day, Sunday. Thousands of people had come from all around, packing the town and filling the air with marijuana smoke. The cops assigned to the march appeared to be in high spirits by the end of it! Nimbin is a town that shows cannabis legalisation can and does work. It is an oasis of peace and tolerance that is an example to us all. > Nimbin HEMP Embassy 51 Cullen St, Nimbin, NSW. www.hempembassy.net

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BUSTED?

Say nothing until you have spoken to

PETER WINTER BA LLB Barrister Specialist in Criminal Law

Hobson St Chambers, Auckland City. Phone 09 379-7658 Mobile 025 499-987

Also available for trials in Northland & the Waikato

ALL DRUGS CASES - ALL COURTS

Chris Tennet Mob. 021 626 878 - Ph. (07) 571 0966 www.devonportchambers.co.nz chris@devonportchambers.co.nz 20 + years experience Knowledgeable Reasonable rates

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LAWYERS LIST

Whangarei: David Sayes 09 4382154; Nick Leader 09 4384039; Wellsford: Gary Sellars 09 4238022; Auckland: Peter Winter 09 3797658; Graeme Minchin 025 2122704; Johnnie Kovacevich 021 653933 or 09 3093364; Marie Dyhrberg 09 3604550; Maria Pecotic 09 5227399; Owen Harold 09 6304969; Gary Gotlieb 09 3766806; Barry Hart 09 3789732; Rodney Harrison 09 3034157; Grey Lynn Community Law: 09 3786085; Waikato/Bay of Plenty: Chris Tennet 021 626 878 or 07 5710966; Matt Goodwin 07 5790400 Hamilton: Roger Layborne 07 8396288; Emily Coupland 07 8381069; Rotorua: Simon Lance 07 3460796; Gisborne: Phil Dreyfrus 06 8671379; Hastings: Community Law Centre 06 8797625; Palmerston North: Peter Coles 06 3581075; Wellington: Michael Appleby 0274 403363; Community Law Centre 04 4992928; Christchurch: David Ruth 03 3745486 Community Law Centre 03 3666870; Timaru: Tony Shaw 03 6886056; Dunedin: Community Law Centre 03 4779562; Invercargill: John Pringle 03 2144069; Community Law Centre 03 2143180; Youth Law: a free confidential legal

26 26 N O RNMO LR M N eL WN Se W WINTER S SUMMER 2005 2005

KNOW your RIGHTS! A brief guide to your rights with the police

www.youthlaw.co.nz

Police Questioning · You have the right to remain silent – including not making a statement - but you must give your correct name and address and in some cases date of birth. Talk to a lawyer before saying anything else. · If the Police want you to go with them always ask if you’ve been arrested because you only have to go with the police if you’ve been arrested, or if you’re under 17 and drunk, high or at risk of being harmed or harming someone. · You have the right to talk to your own or a free lawyer if you’re being questioning about an offence. Tell the police you want to speak to one on the Bill of Rights list. · If you’re under 17 you also have the right to have a supportive adult of your choice with you at the police station. If you don’t name someone the police must get another adult to be with you (not a police officer). Searches · Always ask why you are being searched. · The police can only search you, your bag or car if you let them; or they arrest you; or they have a search warrant; or they have reasonable grounds to think you have drugs, or an offensive weapon. · The police can search your home if: you let them; or they have a search warrant; or they have reasonable grounds to think it contains drugs. · If you don’t agree to a search you must say so. Silence is consent! · If you are female usually only a policewoman can search you. Arrests, Detainment and Charges · If you are 17 or over the police can arrest you if they have good cause to suspect you have “breached the peace” (caused a disturbance) or committed an offence punishable by imprisonment. · Don’t run away or resist arrest. · Always ask if you’re being arrested, detained or charged and why. · Ask to make a phone call and phone someone you trust. · You don’t have to answer any questions or make a statement. · You have the right to talk to a free lawyer. Tell the police you want to talk to one on the Bill of Rights list before talking to them. Tell your lawyer if you need medical attention. · You have the right to get bail unless there is a good reason for holding you in custody or you have been charged with a very serious offence or offences. Going To Court · You can enter “no plea” the first time you’re in court. In the week or two that you are then given by the court you can get a copy of your police file from the police and get legal advice. Check with the court if you can get legal aid or see the duty solicitor at court on the day of your case. Remember · Stay calm and don’t get smart. · Try to get the police officer’s name, number and police station. · Try to get someone to witness what the police do. · If the police breach your rights tell your lawyer/a duty solicitor or make a police complaint later, rather than argue at the time. Complaints About the Police · Freephone the Police Complaints Authority 0800 503 728; or · The Senior Sergeant at the police station; or · Your local community law centre, YouthLaw, a lawyer or NORML. · Write down everything that happened and who did it, while you remember. Get photos of any injuries and see a doctor. To contact NORML about civil rights advice & legal support, call 09 302 5255, 09 309 8653 or South Island: 021 399 822 Or for more information: Youthlaw: www.youthlaw.co.nz Prisoner’s Aid & Rehabilitation Society: www.pars.org.nz Dept for Courts: www.courts.govt.nz

Pleading “Guilty” keeps Prohibition law working BY SANDRA MURRAY

Your conviction is not only your problem – it is a problem for all of us. By acting in solidarity we can regain some control over the justice system. How is it that our ‘overworked’ court systems and ‘under-resourced’ Police are able to cope with the over 15,000 cannabis offences that went to court in 2003? Well.... they had help. Police and the courts rely on cannabis users to plead guilty in court. There are plenty of anecdotal stories that Police encourage guilty pleas, suggesting to the offender that they will ‘get off lightly’ if they just ‘own up’. For others the cost and hassle of having to take days off work to attend court is too off-putting to do anything but plead guilty to ‘get it over with’. However, the high number of guilty pleas increases the number of busts that happen in the first place, and helps make Prohibition possible. In 2003 the New Zealand Police spent 236,591 hours enforcing cannabis laws (plus the time they spend in court prosecuting offenders), which resulted in them identifying 19,897 offences. The Police undertook 15,161 prosecutions, and of these, 12,100 resulted in conviction, with only 1,304

not proven in court (not guilty) and a mere 520 people received diversion - of whom 400 were European. The Police have been able to sign-off a very high number of cannabis offences. In 2003 the resolution rate for all crime was just 43.5 percent, while the resolution rate for cannabis was an astounding 91.5 percent. A high cannabis resolution rate makes the Police statistics look better overall, with all the resulting political advantages that that brings. Given this incentive, it should be no surprise that 88 percent of cannabis-related prosecutions in 2003 were for minor offences such as use, possession, procuring or having a pipe or bong. However, even with the majority of cannabis offenders pleading guilty, the 15,161 cases that went to court still accounted for approximately 9.5 percent of all court cases, at a time when some trials take months or years. What can be done? In the 1990s NORML’s ‘Court Support’ campaign educated those charged with cannabis

offences of their legal rights and ways they could use their court hearing to make a stand for law reform. Campaigners called on those charged to enter ‘not guilty’ in their first appearance, with the option of changing their plea to ‘guilty’ in the second hearing. By simply doing this, defendants greatly increase the police and court resources needed to hear their case, without adversely affecting their chance of conviction or the severity of the sentencing. NORML continues to encourage defendants to make every conviction count towards law reform. Some defendants - ‘Roaring Lions’ - refused to cooperate with the courts at all, pleading not guilty throughout and forcing the courts and the Police into lengthy defended trials. Running the system to its full course stretches the Police and court resources to the limit. Refusing to pay a fine or undertake a community sentence requires further court cases, even though the final sentence is usually no worse than if the plea was guilty in the first place.

Does it work? If all cannabis users utilised their right to a defended trial, the court system would strain to cope with the load and the Police would be forced to reduce the number of prosecutions they take. They would have to abandon minor cases in order to prioritise their resources for more serious issues. People charged with cannabis offences that force their trials to be defended are actually forcing the Police to reduce the number of prosecutions taken to the courts. This, in turn, forces Police to reduce apprehensions for minor cannabis offences and could result in de facto decriminalisation. The only thing holding this up is the willingness of cannabis users to make the Police work for each conviction.

So... if you get busted, what will you be... a Prohibition Supporter? Or a Roaring Lion?

Surveillance camera not enough grounds for pot search Late in 2003, Nicholas Keesing, an Auckland university student and legalisation activist, and three associates were relaxing in the Albert Park band rotunda, when a police van entered the park. Constable Hoeft and his partner leapt out, stating that there were grounds to invoke the Misuse of Drugs Act and search them for cannabis. They officers had been watching the group on CCTV, and they also said they could smell cannabis. The group objected that there were not sufficient grounds, as they were not currently smoking anything, and that there was no evidence. After fruitlessly searching the four, a scrap of foil was found lying under the bench some distance away, that contained less than 0.1 of a gram of cannabis. Constable Hoeft then used this as justifica-

Still image of the search taken from the Albert Park police surveillance tion and arrested three of the four, taking them to Auckland Central. All charges were later dropped, except those against Mr Keesing, whom the police bear some enmity. On the 13th of August 2004, outside the courtroom, the police approached the defend-

ant and his lawyer Johnny Kovacevich and tried to plea bargain, stating that it had already cost the police $27,000. Keesing refused to plea bargain, reiterating the breach of his civil rights by the officers. Judge Fitzsimmons heard the evidence and viewed the police video. He stated, “We have seen a video where the defendant Keesing and his associates were smoking what seems to be a cannabis cigarette, however, I cannot be 100% certain that that substance smoked in the video was cannabis, and I therefore find that the defendant has no case to answer”. This decision means that camera footage is not enough grounds for a search or a conviction. Judge Fitzsimmons should be thanked for being a progressive and reasonable man, as should lawyer Kovacevich, whom seems more concerned with serving justice than pursuing the dollar. How strange! He can be contacted WINTER 2005 N O R M L NeWS

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MEMBERSHIP FORM YES! I want to join the NORML freedom moveI am joining for the first time, or renewing my membership I enclose: $15 regular $10 beneficiaries, seniors Additional donation of $ _______ Send me this stuff from the Norml Shop: NZ Green Calendars (year: ____ ) $5 ea + $5 tube postage $ ___ NORML T SHIRT NCIS T SHIRT size & colour: ____ $ ___ ‘legalise’, ‘we smoked here’, ‘NCIS’ stickers 10 for $1: $ ___ Bumper stickers $1 each (design: ____________) $___ Norml News back issues $1 each $ ___ New Zealand Green book $15 each $ ___ Marijuana: the facts & case for legalisation book $15 each $___ TOTAL PAYMENT ENCLOSED: $________ NAME: ________________________________________________________ POSTAL ADDRESS: _____________________________________________ CITY / TOWN: __________________________________________________ PHONE: ______________________MOBILE: ________________________ E-MAIL: ________________________________________________________ OCCUPATION / SKILLS: _________________________________________ I CAN HELP WITH: stalls & events Norml News writing letters court support leaflets and posters medical marijuana other (please specify): POST THIS FORM WITH YOUR CHEQUE OR MONEY ORDER TO: “NORML NZ Inc.” PO BOX 3307, AUCKLAND 1015 NEW ZEALAND office use WIN-2005 mem: rec: snt:

WINTER 2005 N O R M L NeWS

visions from Golden Bay

The herby folk and the blue nasties The coming election could make or break us, so, soldiers of the Marijuana Liberation Front, prepare for the fight, and read this story by the JAWA. Not a bedtime story, a WAKE-UP-STAND-UP story… … Not long ago, there lived Princess Helen Clear-Mind who was loved by anyone into compassion, tolerance and freedom. She was especially loved by the Herby Folk, who were cruelly oppressed by the Blue Nasties that ruled the land. The Herby Folk grew Magic Green Herbs for inspiration, medicine, food, and all things groovy. The Blue Nasties, who only liked Money and Power, were afraid that the Magic Herbs might give Ordinary People control of their own lives, so they harassed the Herby Folk, locking them up and poisoning their Herbs. But brave Helen Clear-Mind stood up and told the Truth! Rejoicing, the Herby Folk left their hiding places and helped Princess Helen overthrow the Blue Nasties and become Queen Helen CleverMind. They thought the oppression would soon end… but they were mistaken. Some Ordinary People, led by Baron Cranky Jim, were afraid to let the Herby Folk live in freedom. They all grumbled at Queen Helen until she was filled with doubt. She became Helen Cloudy-Mind and allowed the oppression of the Herby Folk to continue. Undaunted, the Herby Folk sent in their champion, Prince Nandor, to win Helen’s heart back to her people. Wielding his bright Sword of Truth his mane of dreadlocks flowing behind him, Prince Nandor sprang among the Leaders of the Land and he and his band of Green Warriors scared 30

N O R M L N e W S WINTER 2005

the socks off Cranky Jim. Queen Helen and The Ordinary People were about to join them… But it all went terribly wrong when along came the evil Baron Peter Dung. He was an ancient Blue Nastie who had

magically disguised himself as someone likable. In place of a tongue, he had a Sorcerer’s Worm which he used to tell filthy lies to the People, convincing them to fear Nandor’s Green Warriors and despise the Herby Folk. He used fine phrases like “common sense” and “family values” to hide his malice. He got his Worm to crawl across the People’s television screens, a

magic trick that charmed them mysteriously to his side. And every time Prince Nandor challenged Baron Dung to a fair fight, he scuttled and hid, because he was really terrified of the Herby Champion. Baron Dung insinuated his way into Queen Helen’s bedchamber where he dripped his malevolent lies into her ears. Tricked, she continued the oppression of the Herby Folk. So now the Herby Folk are scattered. The Ordinary People are baffled. Barons Cranky Jim and Peter Dung are still at large. And worse, the Blue Nasties are on the march: greedy, power-hungry and determined to take back the land… DON’T LET IT END THIS WAY! You and your mates don’t need NORML’s permission to take action. Take a hit from the bong of inspiration and hatch a plan. Be non-violent and hard out, humour works best. Together, we can make a happy ending to our tale… Then, unafraid, the Herby Folk rose up singing songs of freedom! The Ordinary People realised the Truth! Queen Helen’s mind cleared, she joined forces with Prince Nandor and together they chased Dung and the Blue Nasties far away. Cranky Jim disappeared wisely into retirement. Then the Magic Green Herbs grew freely and everyone had enough food, fuel, clothing, shelter, medicine and inspiration to be happy, healthy and free forever! The End.

WINTER 2005 N O R M L NeWS

N O R M L N e W S WINTER 2005