NZ Drug Foundation – Alarming increase in low-level drug prosecutions undermining health efforts

Source: New Zealand Drug Foundation

An alarming increase in drug possession charges is causing harm and undermining progress on health-based approaches, the Drug Foundation says.

New Ministry of Justice data shows 2025 had the highest number of low-level charges for drug possession or use in a decade.

Drug Foundation Executive Director Sarah Helm says the current approach is clearly not reducing drug use, but it is undermining efforts to reduce harm.

“Criminalising people clearly doesn’t deter use – in fact wastewater data out this week shows drug use is at record levels,” she says.

“What it does do is compound some of the worst drug harms by preventing people from seeking help and putting people through the justice system.”

“Our fifty-year-old drug laws have us stuck in this terrible loop where everyone loses. We are wasting huge amounts of money and Police resource on low-level prosecutions that discourage people from seeking support, and in the meantime drug use and harm are surging. We urgently need safer drug laws to break the circuit.”

The Drug Foundation released a blueprint for drug law reform last year in itsSafer drug laws for Aotearoa New Zealand report. (ref. https://drugfoundation.org.nz/news-and-reports/report-proposes-evidence-based-reform-to-new-zealands-drug-laws )

“The evidence from New Zealand and around the world is clear – we need a step-change in investment into harm reduction and health services, and safer drug laws that encourage people to seek support rather than punish them with criminal penalties,” says Helm.

Polling conducted by the Drug Foundation in 2022 showed 68% of New Zealanders supported ‘rewriting the Misuse of Drugs Act and putting in place a health-based approach’.

The increase in charges comes despite a 2019 amendment to the Misuse of Drugs Act instructing Police that a prosecution should not be brought unless it is in the public interest, and to consider health-centred approaches first.

Helm says the data shows relying on Police discretion isn’t adequate, with low-level drug charges following a similar trend to total criminal prosecutions since 2019.

“Police discretion is not how we should be dealing with such an important issue. The law should very clearly set out when people should face criminal penalties and when a health response is needed.”

Key stats from the Ministry of Justice

• The number of drug possession/use charges in 2025 is the highest in the last decade: at 8,474 charges. The number of people convicted for drug/use possession in 2025 (3,158) is the second highest in ten years.
• Nearly two-thirds (65%, or 3,158) of all drug convictions were for drug possession or use as the most serious drug offence. The proportion of possession/use convictions relative to all drug offences is the second highest in a decade. 
• Each year since 2016, more people have been convicted of low-level drug offences than for supply, trafficking, or distribution combined. In 2025, 3,158 people were convicted of unlawful possession or use of drugs—the highest number since 2016, compared to 1,657 for supply, trafficking, or distribution.

Ministry of Justice data can be found at https://www.justice.govt.nz/justice-sector-policy/research-data/justice-statistics/data-tables/#General