David Clark says the Government's bill to make drug use a health issue instead of a criminal issue won't let suppliers off the hook.Â
The Misuse of Drugs Amendment Bill would classify synthetic drugs AMB-FUBINACA and 5F-ADB as Class A drugs; dealers of Class A drugs face a lifetime in prison.
It would also codify police discretion into law, clarifying that a prosecution for drug use or possession - regardless of which drug - should only be pursued if it was in the public interest, taking into account whether a "health-centred or therapeutic approach would be more beneficial".
Yesterday, the Law Society and the Police Association told parliament's health select committee that the wording in the bill would effectively decriminalise all drug use and possession, because it would be easy to argue in court that every user would benefit more from a therapeutic approach than a prosecution.
However, Health Minister David Clark told Mike Hosking the Police are already using a health-based approach, and this bill just writes it into the law.
"The Police have been taking a really good approach [and] what we are doing with the law is codifying what they are already doing, which is using a health-based approach where they know it will be the most sensible thing to do."
He said it would make it easier for people struggling with addiction to get the help they need.
"Somebody is caught in the web of addition, they are not a criminal linchpin or anything else, they are just caught up, they are somebody's son or daughter who is really struggling with drugs and they just need help."
However, Clark said people would still be prosecuted if they are putting others in danger.
"If they [the police] believe, for example, a child is put at risk at a home or that there is some other reason that somebody should be facing prosecution rather than a health-based approach, they will use that discretion."
When challenged over whether this would increase the supply of drugs and therefore criminal activity, Clark said people will still be coming in contact with the law regardless of whether they are being prosecuted or not.
"They will still get caught and whether they end up in a diversion scheme or facing an alternate resolution process, they will come to the notice of the police. That aspect of it doesn't go away but we see that evidence around the world says that the war on drugs approach, where you lock everyone up, simply teaches people to be better criminals."
He said suppliers aren't going to be let off the hook. "You actually have to go after the criminal activity, you have to go after the suppliers and you have to be unapologetic about that," he said.
Take your Radio, Podcasts and Music with you