The
recent deaths of eight people in Auckland from using new psychoactive
substances are appalling.
Inevitably,
they have caused much speculation and comment, and a lot of that has been
widely inaccurate, and off the mark.
At
the risk of repeating some of the remarks I made a couple of weeks ago, a brief
history lesson is in order. Psychoactive substances, legal highs, have been
around for a very long time. Their origins internationally date back to various
medical formulae developed in the 1960s as potential cures for common diseases
which, although not effective in that role, were found to have a psychoactive
effect, and hence created a market opportunity for those wishing to promote
them as such. They first appeared in New Zealand in the 1990s but it was during
the first decade of the 2000s that the explosion of legal highs on the
international market, and the problems they were likely to cause, first became
apparent. At that time, they were being sold freely at convenience stores up
and down the country, with absolutely no regulation or control over product
content, or to whom they were being sold.
I
took the first significant step to control the spread of these substances in
2010 when I put legislation through Parliament to allow bans of up to two years
to be imposed on psychoactive substances considered to be dangerous, or to contain
illegal substances. Under the temporary ban regime, 43 substances and many more
product combinations were banned between 2011 and 2013. But it soon became
clear that the international pyschoactives industry was so extensive that we,
along with most other countries, were going to have difficulty keeping ahead of
the game.
Our
2013 Psychoactive Substances Act set up a system whereby registered
manufacturers must submit their products
for testing to prove they of low risk to users, before being permitted to sell
them in a highly regulated market. When the legislation was passed, there were
around 4,000 convenience stores up and down the country selling more than 300 different
legal high products, without any control or restriction. The day the
legislation took effect, as an interim step, the 4,000 stores were immediately
reduced to around 150 R18 stores only, and the product range slashed to around
41 products. That interim step was always intended to be just that and I
removed it altogether a few months later, leaving no legal stores, and no
products to sell. Because Parliament prohibited at the same time animal testing
as a way to verify the low risk of products (a proper decision in my view), no
manufacturers have subsequently applied for manufacturing licences, no new
products have been submitted for testing, and none have been approved for sale.
However,
the absence of a regulated market has had the undesirable – and as I said at
the time, inevitable – consequence of driving the psychoactive market
underground. What we are now seeing emerging in Auckland are completely
unregulated illegal products, the precise composition and toxicity of which are
not known, because they are not able to be tested, being sold on the black
market. Some concoctions may have been prepared overseas and smuggled across
the border, others may be local mixtures, but all are lethal. The claims being
made that this awful situation is all the fault of the Psychoactive Substances
Act regime, because it opened up the market, when in reality it closed it down,
are palpably ignorant, and show a wilful and deliberate misunderstanding of the
facts.
Right
now, my immediate concern is the current situation, which seems to mirror what
has been happening in other countries in recent months. I have set up an
emergency response team in Auckland, involving the Ministry of Health,
Auckland’s District Health Boards and the Police to work together to identify
the particular substances being used, have them tested, and provide appropriate
treatment for affected persons.
In
the longer term, though, we need better information about the flow of new
psychoactive substances potentially coming over our borders. There are
potentially hundreds more such substances yet to be released. That is why New
Zealand is working with other countries to establish an early warning system by
which we can share information with others on current developments. That system
is likely to be in place next year.
And
then there is the question of the Psychoactive Substances Act. The regulated
market it sought to establish is still the best way forward, but the issue of
animal testing has to be overcome. I have therefore asked Ministry of Health
officials to review this matter to see if credible alternatives have yet been
developed internationally that we can draw upon.
Now my critics say that all this is merely displacement activity – that there would be no problem with psychoactive substances if we simply legalised natural cannabis, and that my efforts are really just flapping around the edges, so I should grasp the nettle of cannabis law reform. Well, I have two responses to that. First, since 2013 I have set out consistently, more so than most politicians, a framework for reforming cannabis law, based around the Psychoactive Substances Act and Portugal’s health centred approach. The Drug Foundation has now proposed a similar approach. My second response is that, contrary to what some might naively imagine, I cannot do this by the stroke of a pen. Change requires support in Parliament, and with National and Labour staunchly opposed, that is unlikely any time soon, no matter what I might think.
So,
in the meantime, my very strong advice to people is to stay well clear of any
psychoactive substances – they are dangerous, potentially fatal, and best
avoided completely.