New Zealand, legal highs and sensible supply-side policies

Existing policy in the UK is rooted in the false assumption that if you make something illegal, people will stop doing it.

The UK government could learn a lot from New Zealand about how to sensibly control the proliferating supply of so-called “legal highs”, according to the All-Party Parliamentary Group for Drug Policy Reform

While governments in Europe and the United States frantically ban substances to keep up with new synthetic drugs, lawmakers in New Zealand are using reason and a sensible legislative process to “to protect vulnerable consumers, particularly young people.”

Yet far from being another ham-fisted crackdown on drugs, the New Zealand proposal represents the first steps to a regulated market, which would require any new substances to go through a lengthy testing process before they could be approved for legal sale.

Potential manufacturers of new psychoactive substances will have to submit to roughly $180,000 NZD (£95,000 GBP) in application fees plus an additional NZ$1m to NZ$2m (around £526,000 to £1.05m) in costs to test each product they want to sell.

And there are strict penalties for attempts to bypass the law, which could go into effect later this year, including up to eight years in prison.

This is a monumental development for a number of reasons.

First, it has always been difficult to separate the impact of drugs from the impact of bad policies (as the peers group rightfully acknowledged). There is no doubt that so-called “legal highs” (sold as plant food, collector’s items or bath salts) can be very dangerous. But every time they are banned, new – even more hazardous – substitutes hit the market to take their place.

This creates a “Sorcerer’s Apprentice” situation where we find ourselves wishing we were only facing the original adversary. Consider that many synthetic substances in Europe are substitutes for cannabis. In 2011, the European Union officially notified 49 new psychoactive substances through its early warning system, 23 of which were synthetic cannabinoids.

While there are risks to using cannabis that should certainly be addressed, no-one is ever known to have suffered a fatal overdose on it and its health impacts are considerably better understood than its synthetic counterparts.

“Evidence presented here indicates that, paradoxically, the banning of one drug can make the situation worse by stimulating the production of yet more new, unknown and potentially dangerous substances,” the All-Party group writes.

The New Zealand policy aims to halt the legislative incentive to develop more new drugs.

Furthermore, one very serious danger of current policies on synthetic substances is that their main purpose for being is to evade accountability. As it stands, legal highs – though often using banned components – exist in a grey area. As various pieces of legislation scramble to control them, various substances often remain unregulated, unknown and out of control. No one knows their impacts and the only way to find out is by hard, sometimes deadly, experience.

And once the system takes control – via criminal sanctions – the process begins again with newer more enigmatic substances emerging.

“Each new substance may be more harmful than the substance it replaces,” the report adds. “But more than anything, young people are taking substances whose content and strength are unknown to them. The risks of harm/overdose must be greater than for well established substances.”

Which leads us to the most important factor in this new policy -- it may actually tell us something about prohibition in general.

In 2008, the United Nations Office on Drugs and Crime discussed unintended consequences of the current control system. One was referred to as “substance displacement” – which is to say, “If the use of one drug was controlled, by reducing either supply or demand, suppliers and users moved on to another drug with similar psychoactive effects, but less stringent controls … The increasing popularity of synthetic drugs can be better understood also in this light.”

This comes very close to acknowledging that potentially harmful legal highs are a byproduct of prohibition.

Existing drug policies are generally rooted in the false assumption that if you make something illegal, people won’t use it and hence they will be protected from its harms. In the end, the exact opposite tends to be true because once something is illegal, the standard policy levers of government are out of reach.

As the All-Party group writes, “A useful feature of New Zealand’s planned policy is to assess both the harms arising from a particular substance and the harms arising from controlling it.”

Might we the UK also be better served by begin regulatory processes to understand the drugs that people are taking and developing policies that address their relative risks?

That is precisely what New Zealand has started doing. It’s worth a closer look.

Kasia Malinowska-Sempruch is the director of Open Society Foundations Global Drug Policy Program

Photograph: Getty Images

Kasia Malinowska-Sempruch is the director of Open Society Foundations Global Drug Policy Program.

Getty
Show Hide image

Are there “tens of thousands” who still don't have their Labour leadership ballot paper?

Word has it that swathes of eligible voters have yet to receive their ballot papers, suggesting there is still all to play for in the Labour leadership contest. But is it true?

Is there still all to play for in the Labour leadership contest?

Some party insiders believe there is, having heard whispers following the bank holiday weekend that “tens of thousands” of eligible voters have yet to receive their ballot papers.

The voting process closes next Thursday (10 September), and today (1 September) is the day the Labour party suggests you get in touch if you haven’t yet been given a chance to vote.

The impression here is that most people allowed to vote – members, registered supporters, and affiliated supporters – should have received their voting code over email, or their election pack in the post, by now, and that it begins to boil down to individual administrative problems if they’ve received neither by this point.

But many are still reporting that they haven’t yet been given a chance to vote. Even Shabana Mahmood MP, shadow chief secretary to the Treasury, still hasn’t received her voting pack, as she writes on the Staggers, warning us not to assume Jeremy Corbyn will win. What’s more, Mahmood and her team have heard anecdotally that there are still “tens of thousands” who have been approved to vote who have yet to receive their ballot papers.

It’s important to remember that Mahmood is an Yvette Cooper supporter, and is using this figure in her piece to argue that there is still all to play for in the leadership race. Also, “tens of thousands” is sufficiently vague; it doesn’t give away whether or not these mystery ballot-lacking voters would really make a difference in an election in which around half a million will be voting.

But there are others in the party who have heard similar figures.

“I know people who haven’t received [their voting details] either,” one Labour political adviser tells me. “That figure [tens of thousands] is probably accurate, but the party is being far from open with us.”

“That’s the number we’ve heard, as of Friday, the bank holiday, and today – apparently it is still that many,” says another.

A source at Labour HQ does not deny that such a high number of people are still unable to vote. They say it’s difficult to work out the exact figures of ballot papers that have yet to be sent out, but reveal that they are still likely to be, “going out in batches over the next two weeks”.

A Labour press office spokesperson confirms that papers are still being sent out, but does not give me a figure: “The process of sending out ballot papers is still under way, and people can vote online right up to the deadline on September 10th.”

The Electoral Reform Services is the independent body administrating the ballot for Labour. They are more sceptical about the “tens of thousands” figure. “Tens of thousands? Nah,” an official at the organisation tells me.

“The vast majority will have been sent an email allowing them to vote, or a pack in one or two days after that. The idea that as many as tens of thousands haven’t seems a little bit strange,” they add. “There were some last-minute membership applications, and there might be a few late postal votes, or a few individuals late to register. [But] everybody should have definitely been sent an email.”

Considering Labour’s own information to voters suggests today (1 September) is the day to begin worrying if you haven’t received your ballot yet, and the body in charge of sending out the ballots denies the figure, these “tens of thousands” are likely to be wishful thinking on the part of those in the party dreading a Corbyn victory.

Anoosh Chakelian is deputy web editor at the New Statesman.