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The number of police prosecutions for recreational drug use appears to have halved since a pivotal law change, though police are still sending more than 60 people a month to court.
This was described as effective decriminalisation for personal drug use — though not by politicians — and was hoped to swing the pendulum away from the punitive towards a more health-based approach.
This has generally happened, as police use of alternative action has increased and prosecutions have dropped.
In each of the years 2016-17, 2017-18 and 2018-19, more than 1500 people (an average of 1561) faced drug use/possession charges as their most serious offence.
This dropped to 1354 people in the 2019-20 year, when the law first came into effect, and then further to 823 in 2020-21, and then to 666 people in 2021-22.
For the 2022-23 year, this crept up again to 747 people, or about 62 people each month facing a drug use/possession charge as their most serious offence. They make up only 13 per cent of the total number of people facing a drug use/possession charge regardless of what other charges they might also face.
This number has also dropped, though not as steeply, from just over 9000 people a year before the law change, to 5821 people in 2022-23.
Police are also becoming less likely to lay charges for drug use/possession if it’s the most serious charge the person is facing. They used to make up about 17 per cent of all those who faced the charge, but this has fallen to just under 13 per cent.
There was a period from late 2021 to late 2022 when about one in five drug users was being charged while the rest were given an alternative resolution. This ratio swung towards the more punitive in 2022-23, when it was about one in four.
And the chances of being charged were much higher if the person was facing other charges that were more serious than drug use/possession: about 50-50 in the 2022-23 year, and slightly higher for Māori.
This is considered a more accurate reflection of how police respond to recreational drug use, rather than looking at all drug use/possession charges. The Ministry of Health has also used this metric in its analysis of the impact of the law change.
Police have released their own reports and data on the impact of the law change, but looking at all those who face drug use/possession charges, most of whom face more serious charges at the same time. Their research shows criminal history is the main factor in whether police decide to prosecute.
There are, however, common patterns among both sets of data: police prosecutions for drug use/possession have declined markedly since the law change, both in raw numbers and in the shrinking proportion of those charged, reflecting an increasing use of alternative action.
And the vast majority of police proceedings for this offence involve cannabis or methamphetamine.
Police use of discretion has changed dramatically following a 2019 law change that was hoped to lead to a more health-based approach to drug use. Photo / Marty Melville
With dozens each month still ending up in court, proponents of drug law reform would have hoped the law change would have made more of a difference. Personal drug use can be done in a way that isn’t harmful, and they argue a conviction in such a scenario is a disproportionate punishment.
This is supported by the 2018 report, He Ara Oranga, into mental health and addiction.
“The criminalisation of drugs is widespread around the world, yet it has failed to decrease drug use or the harmful effects of drug use and has contributed to social issues such as gangs’ involvement in the supply of drugs, prison overcrowding, unemployment and family separations,” the report says.
“Criminalisation downplays the health and social impacts of drug use that can best be managed by providing support to people early and throughout their lives. Having a conviction for a drug offence can affect an individual’s ability to gain employment, maintain relationships and travel, and the fear of these long-term consequences (in addition to potentially serving time in prison) creates a significant barrier to a drug user seeking support for recovery.”
It was also hoped the law change would have police sending drug users who needed help to a new health referral pathway, but that is being used in only 3 per cent of all drug use/possession proceedings.
Those involved in the sector — including health and legal groups, and proponents for criminal justice reform — have been pushing for an overhaul of the MODA because it is almost 50 years old and is widely considered no longer fit for purpose.
However, Prime Minister Christopher Luxon has said he has no plans to change the settings around drug legislation.
Derek Cheng is a senior journalist who started at the Herald in 2004. He has worked several stints in the press gallery and is a former deputy political editor.
