2020 New Zealand cannabis referendum

The New Zealand cannabis referendum will be a non-binding referendum, on the question of whether to legalise the sale, use, possession and production of cannabis.[1][2] The form of the referendum will be a vote for or against the proposed "Cannabis Legalisation and Control Bill".

2020 New Zealand cannabis referendum
Do you support the proposed Cannabis Legalisation and Control Bill?
Date19 September 2020

The cannabis referendum will be held at the same time as the 2020 general election and a euthanasia referendum on 19 September. The preliminary results of both referendums are expected to be released on 2 October, with official results released on 9 October.[3]

The cannabis referendum will not affect the legal status of medicinal cannabis and hemp production, both of which are already legal. It will also not affect laws regarding driving under the influence of cannabis, which will remain illegal, or workplace health and safety issues (e.g. consumption or being under the infuence of cannabis at work).[2]

Background

After the 2017 general election, the confidence and supply agreement between the Labour Party and the Green Party included an obligation for the government to "have a referendum on legalising the personal use of cannabis at, or by, the 2020 general election".[4][5][6] This agreement followed statements made by the Green Party in December 2016, that if it formed a government in the 2017 election it would legalise the personal production and possession of cannabis for personal use.[7][8][9]

In May 2019, a background cabinet paper outlining the options that had been considered for the referendum and the draft legislation was released.[10][11][12] The referendum was announced and defended as "binding" by prime minister Jacinda Ardern and justice minister Andrew Little, but as it will not be "self-executing," the bill will still have to pass a vote in parliament if the referendum returns a "yes" result.[13][1]

Current laws
See also: Cannabis in New Zealand

Possession of any amount of cannabis is currently illegal in New Zealand. Cannabis use is currently controlled under the Misuse of Drugs Act 1975 and the maximum sentence for possession of cannabis is 3 months' imprisonment or a $500 fine; although there is a presumption against imprisonment.[14] The presumption of supply threshold is 28 grams or 100 joints; above this threshold it is presumed any cannabis possessed is for supply. Cultivation of cannabis carries a maximum penalty of 7 years' imprisonment, while dealing of cannabis carries a maximum penalty of 8 years' imprisonment.[15] Per the tariff case R v Terewi [1999], cultivating cannabis for personal use warrants a community sentence or, if there are aggravating factors, a short-term prison sentence.[16]

Approved cannabis-based pharmaceuticals can be prescribed by a specialist doctor, but requires patients to meet strict criteria. As of April 2016, only Sativex is approved for use in New Zealand; it is not subsidised, so patients must pay the full retail cost.[17]

However, the medicinal cannabis scheme significantly modifies the medical access to psychoactive cannabis products [18] [19] [20]. Auditing of medicinal cannabis products under the scheme opened in April 2020. As of 23 July 2020 products have not yet been certifed for minimum quality standards but approvals are expected within the next few months[21]. A list of currently approved psychoactive medicinal products is available on the Ministry of health website.[22]

Terminally ill patients have a legal defence against prosecution for possessing and consuming cannabis since the passing of the Misuse of Drugs (Medicinal Cannabis) Amendment Act in December 2018.[23][24]

Referendum question

In May 2020 the final legislation was made available and it was confirmed that the question put to voters will be:[25][26]

"Do you support the proposed Cannabis Legalisation and Control Bill?"

The two options will be:

  • "Yes, I support the proposed Cannabis Legalisation and Control Bill" or
  • "No, I do not support the proposed Cannabis Legalisation and Control Bill".

Proposed legislation

If passed into law, the proposed "Cannabis Legalisation and Control Bill" would serve as the new regulatory framework for the production, sale and purchase, and consumption of cannabis in New Zealand. A new regulatory body, the Cannabis Regulatory Authority would be established with the primary objectives of promoting the well-being of New Zealanders, reducing cannabis-related harm and to reduce the overall use of cannabis over time.[27]

The full text of the bill is available, along with a guide, from the New Zealand government's referendums website.[28][29]

The bill includes provisions for the following:

  • Minimum purchase and possession age of 20 years old.
  • Allowing an eligible person to purchase and possess up to 14 grams of dried cannabis (or its equivalent) per day.
  • Allowing each eligible person to grow up to two cannabis plants for personal use on their own property, up to a maximum of four plants per household.
  • A ban on marketing and advertising cannabis products
  • Requirement to include harm minimisation messaging on cannabis products
  • Confining use to private homes and licensed premises, and only in compliance with the Smoke-free Environments Act 1990.
  • Limiting the sale of recreational cannabis to physical stores (i.e. no remote or online sales)
  • Control over the potency of recreational cannabis being sold
  • State licensing regime for recreational cannabis
  • Applying an excise tax and a harm-reduction levy to cannabis products (in addition to the 15% GST which applies to all goods sold in New Zealand)
  • Establishing the Cannabis Regulatory Authority to licence and authorise supply

In the event of a "Yes" vote in the referendum, the cannabis bill may be introduced by the incoming government following the referendum and accompanying general election, but the results will not be binding,[27][1][30] as National have not committed to enacting the result if they win the 2020 election.[31]

Opinion polls and surveys

Many polling organisations ask New Zealanders questions related to cannabis legislation. Support for law reform around cannabis has been increasing in New Zealand in recent years.[32][33][34] These numbers tend to trend higher around support for medicinal use.[33] When voting age New Zealanders were asked in July 2017 if they supported "Growing and/or using cannabis for medical reasons if you have a terminal illness", 59% responded that it should be legal, 22% supported decriminalisation, while 15% responded it should be illegal. However, when they were asked their thoughts on "Possessing a small amount of cannabis for personal use", 37% responded that it should be decriminalised, 31% responded that it should be illegal, and 28% responded that it should be fully legal.[33]

Opinion polls leading up to the referendum are listed in the table below. Percentages may not add to 100 per cent due to rounding. Margin of error varies from poll to poll.

Graphical summary
A graphical summary of poll results leading up to the referendum with a 2-point moving trend line.

Individual polls
Date Polling organisation Sample size For Against Undecided Lead
9–13 Jul 2020 Research New Zealand 1,0124339184
20–24 Jun 2020 1 News Colmar Brunton 1,0074049119
10–14 Jun 2020 Horizon Research 1,5935643–13
6–9 Mar 2020 Research New Zealand 1,00043331910
21–26 Feb 2020 Horizon Research 1,986544519
8–12 Feb 2020 1 News Colmar Brunton 1,0043951912
23–27 Nov 2019 1 News Colmar Brunton 1,006434976
11–17 Nov 2019 Horizon Research 1,19948381410
3–4 Aug 2019 Horizon Research 1,0033947148
4–8 Jun 2019 1 News Colmar Brunton 1,0023952813
9 May 2019 Horizon Research 1,16152371115
3–17 Mar 2019 Research New Zealand 1,22029491820
10–26 Oct 2018 Horizon Research 99560241636
15–19 Oct 2018 1 News Colmar Brunton 1,0064641125
2–17 Jul 2018 Curia Market Research 943494732

Campaigning and endorsements

The rules regarding campaigning for the referendum are generally the same as for the general election. All advertisements must carry a promotor statement, stating the name and physical address of the promotor. It is illegal to campaign on polling day, or within a 10-metre radius of an advance polling booth.

During the three-month regulated period prior to polling day (i.e. 19 June to 18 September 2020), promotors have to declare their campaign expenses and there are limits on how much they may spend on referendum campaigning. The maximum expense limit is $330,000 per referendum for those promoters registered with the Electoral Commission,[35] and $13,200 per referendum for unregistered promoters.[36]

Yes vote

Individuals:

Organisations:

Political parties:

No vote

Individuals:

Organisations:

Political parties:

Results

Unlike the general election, a preliminary count for the cannabis and euthanasia referendums won't be conducted on election night (19 September). Instead, the referendum votes will be counted alongside the mandatory election recount.

All voting papers, counterfoils and electoral rolls are returned to the electorate's returning officer for counting. During the count, the returning officer wil approve and count any special votes, and compile a master electoral roll to ensure no-one has voted more than once. Special votes include votes from those who enrolled after the deadline of 16 August, those who voted outside their electorate (this includes all overseas votes), hospital votes, and those voters enrolled on the unpublished roll. To simplify processing and counting, overseas votes will be sent to and counted at the Electoral Commission's central processing centre in Wellington, rather than to electorate returning officers.[61]

Preliminary results for the referendums are expected to be released by the Electoral Commission on Saturday 2 October 2020. Official results for the general election and referendums are expected to be released on Saturday 9 October 2020.

References
  1. Cooke, Henry (7 May 2019). "Explainer: The cannabis referendum and why it isn't binding". Stuff. Retrieved 9 May 2019.
  2. "Cannabis legalisation and control referendum". Referendums 2020. NZ Government. Retrieved 1 May 2020.
  3. Malpass, Luke; Cooke, Henry (28 January 2020). "Jacinda Ardern announces 2020 election will be held on September 19". Stuff. Retrieved 28 January 2020.
  4. "New Zealand to hold cannabis referendum". BBC News. Retrieved 23 October 2017.
  5. "We could see legalised marijuana and free university under New Zealand's new PM". Abc.net.au. 21 October 2017. Retrieved 23 October 2017.
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  10. Little, Andrew. "Proactive Release - 2020 Cannabis Referendum" (PDF). NZ Government. Retrieved 9 May 2019.
  11. Small, Zane (7 May 2019). "Government reveals details of cannabis referendum". Newshub. Retrieved 9 May 2019.
  12. Little, Andrew (3 December 2019). "Referendums website and initial cannabis Bill launched" (Press release). New Zealand Government. Retrieved 3 December 2019.
  13. "5. Question No. 5—Prime Minister - New Zealand Parliament". New Zealand Parliament. 19 February 2019.
  14. Section 7(2)(b) Misuse of Drugs Act 1975
  15. "Possession and use of controlled drugs". Misuse of Drugs Act 1975 No 116 (as at 08 September 2011), Public Act. Wellington, New Zealand: New Zealand Parliamentary Counsel Office/Te Tari Tohutohu Pāremata. 8 September 2011. Section 7(2). Retrieved 26 February 2012.
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  36. Electoral Act 1993, section 204(b).
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