About voting in the cannabis referendum

What happens after the vote?

The cannabis referendum will give you the opportunity to vote on whether you support the proposed Bill.

The referendum question is: Do you support the proposed Cannabis Legalisation and Control Bill?

You can choose 1 of these 2 answers:

• Yes I support the proposed Cannabis Legalisation and Control Bill.

• No I do not support the proposed Cannabis Legalisation and Control Bill.

Note that medicinal cannabis and industrial hemp are not included in the proposed Bill that will be voted on in the referendum. Information about the Medicinal Cannabis Scheme and industrial hemp can be found at health.govt.nz.

If more than 50% of people vote ‘Yes’If more than 50% of people vote ‘Yes’ in the referendum, recreational cannabis wouldn’t become legal straight away. After the election, the incoming Government can introduce a Bill to Parliament that would legalise and control cannabis. This process would include the opportunity for the public to share their thoughts and ideas on how the law might work.

If more than 50% of people vote ‘No’If more than 50% of people vote ‘No’ in the referendum, recreational cannabis would remain illegal, as is the current law.

Medicinal cannabis and hemp will not be affected by the outcome of the referendum. Medicinal use of cannabis will still be allowed if prescribed by a doctor, and industrial hemp will still be legal.

In this year’s General Election, you can also vote in the cannabis legalisation and control referendum.

A referendum is a vote on a proposal or issue. In this referendum, you can vote on whether you support the proposed Cannabis Legalisation and Control Bill.

The Bill uses words or language you might not be familiar with. The information below may help to explain the Bill and what you can vote on in the referendum.

Summary of the proposed Cannabis Legalisation and Control Bill

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Know before you vote

cannabis galisation

and control ferendum re

leWHAT AM I

VOTING ON?

Authorised by the Secretary for Justice

CONTENTS OF THE BILL

The Bill sets out a way for the Government to control and regulate cannabis. It proposes rules for growing, selling, buying, and consuming cannabis.

The Bill’s main purpose is to reduce cannabis-related harm to individuals, families/whānau and communities.

A person aged 20 or over would be able to: • buy cannabis, but only from businesses with

a licence to sell cannabis• enter licensed premises where cannabis is

sold or consumed• consume cannabis at a home or at

licensed premises• purchase up to 14 grams of dried cannabis

(or its equivalent) per day• share up to 14 grams of dried cannabis (or its

equivalent) with another person aged 20 or over.

The Bill’s purpose is to reduce cannabis-related harm to individuals, families/whānau and communities by: • providing access to legal cannabis that

meets quality and potency requirements• eliminating the illegal supply of cannabis• raising awareness of the health risks

associated with cannabis use • restricting young people’s access to cannabis• limiting the public visibility of cannabis • requiring health warnings on packaging and

at the time of purchase • improving access to health and social

services, and other kinds of support for families/whānau

• making sure the response to any breach of the law is fair, encourages compliance, and reduces overall harm.

People aged 20 or over could grow, possess, and consume cannabis

A person aged 20 or over would be able to grow 2 cannabis plants. The maximum number of plants per household would be 4. Plants would need to be grown at home and out of sight, or not be accessible from public areas.

A person aged 20 or over would be able to possess up to 14 grams of dried cannabis (or its equivalent) in public.

The Bill would establish that 14 grams of dried cannabis is equal to:• 70 grams of fresh cannabis• 14 cannabis seeds• 210 grams of cannabis edibles• 980 grams of liquids• 3.5 grams of concentrates.

The Bill would prohibit people younger than 20 from growing, possessing, and consuming cannabis

A person under age 20 found in possession of cannabis would receive a health-based response such as an education session, social, or health service, or they would pay a small fee or fine. This would not lead to a conviction.

People would get information about buying within the limits and information about consuming and storing cannabis safely

Products would be labelled with information to support buying decisions, including health warnings and how the product compares to the daily purchase limit.

Good-practice guidelines, health promotion, awareness, and education would support people to consume, grow, and store cannabis safely.

Reducing harm from cannabis use

Controlling access to cannabis

GROWING, POSSESSING, AND CONSUMING CANNABIS

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What would be illegal?

Some things would be illegal, including: • consuming cannabis in public• possessing more than 14 grams of cannabis (or

its equivalent) in public• growing more cannabis plants at home than

the individual or household limit• growing cannabis in public• exposing people under age 20 to cannabis

smoke or vape• supplying cannabis to people under age 20• selling cannabis without a licence• importing or exporting cannabis • supplying cannabis by mail order or courier• breaching the conditions of a licence.

Licensed cannabis products would become legal in stages, starting with dried cannabis, fresh cannabis, cannabis plants, and cannabis seeds.

The Authority would have the power to authorise the introduction of other licensed products for sale, including concentrates and cannabis edibles, through regulations.

Some products would be bannedA number of licensed products would be prohibited, including:• beverages that include cannabis• products containing substances known to be

harmful or to have harmful interactions with cannabis (such as alcohol and tobacco)

• products designed to increase the psychoactive or addictive effects of cannabis

• packaged dried or fresh cannabis containing roots or stems

• products that involve ways of consuming cannabis that are higher risk, including injectables, suppositories, and products for the eyes, ears or nose.

People would be prohibited from feeding cannabis or cannabis products to animals.

Cannabis edibles would have to meet specific requirements

Cannabis edibles are cannabis products that are consumed in the same manner as food. They would be required to be solid at room temperature.

More specific requirements for cannabis edibles would include:• they must be restricted to baked products that

do not require refrigeration or heating• they must be produced in separate premises to

those used for conventional food production• they would be banned if they are found to

appeal to children and young people.

Licensing requirements

Under the Bill, all aspects of the supply chain for cannabis would be regulated.

Everyone involved in applying for a licence would be assessed for suitability

An assessment would apply to all licence applicants, directors, and people overseeing cannabis operations under an authorisation. This assessment would consider their ability to comply with requirements, disqualifying factors, and any other factors that influence the person’s suitability. Police vetting would be included in this process. Some less serious previous convictions will not, on their own, disqualify the person.

A cap on production would limit how much cannabis is for sale

A cap would limit the amount of cannabis available for sale in the licensed market. Licensed businesses would apply for a portion of the cap. The Authority would be able to adjust the cap each year as required. No licence holder would be able to hold more than 20% of the cap.

The Bill includes 3 guiding principles, which the Authority would apply when deciding which businesses would be given a portion of the cap. The Authority would consider the degree to which the licence applicant: • represents or partners with communities

disproportionately harmed by cannabis

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WHAT PRODUCTS COULD BE BOUGHT AND SOLD?

Age limitA person must be aged 20 or over to enter, or work at, premises where cannabis is sold or consumed.

However, a person under 20 could be employed by a licensed cannabis grower or processor.

Trading hours Minimum and maximum trading hours would be set for premises where cannabis is sold or consumed.

Local authorities would have power to restrict hours, within the minimum and maximum limits.

• generates social benefit and builds community partnerships

• promotes employment opportunities and career pathways.

The cap could change over time and affect the amount of cannabis businesses would be able to supply to the market.

Part of the cap would be set aside for micro-cultivators (licensed businesses growing on a small scale).

Businesses allowed to grow cannabis would not be able to operate premises where cannabis is sold or consumed.

Potency limits and quality standards would apply to all cannabis and cannabis products

Potency (strength) limits and quality standards would be set for cannabis and cannabis products, and businesses would need to comply.

Cannabis products would have to go through an approval process before being released to the market. Higher risk products would have to go through a stricter process.

Products deemed to appeal to children or young people would not be approved.

RULES FOR PREMISES WHERE CANNABIS IS SOLD OR CONSUMED

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Restrictions on the appearance of premisesThere would be restrictions on the appearance of premises. These would include rules against promoting the fact that cannabis is available for purchase inside.

Host responsibilitiesPeople operating retail and consumption premises would need to:• ensure their employees have responsible

host training (this would be compulsory)• display information about the legal

requirements they must meet, including minimising harm and meeting their obligations towards people who may be impaired by cannabis consumption

• comply with restrictions on the display of higher risk products.

People selling cannabis products would be responsible for ensuring the purchase limit is not exceeded.

Retailers would be banned from making false, misleading, or therapeutic claims, or displaying these claims within consumption premises.

Limits on cannabis retailers

Selling limitsCannabis retailers would only be able to sell cannabis, cannabis products, and cannabis accessories. Cannabis retailers would not be able to sell alcohol or tobacco, or conventional food.Cannabis accessories would only be available through licensed cannabis retailers, with the exception of pharmacies selling accessories for medicinal cannabis under existing legislation.

Potency limitsPotency limits would exist for all licensed products to limit levels of THC (tetrahydrocannabinol - the main psychoactive compound in cannabis). In setting potency limits, the Authority would take into account:• reducing problematic use and preventing

overconsumption• providing consumer choice• the potency of illegal cannabis.

The primary objective for consumption premises would be to provide lawful places to consume cannabis outside the home. Consumption premises would have to:• provide information on how to consume

cannabis safely • monitor and act appropriately to ensure

customers follow safe practice.Consumption premises would fall into 2 models.1. BYO (bring your own) consumption

premises.2. Combined retail and consumption premises.Consumption premises would be required to provide conventional food and drink. They would not be able to sell alcohol or tobacco. Smoking or vaping cannabis indoors at consumption premises would be prohibited.

CONSUMPTION PREMISES: PLACES FOR CONSUMING CANNABIS

Taxes, levies, and fees

An excise tax would apply and be collected when a product is packaged and labelled for retail sale. This tax would be based on weight and potency. A higher rate would apply for more potent cannabis.A levy, similar to that applied to alcohol and gambling, would fund services to reduce cannabis harm, as set out in a public health, drug education, and treatment services strategy.A licensing fee would recover the costs associated with administering and monitoring the licensing regime.

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Cannabis Regulatory Authority The cannabis market would be overseen by the Cannabis Regulatory Authority [holding name only] to ensure the rules are followed and cannabis-related harm is reduced.The Authority would oversee the regulation of the cannabis market in a way that:• promotes the wellbeing of New Zealanders• reduces the harms associated with

cannabis use• reduces overall use of cannabis over time.The Authority would:• license, authorise, and monitor controlled

activities• set criteria and conditions for licences and

authorisations• set THC (tetrahydrocannabinol - the main

psychoactive compound in cannabis) limits• administer and collect excise tax, levies,

and fees• prepare and publish a national plan every

5 years.

Who would oversee the cannabis market?

Product labellingTo help consumers make informed decisions, product labels would show: • the amount of THC (tetrahydrocannabinol

- the main psychoactive compound in cannabis)

• the amount of CBD (cannabidiol- a non-psychoactive compound)

• how the product compares to the daily purchase limit.

PricingRetailers would not be able to sell cannabis or cannabis products at a reduced price, or give these away for free.

Advertising would be bannedAdvertising, promoting, and sponsoring cannabis products and cannabis businesses would be banned. However, businesses would be able to label products with their business name.

Packaging requirementsThe Authority would develop packaging requirements that discourage cannabis consumption, such as plain packaging and health warnings.Packaging could not be targeted towards children and young people in any way.

Communities would have a say on licensing applicationsCommunities would be able to have their say on policies on licensed premises in their local area, and make submissions on licensing applications, noting the final decision rests with the Authority.

The Authority would also have a role in promoting health-focused, compliant behaviour by:• organising a whole-of-government approach

to addressing non-compliance, which is health-based and focused on reducing harm

• developing good-practice guidelines for home cultivation to help people comply with the law

• raising public awareness of the harms associated with cannabis consumption

• promoting responsible use and help-seeking behaviours

• collecting data and supporting research focused on understanding cannabis use in New Zealand.

Cannabis Advisory CommitteeThe Cannabis Advisory Committee would be created to advise the Authority on:• developing the national plan, including the

public health, drug education, and treatment services strategy, which will be the basis for determining the levy

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• setting THC (tetrahydrocannabinol - the main psychoactive compound in cannabis) potency limits for cannabis products

• informing the quantity of the cap on the total amount of cannabis put into the market under licence

• other components of the regulatory regime based on emerging evidence and the expertise of members.

Membership of the Committee would include representation of:• iwi and Māori • specific population groups, such as children

and young people• expertise from the health, justice and

social sectors.

The law would be reviewedThe law would be reviewed after 5 years of operating as a licensed regime.

To learn more about the proposed Cannabis Legalisation and Control Bill, visit:

On this website you’ll find:• the proposed Cannabis Legalisation and Control Bill• a technical ‘Guide to the Bill’• answers to frequently asked questions.