Michael Baker says New Zealand’s approach to drug control is out of step with modern public health evidence, arguing that the country’s half-century reliance on the Misuse of Drugs Act has failed to reduce harm and is instead compounding it.
The public health academic has joined growing calls for a shift away from a criminal justice model toward a health-centred framework, warning that the status quo is driving preventable illness, deepening inequities, and placing avoidable pressure on courts and prisons.
A 50-Year Experiment in Criminalisation
New Zealand’s drug laws are primarily governed by the Misuse of Drugs Act 1975, legislation introduced more than five decades ago in a vastly different social and scientific context.
Baker points to long-term data showing that punitive enforcement has not eliminated drug use nor significantly curtailed supply. Instead, drug markets have evolved, synthetic substances have proliferated, and the potency and unpredictability of illicit drugs have increased.
From a public health standpoint, criminalisation has created barriers to early intervention. Individuals who use drugs are often deterred from seeking treatment for fear of stigma or legal consequences. The result is delayed care, higher rates of dependency, and more complex health presentations by the time people engage with services.
The evidence internationally suggests that enforcement-heavy models do little to change underlying demand. Substance use is driven by a mix of social determinants including poverty, trauma, mental health conditions, and social exclusion – factors that cannot be policed away.
Rising Harm and Disproportionate Impact on Māori
Recent trends show increasing overdose deaths and a rise in substance use disorders, particularly linked to synthetic drugs and methamphetamine. Emergency departments and frontline health providers are reporting greater acuity and complexity among patients presenting with drug-related harm.
Baker highlights the inequitable burden borne by Māori. Māori are more likely to be arrested and convicted for drug offences, despite similar or comparable rates of drug use across population groups. This has long-term consequences for employment, housing, and whānau stability, reinforcing cycles of disadvantage.
The health impacts are also disproportionate. Higher rates of mental distress, addiction-related hospitalisations, and contact with the justice system reflect structural inequities rather than individual failings. A criminal record can become a lifelong barrier, compounding social determinants that contribute to problematic drug use in the first place.
From a public health equity perspective, the current framework conflicts with Te Tiriti obligations and with national commitments to reduce health disparities.
International Evidence: Health-First Approaches
Baker points to international jurisdictions that have moved away from criminal penalties for personal drug possession and toward treatment-oriented systems.
Portugal decriminalised personal possession of all drugs in 2001, redirecting people into health assessment panels and treatment services rather than courts. Evaluations over two decades have shown reductions in overdose deaths, HIV transmission, and drug-related incarceration, without a sustained increase in overall drug use.
In parts of Canada, health authorities have implemented supervised consumption services, safer supply trials, and diversion programmes aimed at reducing overdose risk and connecting people to care. These initiatives are designed to treat addiction as a chronic health condition rather than a moral or criminal issue.
Other European countries have expanded opioid substitution therapy, needle exchange programmes, and community-based rehabilitation services, integrating harm reduction into mainstream healthcare systems.
The common thread in these models is the removal or reduction of criminal penalties for low-level possession, paired with sustained investment in prevention, treatment, and harm reduction.
What a Modern Drug Law Must Include
Baker argues that meaningful reform must go beyond minor amendments. A modern, health-based drug law would require several core components:
Decriminalisation of personal possession
Removing criminal penalties for low-level possession would reduce the burden on the justice system and prevent lifelong criminal records for behaviour better addressed through health services.
Diversion to treatment and assessment
Police and courts would have clear pathways to refer individuals into health and social services, including addiction treatment, mental health care, and housing support.
Expanded harm reduction services
Investment in needle exchange, drug checking, opioid substitution therapy, and overdose prevention initiatives would reduce acute harm and infectious disease transmission.
Equity-focused implementation
Reform would need to prioritise Māori health outcomes, with Māori leadership in service design and delivery to ensure culturally grounded responses.
Robust monitoring and evaluation
Any new framework would require transparent data collection to measure impacts on overdose rates, treatment uptake, drug use prevalence, and justice system involvement.
Under the current model, courts process thousands of low-level drug cases annually, while prisons house a significant number of people for drug-related offending. This diverts resources from serious crime and strains an already overburdened corrections system.
At the same time, addiction treatment services face long waitlists and funding constraints. A health-first approach, Baker argues, would redirect public investment toward prevention and early intervention, reducing long-term costs associated with incarceration, emergency care, and chronic health conditions.
Fifty years after the introduction of the Misuse of Drugs Act, Baker maintains that the evidence base is now clear. Criminalisation has not eliminated drug use and has contributed to widening inequities and escalating health harm.
He contends that reform is not about endorsing drug use but about reducing preventable deaths, improving access to treatment, and aligning policy with contemporary public health knowledge.
As overdose numbers rise and pressure mounts on both health and justice systems, the question facing lawmakers is whether to persist with a punitive framework rooted in the 1970s – or to adopt a model that treats addiction as a health issue in the 2020s.
