|
|
|
Submission on Land Transport Amendment Bill (no 4) |
Aotearoa Legalise Cannabis Party
Submission on Land Transport Amendment Bill (no 4)
14 December 2007
“Given the lack of evidence of any significant impairment to drivers using cannabis and the fact that cannabis users are largely unlikely to drive when intoxicated and tend to be more careful when they do, present evidence suggests that the public health importance of cannabis alone, as a contributing factor to motor vehicle crashes, is negligible” p.25, Cannabis the Public Health Issues, 1995-1996, Min. of Health
We oppose the bill in its current form.
As it stands, the Bill has extreme potential for miscarriages of justice.
We believe the testing of cannabis should be taken out of any testing regime.
1
Major concern:
The legislation will disproportionately target and harm cannabis users. There is no proof that taking cannabis on its own impairs driving on the same order of known killer, alcohol. Cannabis also clearly has a real timeframe issue around it interms of its residual , unlike all the other drugs, including alcohol. Meanwhile known driving impairment factors such as fatigue, distraction, and inexperience, for example, are being completely left out of the impairment - and culpability - picture. There are no tests though they are indicated as greater factors in accidents.
2
Major concern:
Under section 6, new 57A (1 )
(b) the persons blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of -
(i) a controlled drug;
Minister of Transport Annette King stated that “If an illegal drug is detected in the blood specimen an offence would have been committed.” (Hansard, First Reading of Bill)
On the other hand the minister also states “…this (test) only measures the time that it is active.” (Hansard, First Reading of Bill)
As recognised by some MPs cannabis stays in the system a long time and will come up disproportionately and without demonstration of impairment. Where is the guarantee that residual levels of cannabis will not be wrongly treated as active / or impairing ? . Conversely, those who imbibe up to a legal limit of alcohol - another far more dangerous mind-altering substance - have some legal protection. This appears to be a major double standard.
3
Major concern:
Subjectivity of the test - police administering and deciding a test pass/fail test approved and gazetted by Minister of Police. It is already established that the Police appear to act in a prejudiced way, as seen in the disproportionate Maori arrest rates for cannabis (HSC, 2003). Such discrimination correlates with the disproportionate outcomes of Maori and drink driving fatalities (as pointed out in Tarania Turia’s 1st reading speech.)
Current discrimination against poor and Maori will be amplified as already indicated in the current statistics of Maori being arrested 4 times more than other new Zealanders under the current cannabis prohibition laws.
4
Major concern:
The Aotearoa Legalise Cannabis Party is concerned at the erosion of civil liberties in New Zealand, and believes MPs ought to be as well.
You would have to be wearing blinkers not to acknowledge the widespread social acceptance of cannabis use in our community.
This bill appears to be all about zero tolerance of cannabis, without proof of impairment.
Cannabis users will have unfair disadvantage under these circumstances. What safeguards will there be to prevent these people (statistically 1 in 8 of the New Zealand population) receiving wrongful convictions and / or increasing the New Zealand prison population ?
The party wishes to speak to the submission.
The Management Committee
Aotearoa Legalise Cannabis Party
PO Box 13486
CHRISTCHURCH
Tel 03 981 5878
secretary@alcp.org.nz
| |
