Brown SimeonPSYCHOACTIVE SUBSTANCES (INCREASING PENALTY FOR SUPPLY AND DISTRIBUTION) AMENDMENT BILLThird ReadingSIMEON BROWN (National—Pakuranga): I move That the Psychoactive Substances (Increasing Penalty for Supply and Distribution) Amendment Bill be now read a third time.Madam Deputy Speaker thank you for the opportunity to speak to the third reading of this bill the Psychoactive Substances (Increasing Penalty for Supply and Distribution) Amendment Bill. It is now 15 months since this bill was drawn from the ballot and in the time since I've been continuously reminded about the importance and urgency of this issue. Whether meeting with families affected by these drugs toxicologists working in our hospitals or community advocates everyone has expressed the need for urgency in addressing this very real issue of synthetic drugs which we are facing in our communities. Over the past year we have seen the issue of psychoactive substances become a national focus as dozens of individuals across the country have continued to die and more and more lives have been destroyed by these terrible drugs. Just this week the coroner on Monday released updated statistics which show that in the 18 months since mid-2017 we have lost 80 lives to synthetic drugs. It is my sincere hope that 2019 will not see the same number of deaths and devastated lives as 2018 witnessed.I'm pleased to see that the Government's position has changed dramatically on this issue since I first brought this bill to the House last year. However tonight I also urge them to vote my bill into law. What I and those who have joined me across the House have been doing is sending a strong message to those who would seek to profit off the misery of others that these substances are not welcome on our streets that the preying of the malevolent on the vulnerable will not be tolerated and that if you need help we're here to give the assistance that you need.From the very beginning I've consistently acknowledged that this issue will not be comprehensively addressed by this piece of legislation alone but that it is an important part of how we tackle drug harm in New Zealand. We must indeed treat the usage of these substances as a health issue and ensure that we're providing the very best support and care that we can for those who struggle with using these drugs and the help they need to come clean. That is why I petitioned Parliament to have an inquiry into the support provided to those suffering from addiction to synthetic drugs. Unfortunately that petition was dismissed by this Government—probably the only inquiry they've ever said no to.However whilst we talk about the support needed for those suffering from synthetic drug harm we cannot in any way compromise our unequivocal condemnation of the manufacturing and distribution of these drugs. It is patently clear that the penalties we place behind crimes show how seriously we take the issue. Allow me to be clear: I take the issue of psychoactive substances very seriously and this is shown by my actions. When I looked at the penalties which apply to those found guilty of supplying synthetic drugs I was shocked to learn that the penalty was only a maximum of two years' imprisonment compared to a maximum of eight years for supplying marijuana. The dearth of penalties sufficiently strict to deter the supply and manufacturing of dangerous synthetic drugs is what has brought us to this point and while I commend the Government for finally coming to the point where they also acknowledge the need for increased penalties they have yet to pass their changes into law. Tonight as they will seek to vote against my bill they will have done nothing further than introduce a bill to first reading when it comes to this insidious issue.Yes they've promised to make AMB-FUBINACA and 5F-ADB class A drugs. Those are the two worst and most deadly synthetic drugs out there. However under the Misuse of Drugs Act the Minister of Health has the power to schedule these drugs as class A drugs today. However instead they are dragging their feet by legislating these measures while at the same time attempting to decriminalise all drugs by stealth. Let me be clear: the Minister of Health was first advised to schedule these drugs as class A last April and has yet to do this very thing one whole year on from receiving this advice. Just why the Minister has failed to do this is incredibly unclear and raises the question about whether the Government is actually committed to scheduling these drugs as class A. I challenge the Minister of Health tonight to take a call and explain why he has not used his powers under the Misuse of Drugs Act and acted urgently in scheduling these two substances which we know are causing so much pain and suffering in society. Is it because he knows the Green Party doesn't actually agree with this decision or is it because the Government is not fully committed to making this change?I also urge the Government to vote for my bill which is a necessary component of addressing the harm caused by synthetic drugs. While the Government is progressing legislation that amends the Misuse of Drugs Act and reclassifies these two potent forms of the drug I'm afraid the feet-dragging that we've seen means these measures are too little too late. The Government's legislation is too little. While they may be scheduling two of the worst synthetic drug strands as class A drugs it is very easy for synthetic drug manufacturers to simply change their recipes to avoid longer sentences. What we will see is manufacturers looking to create chemically different compounds which attract a lower penalty so that they can continue to sell their misery with a lower risk of imprisonment or punishment. My bill however by amending the Psychoactive Substances Act ensures that a consistent maximum penalty of 14 years' imprisonment is applied to those who supply any and all chemical compounds which make up psychoactive substances. If the Government only opts for classifying substances under the Misuse of Drugs Act they will always be playing catch-up with drug dealers and gangs. Yes they will have a new class C1 but how long will it take the Government to schedule new substances under this regime? It has taken them more than a year and they still have not scheduled AMB-FUBINACA or 5F-ADB after 80 deaths. How can the Government give New Zealanders confidence that they can tackle potential future drugs entering New Zealand?I've shared the story of Calum Jones a number of times in this House a story I feel illustrates the dangers of the current law so well. It is Calum and a tragic number of others just like him who should still be with us that motivated me to put forward this legislation. During the weeks before Calum's death he had gone clean and given up drugs but he was hounded by the dealer who supplied him. Over the last 72 hours of Calum's life he received more than a hundred text messages from the dealer preying on his past and on his vulnerability. Did the dealer know that this batch would kill Calum? No probably not. Was he ignorant of the harm that his drugs would undoubtedly cause? Definitely not. Was he aware of the risks? Indisputably. Those who deal these substances knowingly poison their clients and such heartlessness must be vigorously condemned by this House by ensuring that the penalties match the crime and the harm caused.The harm caused by psychoactive substances stems from as many causes as there are cases of use and drug harm in general must be pursued through a multifaceted approach. Much work remains to be done in this country as we continue to look at drug reform but the issue of psychoactive substances must remain a focal point of this discussion. While my critics may try to distort my position I believe we must take a health-based approach to those who use drugs and support those who suffer from addictions. However no progress will be made in this cause unless we can acknowledge the difference between using drugs and importing manufacturing and supplying drugs. A laissez-faire approach to drug law is not leadership; an education programme is not a plan. My heart goes out to those who suffer from the horrors of drug addiction yet if we do not try and take action to protect these individuals in a swift and meaningful way then we will not resolve these issues.In conclusion I'd like to again acknowledge the Justice Committee for their work in considering and addressing this bill; listening to the many many submitters who submitted and reporting it back to the House. I'd also like to thank everyone who has made a submission and has been involved in the process of this bill. I'd also like to acknowledge the support of New Zealand First for bringing this bill to this point.I commend this bill to the House and I urge members to vote for this important measure to put in place credible deterrence for those who would otherwise see no reason not to peddle these appalling drugs. I commend the bill to the House. Thank you.