New Zealand: political conflict surrounding the legalization of medical cannabis

While New Zealand’s Labor government is busy implementing its plan to legalize medical cannabis, the National Party, which serves as the opposition, has just proposed a competing bill, insisting that it is not part of any political strategy. The government had, however, convened a committee tasked with reviewing amendment proposals from elected officials, and it appears the opposition chose to bypass this process. It has, in fact, criticized the government’s bill for being slow, incomplete, and overly restrictive.

The government's bill

The first bill allowed terminally ill patients or those with chronic illnesses to possess, use, and grow cannabis. However, it did not protect external cannabis suppliers, known as «green fairies,» leaving patients with no alternative to growing their own at home in order to obtain the medication legally. This forced patients to become amateur botanists, a barrier for some who would otherwise have been unable to access their treatment.

It also called for the establishment of a regulatory body to monitor product quality standards and availability. However, it was estimated that it would take at least two years to set up this body. In the meantime, the most critically ill patients were granted amnesty, but their suppliers were not. The Green Party, with the government’s approval, had attempted to address these delays by introducing the Legalization of Cultivation in 100 Days But the proposal had been rejected at first reading by some members of the National Assembly, including those from the National Party.

The National Party's Bill

While the National Party had initially supported the government’s bill, it is now proposing a competing version. Opposition Leader Simon Bridges criticizes the government’s bill in particular for failing to provide any details on the practical arrangements for the distribution of and access to the medication.

He criticizes the plan for being incomplete: «The government said it would expand access immediately and leave it to lawmakers to figure out the regulations and consequences later. This is a typical approach for this government, but it is unacceptable. That is why we have prepared a comprehensive alternative.».

Proposed by PN Representative Shane Reti, the bill would give medical cannabis the same status as conventional medications. It would therefore be approved by Medsafe, the medical regulatory authority, and available at pharmacies upon presentation of a patient card issued by a doctor. The law would authorize the cultivation and manufacture of cannabis at a distance of 5 km from residential areas and 1 km from wahi tapu, sacred sites of Maori culture. However, it prohibits advertising for cannabis products and provides for a review of the law by the Ministry of Health five years after it takes effect.

Reactions

Health Minister David Clark said it was shameful that the opposition was exploiting a public health issue to further its political agenda: «If they really wanted to do that, (…) they could have done it at any time over the past nine years.» Indeed, the National Party governed during the two previous terms. He also lamented that the party did not amend the bill instead of proposing a competing version.

Green Party Representative Chloe Swarbrick also criticizes the National Party’s bill because, in her view, it is very similar to her own bill, which the party had voted against. She laments the unilateral nature of the National Party’s approach and its lack of cooperation.

Michael Woodhouse, the National Party’s spokesperson on health and a member of the committee tasked with receiving amendments from elected officials on the government’s bill, denounced the government’s «ambivalent» stance and its lack of interest and political will: «There was no energy.».

The New Zealand Drug Foundation, which had called on the government to improve his bill is now encouraging both parties to work together to merge the proposals.

The parliamentary committee tasked with reviewing medical cannabis legislation now has two competing bills to consider and is unsure how to proceed. It is hesitant to include this new proposal in the legislative process, especially since the government’s bill still has majority support.