Dunne Peter: Motions — Misuse of Drugs (Classification of Ketamine) Order 2009 and the Misuse of Drugs (Presumption of Supply—Ketamine) Order 2009—Approval 
Dunne Peter: Motions — Misuse of Drugs (Classification of Ketamine) Order 2009 and the Misuse of Drugs (Presumption of Supply—Ketamine) Order 2009—Approval 
[Volume:662;Page:10668] 
Hon PETER DUNNE (Associate Minister of Health) 
: 
 I move  
That pursuant to section 4A of the Misuse of Drugs Act 1975 this House approve the Misuse of Drugs (Classification of Ketamine) Order 2009 and the Misuse of Drugs (Presumption of Supply—Ketamine) Order 2009 made under section 4 of that Act. 
 These orders demonstrate the Government’s commitment to prevent and reduce the harm associated with drug use in New Zealand. I am pleased that after considering these orders the Health Committee has recommended that they should be approved. The Health Committee has worked hard in its consideration of these orders in a short time frame. I thank all members of the committee for their valuable work. 
Ketamine is a short-acting dissociative anaesthetic currently listed as a prescription medicine in schedule 1 of the Medicines Regulations 1984. It is commonly and legitimately used by veterinarians primarily as an anaesthetic agent and is becoming increasingly used in human surgery and palliative care. However ketamine is also gaining popularity as a drug used illegally for non-legitimate purposes. When used in this manner ketamine can induce potent hallucinogenic effects including out-of-body - type experiences whereby the user feels numbness and detachment from themselves and others around them. 
The Expert Advisory Committee on Drugs has assessed this substance and noted that its recreational use can induce schizophrenia-like symptoms in healthy adults and that there is growing anecdotal evidence of physical and psychological symptoms of ketamine dependence amongst recreational users. Taking this into account the Expert Advisory Committee on Drugs provided advice that ketamine poses a moderate risk of harm and should be appropriately classified as a class C4 drug in schedule 3 Part 4 of the Misuse of Drugs Act 1975. The Expert Advisory Committee on Drugs further recommended that the presumption for the supply of ketamine be set at 10 grams whether or not it was contained in a substance preparation or mixture. This means that anyone found in possession of 10 grams or more of ketamine will be presumed to be in possession of the substance for the purposes of supply unless it is proven otherwise. 
As the Minister in charge of the National Drug Policy I believe that the classification of drugs should be based on expert medical and scientific advice. To this end I accept completely and commend to the House the recommendations of the Expert Advisory Committee on Drugs that ketamine be scheduled as a class C4 controlled drug and that the presumption of supply for this substance be set at 10 grams whether or not it is contained in a substance a preparation or a mixture. The classification of ketamine as a class C4 controlled drug will not remove the availability of ketamine for legitimate use by health professionals by veterinarians and by researchers who hold a controlled drug licence. But the classification will increase regulatory controls and increase police and customs enforcement powers to control the importation and diversion of ketamine for illegal purposes. 
As the synthesis of ketamine is complex this is not a drug that criminals can manufacture in New Zealand. Rather those who use ketamine for non-legitimate purposes are generally able to obtain the substance only from the theft of legitimate medical and veterinary stocks. Therefore real gains to control the harmful non-legitimate use of ketamine can be made by mandating for the safer storage of the substance in the same manner as other controlled drugs that are also medicines are stored such as morphine. That is what this classification will achieve. 
In regard to the proposed presumption of supply of ketamine I acknowledge that concerns have been raised in the past that presuming any quantity of a substance to be available for supply may be in breach of one’s right to the presumption of innocence. For this reason I support the Law Commission’s review of this matter within the wider review that is under way into the Misuse of Drugs Act and I will take very seriously the Law Commission’s recommendations in regard to the presumption of supply. 
However we also have responsibilities under the current legislation and that legislation mandates that should a specific presumption of supply such as 10 grams in the case of ketamine not be set then a default quantity of 56 grams will take effect. Members will surely agree that for a substance deemed by the experts to pose a moderate risk of harm possession of that particular quantity of ketamine would be excessive. Should the House agree to this motion I will direct the Ministry of Health to consult further with affected parties before setting an enactment date for the classification which will be brought into force with separate commencement orders. This consultation is necessary to ensure that hospitals veterinarians and other legitimate users of ketamine such as researchers are given enough time to prepare for the changing requirements in relation to the storage of the substance. 
These orders are necessary to limit the dangerous non-medical use of ketamine without compromising legitimate access to the substance by medical and veterinary professionals. They will send a message throughout the country that the harmful use of drugs is not acceptable and will not be condoned by this Government. I therefore commend these orders to the House.