Steve Rolles

About Transform

Debate on regulation of drugs has moved decisively from margins to mainstream No longer just a theoretical debate – or limited just to decriminalisation; reform being debated, developed and implemented in multiple jurisdictions Regulation now a core part of discourse – vital that we are able to support and inform debate in a coherent and positive way But....regulation only one part of the jigsaw Context

2011 Global Commission encourages ‘experimentation by governments with legal regulation of drugs’ 2012 – Latin heads of state back debate on regulation 2012 – Washington/Colorado vote to legalise cannabis 2013 – New Zealand passes NPS regulation Bill 2013 – Uruguay Govt legalise and regulate cannabis 2013 – US majority support for cannabis regulation 2014 – Oregon and Alaska vote to legalise cannabis 2014 – US floats treaty flexibility argument 2015 – Canada announces cannabis legalisation 2015 – Mexico supreme court case Key recent moments

Often confused with legalisation No formal legal definition Generally understood as the removal of criminal sanctions for use or possession for personal use Focus is on decriminalising the person – not the drug Still and offense, and non-criminal sanctions remain (such as fines or treatment assessments) – as does confiscation Wide variety of policy & practice – difficult to generalise Distinction between de facto and de jure decriminalisation Decriminalisation

Generally refers to reducing or eliminating penalties for possession or other minor offenses Mostly best avoided – confusing and unhelpful Translation issues in international discourse. Depenalisation

‘Legalisation’ is a misunderstood and maligned term – best avoided ‘Legalisation’ is a process – not a policy position Legally regulated markets (production and supply/availability) – are the policy being advocated So more useful to talk about ‘legalisation and regulation’ or ‘moving towards legally regulated markets’ Legalisation / regulation

Talking about regulation

Regulation of risky products and behaviours is a primary function of government. Motive is public good. Distinction from ‘free markets’, or illegal markets regulated by entrepreneurs for whom motive is profit Regulation is the norm (Prohibition is the radical experiment) Regulation model shaped by risk and environment – no one size fits all model Activities outside of regulatory framework remain prohibited What is regulation?

Production and transit Products: dosage, preparation, price and packaging Vendors: licensing, training requirements Outlets: location, appearance, hours of opening Marketing: advertising, branding, promotions Buyers/Users: Who has access? - age controls A flexible menu of options – applied to different products in different environments (see Blueprint) What can we regulate?

1. Medical prescription and supervised venues e.g. OST 2. A specialist pharmacist sales model e.g. OTC Rx 3. Various forms of licensed retail e.g. off-licenses 4. Licensed premises for sale and consumption e.g. bars, coffee-shops 5. Unlicensed sales e.g. coffee, coca tea 5 models of regulation

Netherlands – long standing but problematic US state models – more commercialised Uruguay – stricter Govt controlled model Spain – non-profit cannabis social clubs Regulation in practice: Cannabis

Heroin prescribing – and other drug of choice prescribing New Zealand – NPS Regulation Bill Tobacco and Alcohol – WHO best practice Regulation of other forms of vice (inc. gambling and sex work) Regulation of medicines/pharmaceuticals Regulation in practice: Other

Emphasize the idea of ‘retaking control’ Regulate drugs because they are risky – not because they are safe Regulation is not a pancea / silver bullet Change will be phased / incremental Key messaging