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The Shattered Pot That Is Cannabis Prohibition: An Analysis Of Cannabis Laws In New Zealand.

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Date

2022

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Volume Title

Publisher

Te Herenga Waka—Victoria University of Wellington

Abstract

This paper addresses the apparent issues of the Misuse of Drugs Act 1975 and the pseudo prohibitive approach of New Zealand regarding cannabis laws. The paper analyses the historical narrative and foundations of the modern-day laws against cannabis and how international influence, domestic racism and a lack of research resulted in the adoption oflaws which did not suit New Zealand at the time and still fails to cater to the needs of the nation. Currently the law continues to harm individuals through uncertain police and judicial discretion utilising outdated and subjective views of judges during sentencing and convictions for cannabis laws. Finally, the paper shows that legal theories fail to provide justification for cannabis prohibition and reveals the failures and lack of reasoning of cannabis prohibition.

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Keywords

Misuse of Drugs Act 1975, Historical Narrative, International Influence, Domestic Racism, Police and Judicial Discretion, Legal Theories

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