Psychoactive Substances Act 2013

Psychoactive Substances Act
New Zealand Parliament
Date of Royal Assent 17 July 2013
Date commenced 18 July 2013
Legislative history
Bill citation Government Bill 100—1
Introduced by Peter Dunne
First reading 9 April 2013
Status: Current legislation

The Psychoactive Substances Act 2013 is a law in New Zealand. It allows the legal sale of psychoactive substances such as party pills and legal highs by offering limited regulation in the form of licensing and pre-release human experimentation to test substance effects. Previously, such substances were sold legally in New Zealand in a relatively new experimental market aimed at decriminalising the production and sale of recreational drugs. Because of legal attitudes to drugs in New Zealand the government believes it can only control these drugs by identifying such substances when they are released to the market and then ban them using the Misuse of Drugs Act 1975, because of this reasoning manufacturers can quickly get around the ban by producing new variants.[1] In 2013 the bill passed in the House of Representatives of New Zealand. Only one legislator dissented.[2]

This law seeks to make manufacturers test and prove their products are low-risk before they can be sold. Required testing includes human experimentation and could potentially conflict with the spirit of the principle of section 10 in the New Zealand Bill of Rights Act 1990. Testing is expected to cost manufacturers $1 to 2 million dollars. There is also an $180000 application fee.[3]

The BBC opines this law "crosses a Rubicon" in global drug policy, because it changes the response of government to drugs from prohibition to regulation.[4] Countries around the world including United States, Hungary, Ireland, Britain, Australia and Canada expressed interest in the bill when it was presented at a United Nations Commission in Vienna in March 2013.[1]

The "legalisation" and deregulation, or decriminalisation, of selling psychoactive substances in New Zealand began as early as 2005 with the introduction of section 62 in the Misuse of Drugs Amendment Act 2005. This act was followed by the Misuse of Drugs (Restricted Substances) Regulations 2008. [5] The introduction of the Psychoactive Substances Bill could be seen as an extension of the deregulation of the selling of these types of drugs, although the bill goes some way toward appearing to impose limited restrictions. Legislation on drugs misuse in New Zealand could be criticised for having become somewhat messy and ineffective: with a series of acts, amendments and regulations making the law awkward for citizens (looking for a quick answer) to interpret.

Former party pill supplier Matt Bowden is planning to manufacture products that will pass the tests required by the law, suggesting the law's efficacy at limiting sale will itself be tested by drug manufacturers.[3]

References

  1. ↑ 1.0 1.1 "New Zealand a 'world leader' on party pills". New Zealand Herald. APN. 17 March 2013. Retrieved 30 March 2013.
  2. ↑ "Force of habits: the end for global drug prohibition?". South China Morning Post Publishers Ltd. New Scientist. Retrieved 13 April 2014.
  3. ↑ 3.0 3.1 "Dairy drug sales to be banned within weeks". The New Zealand Herald. 25 May 2013. Retrieved 25 May 2013.
  4. ↑ Easton, Mark (28 February 2013). "Kiwis on drugs: A blueprint for the future?". BBC. Retrieved 30 March 2013.
  5. ↑ "Misuse of Drugs (Restricted Substances) Regulations 2008". New Zealand Legislation. 6 October 2008. Retrieved 27 May 2013.

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