Archive for the ‘Class D’ Category

Drug bans are bad economics – Nick Smith

August 2, 2009

By Nick Smith

(can be seen at http://www.whyprohibition.ca/blogs/ellis-worthington/drug-bans-are-bad-economics )

Originally published on Stuff, July 17, 2009

The most convincing evidence of the harm caused by the criminalisation of party pills in April last year comes from a recently convicted drug dealer. (actually it was quite the opposite, a four-fold increase in sales and no perceptable increase in harm, but then that’s MDMA for you. Millions of ‘E’ experiences in the UK, every week, problems at best are ‘associated with use’ while no benefits of displacement of other drugs, like alcohol, are measured)

This man, whose name is suppressed, admitted smuggling 100,000 ecstasy tablets in just three months. He told media that his small operation became massive almost overnight after the government banned party pills, which contain the active ingredient benzylpiperazine (BZP).

The ban was instituted despite an investigation showing BZP caused little harm to users. BZP is not like methamphetamine, which in its crystalised form is called P, and ecstasy. The criminal acts and damage caused by P addicts have filled news pages for months. Ecstasy, while less harmful, has been implicated in several deaths.

When the ban became law, people switched from taking safer party pills to the much more dangerous methamphetamine and ecstasy.

“I went from selling 5000 pills a month to 5000 pills a week,” the 52-year-old drug dealer explained to a weekend newspaper about the financial impact to his operation of the ban, which he estimated had generated up to $12 million in revenue.

Even the medical profession concedes the BZP ban is fanning greater recreational use of more dangerous drugs. There’s an argument that all drugs should be decriminalised because criminalisation generates more harm than good by handing control of a desirable commodity to organised crime. When criminal elements are involved, it is argued, the damaging effects of drug use are amplified.

Think of the growth in popularity of bootleg liquor during prohibition in the United States.

A regulated and restricted system of laws surrounding drug use would remove violent criminal elements and allow better access to treatment, is how the argument goes.

This contention is particularly compelling in the case of BZP because it was a proven safe drug servicing a large market, as evidenced by its ubiquitous presence on shelves in corner dairies and liquor stores.

People desire intoxicants. The history of alcohol, cannabis and drugs extends three millennia. Drugs are a commodity and are traded the world over. Supply is meeting demand and economic theory holds that when that demand is denied by a ban, it creates unintended consequences; in this case, a massive source of income for transnational crime organisations and gangs.

Some of the most alarming reportage on this subject of late comes from economists such as Loretta Napolioni, who writes about the massive global reach of criminal empires trading in drugs and people, two of the most pernicious and lucrative trades.

Lev Timofeev, a Russian expert on drug economies, believes drug prohibition gives transnational operations not just market-moving power, but the ability to influence whole societies and nations.

In his view, it is prohibition that enables such far-reaching power. New Zealand doesn’t suffer the predations of drugs, prostitution and people-smuggling to the same extent as eastern Europe, Russia and parts of the Middle East. Part of the reason is its geographical remoteness but also this country’s relative liberality to restrictive social legislation. (except for cannabis, which is all out war but mostly on unemployed, maori, and males)

But, as the BZP ban shows, authorities can and do make the same policy mistakes as their international equivalents. The Law Commission will soon deliver a report recommending a raft of changes to the sale of liquor. On the table are restrictions on age and even the number of outlets in any given area. If they follow through on the latter, you can bet shops will be restricted in poorer districts and not in more affluent suburbs. (as it is policed! 300 more cops for South Auckland will be doing what? We have already heard that ‘drug dealing’ will be a focus.)

Damning evidence from the US shows the prohibitive legislative hammer falls hardest on the poor and vulnerable. Leaving aside the interesting issue of why drug and alcohol use is higher in this socio-economic sector, the American experience suggests enforcement of bans cause greater social damage than the drugs themselves.

It was pleasing to see Roger Kerr, the Business Roundtable’s executive director, wade into the liquor debate recently, particularly his evisceration of the self-serving economic analysis of the economic cost from alcohol use. The commission will rely on a Business and Economic Research Ltd (Berl) report showing the net external cost to the country from drinking booze is $4.8 billion, a ludicrous sum. An independent university study reviewing Berl’s work puts it at $146.3 million, less than 5 per cent of the initial estimate.

Kerr also put in a word for the social benefit of drinking, a rarely heard view in these censorious times. He emphasises enforcement of existing regulation as a better mechanism for dealing with unwelcome social outcomes from boozing rather than more restrictive laws or a ban.

Banning drugs, whether BZP or alcohol, is bad economics; economists of the Right and Left agree a rare consensus. Hopefully, the Law Commission will see it the same way when it publishes its liquor law recommendations. (and deliberates on cannabis)

– ends –

(highlighting responsiblity of BJA)


Police Racist Ageist and Naive

February 21, 2009

photo: Blair Anderson of the MildGreens Initiative with
Sandeep Chawla, Director, Policy Analysis and Public Affairs, UNODC

The media hullabaloo around legalisers and drug policy in the lead up to the Te Papa “Healthy

A box of CannabisImage via Wikipedia

Drug Law” [mischaracterised as a] symposium was nonconstructive with National and Labour naively entrenching their positions and then Police issuing one of the most blatantly racist and ageist reports since they covered up ‘Harvey Thomas’! (NZ Police: Illicit Drug Strategy to 2010).

Why any government agency or NGO paid $850/pp to hear that unmitigated fraud (stating cannabis is bigger problem than Methamphatamine and is both a gateway drug and criminogenic) beggars me.

Part of Mt Eden prison, Auckland, New Zealand.Image via Wikipedia

While the two big players at the select committee tables (and Peter Dunne with less than 1% of the party vote) remain seemingly ignorant of the implications of the unintended consequences of a criminal policy that ‘creates crime where there would be none’ – we are destined to continue the inefficiency that is so socially debilitating that it an impediment to anti-recession initiatives while making society sick, unsafe and dysfunctional…. and prisons swell at the seams.

Consider this private email to the writer from a USA State Senator; “With disbelief I read your Class D regulations for “restricted substances.” “It’s such a useful model – I still can’t believe you’ve actually set up this rational structure. Let’s see what happens when you try to get cannabis classified…” sig: Senator Roger Goodman, WA.

Yet Class D as a ‘partial prohibition’ was barely mentioned in Wellington, not by Police, not by Health sector, not by visitors, not by the NGO’s nor by the UN Office of Drugs and Crime[UNODC]… and certainly not in the context of a post prohibition paradigm.

A police car in Auckland City, New Zealand.Image via Wikipedia

We shouldn’t be surprised, the only Kiwi with a “Class D” brief at Te Papa was warned off at the door by the National Drug Intelligence Bureau Chief… under duress of arrest.

The New Zealand Drug Foundation should be embarrassed.

The exclusion from the debate was in direct breach of Ottawa Charter principles and ‘good faith’ with its own participation in and organisation of the Beyond2008 UN NGO consultations that highlighted the important role of ‘drug consumer’ representation and that drug policy is a human rights/health matter above all else.

Blair Anderson
http://mildgreens.blogspot.com/

related links

Te Papa in its blue and orange gloryImage by Sigs66 via Flickr

Law & health must co-operate to reduce drug harm Scoop.co.nz (press release), New Zealand – 18 Feb 2009 A visiting British drug expert told the Healthy Drug Law Symposium in Wellington today that health and law enforcement professionals would best protect …
Treatment smartest option for drug offenders Scoop.co.nz (press release), New Zealand – 18 Feb 2009 The New Zealand government could save millions of dollars by diverting New Zealanders with drug problems out of the court system and into the health system, …
Harsh cannabis laws defy good sense – Expert Scoop.co.nz (press release), New Zealand – 18 Feb 2009 Drug legislation and policy tend to focus too much on enforcement and tough-talk and too little on evidence about what really works, a visiting expert told …

No relaxation on cannabis laws in New Zealand: Dunne 3 News NZ, New Zealand – 17 Feb 2009 The Government will look at an open-minded and balanced approach to reducing drug use but there will be no relaxation of the laws around cannabis, …

Te Papa (Image via Wikipedia

What alternative to the War on Drugs? Scoop.co.nz (press release), New Zealand – 17 Feb 2009 Drug control in the form of prohibition or a ‘War on Drugs’ has been a spectacular failure, a visiting American expert told a symposium in Wellington today. …
Police release illicit drugs strategy New Zealand Police, New Zealand – 17 Feb 2009 Tackling the harm caused by drug use is the key element of the Police Illicit Drug Strategy released today. The strategy, released by Deputy Commissioner …

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Royal Assent given to D-grade Soft Drugs.

November 19, 2008

NZ Prime MinisterPrime Minister Gets a “D”
for Partial Prohibition.

Image: Tirau Dan via Flickr

Media release to CanWest’s Vancouver Sun.

Writers response to OPED (14Nov) “Medical marijuana could ease economic pains

What is needed, is a new schedule to ABC. Something that is convention compliant, meets the policy analytic standards and addresses all the flaws of current prohibitory practice.

Our just ‘gone’ by lunchtime (yesterday) Prime Minister, Hon Helen Clark described what is needed as a “partial prohibition”.

So, on November 6th, just past, New Zealand placed into law the regulatory model “Class D”. It makes provision under the jurisdiction of the Ministry of Health – possession, sale, advertising, packaging, labeling etc of ‘soft’ drugs. Canadian reformers and health administrators alike may find the pragmatic and simple approach to this problem instructive. Further, it was adopted without political squabble or public rancour.

The 4 page legislative framework can be seen at LEXISNEXIS: see
http://www.lexisnexis.co.nz/products/bulletins/legislation/nz_regulation_SR-2008-373.pdf
Distribute as you see fit. It may well just be a world first.

Blair Anderson
http://mildgreens.blogspot.com/

Drug ban will fuel gang black market – warning

August 2, 2008

Jim Anderton, former Deputy Prime Minister of ...Hon. Jim Anderton, former
Deputy Prime Minister
and current Associate Minister
of Health, popularily known as
NZ’s ‘Drug Czar’.
The banning of BZP party pills was “a sham” based on unreliable research and will feed a black market headed by drug-running gangs, a criminal law professor says. (By KERRY WILLIAMSON – The Press Friday, 01 August 2008 )

In an article in the New Zealand Law Journal – titled The Great BZP Hoax – Otago University professor Kevin Dawkins accuses the Government of rushing through legislation to ban BZP, ignoring regulatory measures that could have curbed rampant use of the drug.
He calls the Misuse of Drugs (Classification of BZP) Amendment Act, passed on April 1, “legislative folly” and writes that the BZP ban will push the drug underground and expose users to other drugs such as P and ecstasy.

“Since prohibition cannot repeal the law of supply and demand, those who prefer to continue using BZP will be forced into the black market and the arms of the gangs,” he says.

Associate Health Minister Jim Anderton – who dismissed Professor Dawkins’ article as “careless” – pushed through the BZP ban after a recommendation from an expert advisory committee on drugs. The research showed the pills caused migraines, hallucinations, vomiting, confusion, seizures and insomnia.

The ban came after regulatory measures were considered, including restrictions on dosages, labelling, points of sale, and advertising.

Professor Dawkins said those regulations were simply “a stalking horse” for prohibition.
Not to have implemented the regulatory regime for BZP is a gross deception in itself,” he writes in the Law Journal. “But to have jettisoned regulation in favour of prohibition aggravates the hoax.”

He attacks the research used to support the ban, saying it was based on “unpublished, unreplicated and unreliable research, potentially compromised by conflicts of interest“.
Mr Anderton said the BZP ban was implemented after “carefully weighing all the evidence I could“. (that Anderton paid for and presented to the Expert Advisory Committee now overpopulated with justice, police, corrections, border control and other prohibitory vested interests, the very committe then Minister of Health, now Minister of Police, Hon Annette King said would ‘take the politics out of drug policy’. Yeah Right! /Blair)

He said Professsor Dawkins had a “long record” of advocating drug law liberalisation. (so what!)
The evidence told me very clearly that the drug had enough potential to cause harm that it could be banned,” he said. (and alcohol doesnt?)

Mr Anderton said there was little evidence that banning BZP had turned users toward harder drugs.

Drug Foundation executive director Ross Bell said he had questions about “the quality of some of the research” used to support a ban but that Mr Anderton “played a pretty straight bat” over party pills.

I think [Professor Dawkins] is trying to find a conspiracy where there isn’t one. I agree with him that there were a number of regulations put in place and they weren’t enforced, and I think that’s a real shame. But I disagree with his conclusion that there was a direct attempt by the minister to get his way.”

Pity that the Press didnt take the opportunity to inquire into the larger ‘legislative and public policy fraud’ simmering behind the banning of BZP; the ommision of any discussion around the legislative framework for controlled availability; Class D.

That would have been the acid test to determine any Anderton agenda, or indeed if Bell ‘s opinion that ‘this was about BZP’ held water. / Blair Anderson

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Nights of extreme Stupidity in Christchurch Drug Policy

June 28, 2008

A rational scale to assess the harm of drugs. Data source is the March 24, 2007 article: Nutt, David, Leslie A King, William Saulsbury, Colin Blakemore. The entire alcohol debate is gravely flawed with a suspension of any analysis around ‘alcohol’ being a drug. I hear it labeled so in pejorative terms by people who in so doing believe that somehow that justifies there prejudices to all drugs. Yet there in the middle of this see “Nights of extreme in Christchurch” [http://www.stuff.co.nz/print/4599551a19743.html ] we have policeman attributing more moderate behaviors associated with the time when raves fueled by Ecstasy occurred describing “E” as a ‘happy drug’.

And there lies the clue. It is so obvious to anyone who looks at what drives the behavioral outcomes, the need to be part of something, to bond… “Until we accept that our national drug policy is corrupted by the idea there is ‘evil vs good’ drugs we never get a handle on this.”

Mere possession of “Ecstasy” [MDMA] was elevated to a Class A schedule (which to a young person means ‘must be really excellent’) with life in prison, comparable to murder. Yet, in the London party scene half a million “E” tablets are consumed every weekend and it is cheaper to buy than a can of coke. These ‘consumers’ are hugging each other.

In a review of Addiction Treatment: Science and Policy for the Twenty-First Century, by Stanford University’s Dr. Alex Macario [JAMA June 4] he highlights “the amazing discord between scientific knowledge and public perception” surrounding drug use.

The simplistic treatment of alcohol outside of the National Drug Policy framework was the product of serious lobbying when in the mid 1990’s alcohol stakeholders kept ‘legal’ policy from ‘illicit’ policy. Yet there is nothing pharmacologically that justifies this other than an accident of history and and some dubious ‘conventions’.

It is time in drug policy to accept the holistic approach was “highly recommended” in the policy formulation process pre-1996 and bring ALCOHOL, TOBACCO and CANNABIS into a regulated and thus controlled management regime that acknowledges ‘some harms’ while removing the impediments to credible anti-drug education. (NZ Health Select Committee 2002).

Class D represents the legislative model for such an initiative. Then we can get cracking on taking an evidenced based review of where BZP, MDMA and LSD (and others) would fit in the ABC classifications and get this stuff sorted. It could be the making of ‘civil’ New Zealand. Clearly the pharmacology of alcohol has no bearing on if you are a “good” person, or if you do take AB or C drugs, you are a “bad” person.

Removing the logical anomaly is the stuff of social capital. But don’t hold your breath expecting the media, in particular the PRESS to ride that wave. Crime and Moral Panic makes for much more interesting front pages.

Note: EU REPORT, June 2008 – “Cannabis Safer Than Alcohol Or Tobacco, Says Study”

The report said most users cease smoking cannabis by their late 20s or early 30s and that the vast majority did not experience any negative effects. “On every comparison of dangerousness we have considered, cannabis is at or near the bottom in comparison with other psychoactive substances,” said author Robin Room, in an analysis contained in a 700-page EU report on cannabis. The report, A Cannabis Reader: Global Issues and Local Experiences, was published yesterday by the European Monitoring Centre for Drugs and Drug Addiction to coincide with international day against drug abuse and illicit trafficking. Coincidentally the same day the NZ Police tells us Cannabis is the biggest threat to society.

NZ’s Police Intelligence will choke on this. The bastards need to stop telling lies. It’s not in their mandate, indeed according to the Police Act, warrants ‘to arrest’ are based on them telling the truth… they could make a good start here, this report spills the beans. Until they read (and apply) this they are without moral authority.

Blair Anderson ‹(•¿•)›

Social Ecologist ‘at large’
http://mildgreens.blogspot.com/
http://blairformayor.blogspot.com/
http://blair4mayor.com/
http://efsdp.org/

ph (643) 389 4065 cell 027 265 7219

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Professor Dawkins on Class D

June 21, 2008

Professor Dawkins (Otago School of Law) on Class D

(recorded at the Dunedin Cannabis Week, May 2008)

Blair Anderson
http://mildgreens.blogspot.com

Cannabis: The Public Health Issues 1995-1996

May 6, 2008

“It is therefore recommended that an intersectoral policy to improve health by reducing cannabis related harm should be developed as part of a comprehensive national policy on tobacco, alcohol and other drugs.” (notably a health primitive completely at odds with the terms of reference of the Law Commission, though remarkably like Class D)

Monitoring and evaluation

Policy should be continually monitored and evaluated to ensure that it is meeting its objectives and is in line with the latest evidence. Because of their integral nature, monitoring and evaluation should be built into the policy development process itself. (Yeah Right!)

Outcome targets
• To reduce the prevalence of current marijuana use (used in the last 12
months and not stopped using) from 12 percent of persons aged 15 to 45
years in 1990, to 8 percent or less by the year 2005 [baseline, Black and
Casswell 1993].
• To reduce the prevalence of frequent marijuana use (used 10 or more times
in the last 30 days) from 2.4 percent of persons aged 15 to 45 years in 1990,
to 1.5 percent or less by the year 2005 [baseline, Black and Casswell 1993].
(ROTFL)


URL: http://www.ndp.govt.nz/moh.nsf/pagescm/1044/$File/cannabispublichealthissues.pdf
Linked from: http://www.ndp.govt.nz/moh.nsf/UnidPrint/CM1044?OpenDocument

Cannabis: The Public Health Issues 1995-1996 (PDF, 335 KB)
cannabispublichealthissues.pdf

"Beyond 2008" Regional Report gets a "D"

April 9, 2008

An 'ecstasy' tablet - seized by law enforeceme...Image via Wikipedia

“Beyond 2008” Regional Report.

This report presents the findings from the consultations held in Australia and New Zealand as part of Beyond 2008, a project of the Vienna NGO Committee on Narcotic Drugs. Beyond 2008 is a rare opportunity for grass-roots expertise to contribute to a global drug policy process.

The Australian and New Zealand consultation round was one of thirteen held in nine regions across the world.

Here is what it said about Class D in the New Zealand section.

A selection of products containing BZP.Image via Wikipedia

An example of flexibility in legislation is the introduction of an additional class (Restricted Substances category, colloquially known as “class D” in the schedule of controlled drugs under the Misuse of Drugs Act 1974). Benzylpiperazine (BZP) is currently the only drug in this schedule, leading some participants to note that the schedule is under-utilised. Giving some weight to this argument, BZP has recently been reclassified as a class C1 controlled drug under the Misuse of Drugs Act. The upcoming review of the Misuse of Drugs Act was noted as an opportunity to further explore the boundaries of the flexibility around drug control legislation and related policy.


Notably, although the writer and CLASS-D advocate was an offical ‘interloper’ who just turned up, (easier to ask permission later) and contributed to the evidence base on behalf of NZ’s 500,000 pot consumers, there was no mention in dispatches. For the international voices attending Beyond 2008 Class D was a novel response worthy of maintaining a watching brief on. Certainly the above acnowledgement of CLASS D as a means to an end (and to consideration by the Law Commission) by further enabling of the ‘boundaries of the flexibility around drug control legislation and related policy’ can only be a good thing.
full text can be obtained here
These are interesting times…..

Blair Anderson ‹(•¿•)›
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Class D, Legal Regulation reduces Meth: New Statesman.

April 4, 2008

In 1999, the New Zealand government was facing a rising crystal meth problem and took the unusual step of creating a new class for “harm reduction” drugs, Class D, allowing licensed companies to make and sell piperazine-based highs. So far, five million BZP pills have been sold in New Zealand and Bowden’s Stargate business has the lion’s share.

http://www.newstatesman.com/200610230025

More crucially the failings of drug policy couldn’t be more evident than the the lying b’stards (and former NZ Police at that) over at MethCon . Who dreamed that word up?. Opening line of their latest media missive New ‘Ice Age’ is drug scourge of New Zealand

It begins with the illusion that P has exceeded the popularity of cannabis. What have these guys been smoking? New Zealand has the highest cannabis uptake in the OECD. It couldn’t be more popular if it was made compulsory. Meth is a stink drug. MethCon says its “wakefulness, hyperactivity, lots of energy and euphoria” will lead to “one of the most serious threats to the workforce, and indeed, society as a whole.” I don’t see the connection between these two but MethCon does, it may have something to do with asking for money to save the planet.

I have heard “P” described by host and senior female police officer at a “Healthy Christchurch” community event as a “30 Minute Orgasm”… (whereupon a sheepish if lone voice was heard to call ‘where can I get some!’).

Parents, keep these guys, particularly former detective Sabin, out of your schools and away from your children, they set a bad example and should be embarrassed by, rather than proud of perpetuating the Meth Con on our kids.

Teachers teach kids, whereas former Police, Drug Addicts and Alcoholics foster double standard impediments to health promotion. Ottawa Charter stuff…

Send the kids to Class D, and respect adult choice.
[ Class A drugs are much too good for them anyway!]

Blair Anderson,
Educators for Sensible Drug Policy EFSDP.ORG

Drug Classification "Hot Topic"

March 26, 2008

TX goes to the Ashburton Guardian for at least getting the story pretty much straight.

Blair Anderson
http://mildgreens.blogspot.com