Cannabis in New Zealand - Legality

Legality

Cannabis use is controlled by the Misuse of Drugs Act 1975. Possession of any amount of cannabis is illegal and can result in a fine of up to $500 or even a 3-month prison sentence. Section 7(2) of the Misuse of Drugs Act 1975 contains a rebuttable presumption against imprisonment in respect of possession offences in respect of Class C controlled drugs including cannabis. This presumption does not apply for offences of supplying or possession for supply. Anyone caught in possession of at least 28 grams of cannabis or 100 cannabis joints is presumed to be a supplier, unless the defendant can prove they are not. However, in R v Hansen, a majority of the Supreme Court held that this presumption was inconsistent with section 25(c) of the Bill of Rights Act, which affirms the right of those charged with an offence to be presumed innocent until proven guilty. They also held that it was not a justified limitation under section 5 of that Act. Cannabis is a Class C drug, of which the penalty for dealing can result in a maximum prison sentence of 8 years under the Act. There have been many public campaigns to decriminalise Cannabis but so far none have succeeded. It is generally accepted that the usage rate is high and possession in small quantities may not often be prosecuted. In some cases first offences may result in a formal warning and confiscation by police.

The Aotearoa Legalise Cannabis Party has stood candidates since the 1996 general election. They won 1.66% of the party vote in that election, the largest proportion in its history. The party has never won an electorate seat, without which they must receive at least 5% of the party vote to be represented in parliament.

In 2006, Green Party MP Metiria Turei's Misuse of Drugs (Medicinal Cannabis) Amendment Bill was drawn from the member's ballot. The purpose of the bill was to amend the Misuse of Drugs Act so that cannabis could be used for medicinal purposes, and to permit the cultivation and possession of a small amount of Cannabis by registered medical users or a designated agent. The bill received a conscience vote at its first reading in July 2009, and was defeated 84–34. All MPs in the ruling National Party voted against the bill, as did the sole members from United Future and Jim Anderton's Progressive Party; while all members from the Green Party and ACT voted in favour of the bill (other than ACT MP Roger Douglas, who did not vote). The vote was split from MPs in the opposition Labour Party and the Māori Party.