NEW DRUG LAWS 'DRACONIAN AND BREACH HUMAN RIGHTS'

New laws increasing police power to search and seize suspected drug
dealers' substances are draconian and breach basic human rights, the
Government was told today.

The health select committee was hearing submissions into the Misuse of
Drugs Amendment Bill (No. 3) which will give police and customs wider
powers to track and charge people dealing in drug ingredients.

Officers will be able to search people suspected of possessing
precursors for pure methamphetamine, known as "P".

P is manufactured using psuedoephedrine which is found in some common
pharmacy cough and flu medicines.

The Drug Foundation said there was a need to reduce the amount of
"doctor and pharmacy shopping" for psuedoephedrine.

"However there are substantial human rights issues in detention,
search and seizure without warrant, and we strongly recommend that the
select committee ensure these are fully addressed during the scrutiny
process and possibilities to reduce the impacts considered," Drug
Foundation executive director Ross Bell said.

A proposal to decriminalise the possession of needles and syringes for
intravenous drug use did not go far enough, he told the committee.

The removal of all penalties would reduce New Zealand's six per cent
needle share rate, or even eliminate it entirely, and decrease the
rates of HIV/Aids and hepatitis C infection.

If exchange programmes had not been introduced, by 2001 there would
have be 1454 more people with hepatitis C and 1031 more with HIV/Aids,
Mr Bell said.

National Organisation for the Reform of Marijuana Laws (Norml) said
expanding search and seizure jurisdictions would result in abuse of
police power.

"These are draconian powers and not to be handed out lightly," Norml
president Chris Fowlie told the committee.

Under the legislation "presumption of supply" laws will apply at lower
amounts for some drugs such as P and marijuana.

The new levels were completely arbitrary, Mr Fowlie
said.

If people were caught with 100 cannabis joints, 10 plants or one ounce
or cannabis they were considered suppliers.

"These are just round figures that someone has plucked out of the
air."

Presumption of supply should be done on the basis drug purity, said
Matt Bowden of Stargate International, a drug harm reduction group.

Manufacturers could adjust the purity of the drugs they create to
ensure they were under supply amounts.

There is a false image that drug manufacturers were gang members, he
said

"It's actually the average addict, in their home, in their
kitchen.

"When you become addicted to the drug and you can't afford to purchase
it any more ... you need to be involved in manufacture."

The bill was welcomed by the Pharmaceutical Society, whose members
monitor the sale of psuedoephedrine.

The new laws would assist in reducing the abuse of the
psuedoephedrine, society chief pharmacist advisor Euan Galloway said.

The committee will hold another round of public submissions into a
supplementary order paper by Associate Health Minister Jim Anderton
which calls for herbal party drugs such as benzylpiperazine (BZP) to
be criminalised.