Concerns proposed threshold for synthetic cannabis supply risks turning heavy users into suppliers

Ross Bell says he’s worried heavy users could be at risk of being considered suppliers.

Criticism has been aimed at the proposed threshold for what is considered the legal threshold for supply of synthetic cannabis, with the Drug Foundation worried heavy users could be at risk of being considered suppliers. 

"We did find regular users would have a few grams a day, and very heavy users would be using around 40-45 grams a day," Drug Foundation's Ross Bell told 1 NEWS. 

The amendment to the  Misuse of Drugs Amendment Bill  would see 56g of and over of the substance presumed to be for supply, rather than for personal use.

"We think this is at the high end," Mr Bell said.

Major concerns have been raised about the legislation aimed at curbing the crisis.

"There is still the risk you're going to get people, really heavy users... then automatically being called by police a drug supplier and having to go to court."

The Law Society said in a statement the proposed changes to the bill "raises significant concerns and is being rushed through the legislative process without adequate evidence and analysis". 

Law Society spokesperson Chris Macklin told Select Committee today that at the "heart of this proposal" was the presumption that 56g is "sufficiently high to provide certainty that no one is unfairly being presumed guilty of supply". 

"It's by no means clear simply from the advice that 56g is high enough, if we're going to go that far.

"At that threshold like any other supply assumption threshold, the burden... transfers to the defendant to prove themselves a personal user, rather than someone who is guilty of holding it for supply."

"That's a significant burden and the Ministry of Justice's view that this is consistent with the Bill of Rights requires closer examination."

The Health Minister said today he was open to change and that it was a "balancing act". 

Earlier this week, new figures released to 1 NEWS found synthetic cannabis has caused or contributed to the deaths of more than 80 people in New Zealand in less than two years.

Mr Bell said it was shocking there had not been "action on the ground as a result of these deaths". 

"We're struggling to see the action on the ground. We would have assumed when you've got a handful of deaths action would happen real quick, but we haven't seen that."

"We've seen instead Government in our Parliament arguing over points."

He said a lot of the people who were being negatively impacted or dying due to synthetic drugs were "living on the margins of society, the homeless or in very vulnerable housing situations". 

"They often are using these drugs to cope with the real trauma and problems in their lives. To address those, let's not argue around should these be Class A or not, let's put money into putting these people into a house and social health support."

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