BY JOHN HOUANIHAU
Law reform Senior Legal Officer Augustine Basia said reforming the existing dangerous drugs legislation to effect-based model can address the issue of copen.
The increasing use of copen amongst youths and students was raised by Opposition Leader, Matthew Wale when the Royal Solomon Islands Police Force (RSIPF), including the Drug Enforcement Unit, China Police Liaison Team appeared before the Bills and Legislation committee (BLC) last month.
However, in a response police said that copen does not meet the element when it comes to laying of judgement under the existing dangerous drugs legislation.
Meanwhile speaking before the BLC Law reform Senior Legal Officer Augustine Basia said that reforming the existing dangerous drugs legislation to effect-based system can address the issue of copen.
He said that countries that have faced similar challenges have redesigned their laws and moved away from list-based models towards effect-based models.
“An effect-based approach criminalizes substance based on what they do, not on what they are. Given the proven harm caused by copen, this effect-based reform could rightly extend to criminalizing any variant or compounded use of tobacco and nicotine that produces psychoactive effects beyond accepted forms,” he said.
He told the BLC that this approach would also capture unregulated and dangerous practices that uses household items and other items that can be found domestically.
“When we talk about an effect-based approach, the first question people ask is, what about substances we already use legally, like alcohol, cigarettes, or coffee, caffeine? That’s why exemptions are important in modern legislation.
“Not all psychoactive substances should be banned. Other countries already use exemption clauses to protect medical, scientific, cultural, and everyday uses. For medicines, laboratory use, traditional and cultural practices, everyday substances like caffeine, nicotine, alcohol, which are regulated under their own laws, and substances with legitimate medical and scientific value,” he said.
He said that by clearing these exemptions, an effect-based law can strike the right balance.
He said that the Commission welcomes the ongoing work of the Ministry of Health and the Police to reform the dangerous drugs law.
“What we present here is one possible pathway, an effect-based approach that can help the government to build a future-proof legal framework. By banning substances based on their psychoactive effects rather than just their chemical names, we can close loopholes, make enforcement stronger, and better protect our communities from the changing threat of illicit drugs,” he said.
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