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The proposed cannabis legalization will ban items designed to appeal to young people, establish a four-year prison sentence for selling to under-20s, and allow cannabis ‘coffee shops’ to open.
On Friday, the government released details of the cannabis legalization and control bill, which will be voted on in one of two referendums in this year’s general election.
It was released in draft form in December last year.
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The final version also confirmed that the wording of the question on the cannabis referendum will be a direct ‘Yes or No’ option.
The bill establishes the regulatory regime that would legalize the production, possession and use of cannabis in New Zealand for people over the age of 20.
It reveals how regulation of consumer facilities would work, the approval process for cannabis products and what products would be prohibited, licensing requirements, how the bill proposes to reduce youth exposure to cannabis; and offenses and penalties.
CONSUMPTION
The cannabis market would be supervised by the Cannabis Regulatory Authority.
The market would start with the gradual introduction of cannabis, starting with fresh and dry cannabis, cannabis plants and seeds.
The law would allow people to buy up to 14 grams of dry cannabis (or its equivalent) per day, but only at authorized points of sale.
People will also be able to grow up to two plants, with a maximum of four plants per household, and share up to 14 grams of dry cannabis (or its equivalent) with another person 20 years of age or older.
It also sets fines of up to $ 500 for using in public and up to four years in prison for supplying cannabis to those under the age of 20.
But a person under the age of 20 who is in possession of cannabis will not face a conviction.
They would receive a “health-based response,” such as an educational session, a health or social service, or they would pay a small fee or fine.
CANNABIS COFFEE STORES
The bill also opens up the potential for cannabis “cafes”.
These would include BYO coffees and combined retail and consumer outlets that would be required to provide conventional food and beverages.
They could not sell alcohol or tobacco, but they would be allowed to smoke or vape cannabis indoors.
The referendum website states that the primary purpose of “consumer facilities” was to provide legal places to consume cannabis outside the home.
They would have to provide information on how to use cannabis and safely monitor customers.
PRODUCTS AND PACKAGING
In what is likely to be New Zealand’s first push, the government has made it clear that it does not want teens to smoke marijuana.
Cannabis edibles would have to meet specific requirements and would be prohibited if determined to be attractive to children and young people.
They will be required to be solid at room temperature and should be restricted to baked goods that do not require refrigeration or heating and that are produced in separate premises from those used for conventional food production.
The bill prohibits beverages that include cannabis, products designed to increase the psychoactive or addictive effects of cannabis, roots or stems that contain dry or fresh packaged cannabis.
Products containing alcohol and tobacco and injectable products, suppositories, and products for the eyes, ears, or nose will also be prohibited.
Advertising, promotion and sponsorship of cannabis products and cannabis businesses would also be prohibited.
Packaging could not be aimed at children and youth in any way and requirements would be developed that discourage cannabis use, such as plain packaging and health warnings.
REGULATION
Regulation of how cannabis is produced and supplied would be done by limiting the total quantity of licensed cannabis for sale, controlling the potency and content of cannabis and licensed cannabis products, and applying a special tax when a product is packaged and sold. tag for sale.
The tax would be based on weight and potency and a levy, similar to that applied to alcohol and gambling, would finance services to reduce harm to cannabis.
There would be restrictions on the appearance of the premises that would include rules against promoting the fact that cannabis is available for purchase indoors.
A licensing system would also be established for all cannabis related companies.
It would also regulate the location and business hours of premises where cannabis is sold or consumed, in consultation with local communities.
It prohibits people from importing cannabis and only allows licensed companies to import cannabis seeds.
An assessment would apply to all license applicants, directors, and individuals who supervise cannabis operations under authorization, and the police investigation would be included in the process.
Some less serious prior convictions, by themselves, will not disqualify the person.
A limit would limit the amount of cannabis available for sale on the licensed market and no licensee could have more than 20 percent of the limit.
A cabinet document reveals that the bill did not address certain policy issues that were postponed until after the referendum.
This included the current laws under the Drug Abuse Act and the interface with medical cannabis.
The cabinet document also states that the law would face international legal problems and have implications for foreign policy because New Zealand is currently bound by the United Nations Drug Conventions.
The law would be revised after five years of operating as a licensed regime.
REFERENDUM
If more than 50 percent of people vote ‘yes’ in the referendum, recreational cannabis would not immediately become legal.
After the elections, the incoming government could present a bill to Parliament that would legalize and control cannabis.
According to the referendum website, this process would include an opportunity for the public to share their thoughts and ideas on how the law might work.
Justice Minister Andrew Little said it was important that all eligible voters have an opportunity to be informed about upcoming referendums.
No further updates to the bill will be made before the referendum, he said.
The explanatory material of both referendums would be included in the Electoral Commission registration update and in EasyVote card mailing to voters in the run-up to this year’s elections.
“It is important for the public to feel that they can meaningfully participate in the referendum.”
The referendum was a compromise in the Green Job Trust and Supply Agreement, he said.
Green Party drug reform spokeswoman Chlöe Swarbrick said Kiwis now had a clear vision of how a safe and regulated cannabis market would work.
The bill adopted an evidence-based harm reduction approach to control access and produce better justice and mental health outcomes across Aotearoa, he said.
“The cannabis ban has left us with a dangerous and unregulated black market that puts communities and youth at risk. It has only removed the problem from view, where it has flourished in the shadows. “
“This bill is the framework for a game-changing regulation. It includes controls on who can buy cannabis, requirements for user education, standards for having a license to sell cannabis, and the establishment of a regulatory authority to monitor the sale and supply, “he said.