A senior lawyer has lambasted proposed legislation supporting availability of cannabis in the Cook Islands, saying it has ‘no guts’.

Norman George says cannabis should be decriminalised in the Cook Islands after witnessing the social and economic costs to the nation over recent decades.

He has also questioned the Cannabis Referendum Committee, charged with providing a progress report on medicinal cannabis, formed following a response to the August 2022 referendum on medicinal cannabis, which was in favour, with 62 per cent of respondents voting “yes”.

The referendum asked: “Should we review our cannabis laws to allow for research and medicinal use?”

“Why didn’t they invite people like me and other lawyers, probation officers, and the like who are dealing with people in court, to make submissions and discuss matters,” George said of the committee.

“What groundwork have they done?”

Cook Islands News reached out to Ben Ponia at the Prime Minister’s office for comments. 

George said the new legislation looks “superficial”.

The Narcotics and Misuse of Drugs Amendment Bill 2023, to be tabled in parliament tomorrow, would see any person prescribed a controlled drug by an overseas medicinal practitioner allowed to import or possess the drug, and administer it to themselves, while anyone having the care of a patient by whom a controlled drug is imported, allowed to administer the drug to the patient in accordance with prescription.

Those using medicinal cannabis would be required to keep evidence on them that it is prescribed by an overseas practitioner and keep it in the original packaging.

George’s sentiments echoed those of cannabis campaigner Steve Boggs who said the proposed legislation was an exercise in futility, because there were already regulations in force for the importation of controlled drugs under the Ministry of Health Pharmacy and Therapeutics Act 2013.

“There is no guts to it,” George said.

“Reduce the penalties, our penalties exceed New Zealand by huge differences; one plant equals 20 years of imprisonment.”

George went on to bullet point his concerns, saying he was “deflated and disappointed by the uselessness” of the amendment.

A specific “body blow” was that there did not appear to be provision for local doctors to prescribe medicinal cannabis.

“Only prescriptions from overseas or foreign doctors appear to be acceptable; this is retarded legislation, our people deserve more respect.”

George pointed out hemp, not being a prohibited drug, saying it should not even be mentioned in the amendment.

“Hemp is already legal and is used in the same way as cannabis, but much weaker.”

In the Cook Islands, many elderly people and mothers with asthmatic children used cannabis drinks for lung congestion and breathing relief, he said.

“The children are bottle fed and usually stop crying and fall asleep after drinking cannabis mixed in warm water.

“Elderly people place cannabis leaves in a pot of tea like lemon leaves, and drink it, this ends them off for a good night’s sleep.”

George said he expected the new amendment in legislation to cover all of that and wonder if he was “missing something”.

“After the second reading of this bill, I expect a select committee to be formed to hear the views of the public, Zoom hearings from the outer islands is a must, especially the island of Aitutaki.

“My interest is highly professional as I have defended hundreds of people charged with drug related charges, mainly 90 per cent pro bono, no pay, as recently as last Friday’s jury trial.

“I have never used cannabis or narcotics and am not planning to start.”