The Detail: The two polarising referendums Kiwis will soon vote on – Stuff.co.nz

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Cannabis referendum: New Zealanders will vote in September in the Cannabis legalisation and control referendum.

The Detail is a daily news podcast produced for RNZ by Newsroom and is published on Stuff with permission. Click on this link to subscribe to the podcast.

In less than five weeks, New Zealanders will vote on two polarising issues in referendums, held at the same time as this years general election.

But how much do you really know about the issues at play? How familiar are you with what the End of Life Choice Act and the Cannabis Legalisation and Control Bill?

And importantly: is it referenda or referendums? (According to Arthur Pomeroy, emeritus professor of classics at Victoria University, its referendums.)

In todays episode of The Detail, Emile Donovan speaks to journalist Caralise Trayes and researcher Dr Marta Rechter about the two referendums this year, and what they could mean for the future of cannabis and assisted dying in New Zealand.

READ MORE:* Euthanasia referendum: What is assisted dying? The End of Life vote explained* Euthanasia referendum: Should assisted dying be legal in New Zealand?* Reforming cannabis laws is a complex challenge, but New Zealands history of drug reform holds important lessons* David Seymour is standing for ACT in Whangarei - but he's not that David Seymour

The assisted dying referendum is binding - the cannabis referendum is not.

This means the legislation pertaining to assisted dying is all ready to go: its been passed through parliament and approved by a majority of MPs. The only question is whether the country wants to sign off on it.

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As part of September's election there will be a referendum on euthanasia.

The cannabis referendum, on the other hand, is non-binding: even if 99 per cent of the population vote in favour, the governing party or parties could, theoretically, decide not to implement it - though doing so would be politically questionable.

Also the cannabis legislation hasnt yet been finalised: its still a bill, and in order to become an Act it still needs to pass through the parliamentary process: three readings in the House where issues can be raised and debated, and a select committee process where the public can make submissions and raise their concerns.

Freelance journalist Caralise Trayes has written a book about the assisted dying referendum called The Final Choice

She says there are still blind spots in many peoples understanding of the legislation.

Refusing treatment and do not resuscitate orders require medical professionals not to intervene in what is naturally occurring. These are already legal.

Euthanasia, assisted suicide or assisted dying requires a direct intervention with the intention to bring death.

First up, you have to be eligible: you have to be over 18, you have to be a Kiwi citizen or permanent resident. You have to have a prognosis with less than six months to live. You must have an ongoing decline in physical capability and experience unbearable suffering which cannot be eased.

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The assisted dying referendum is binding - the cannabis referendum is not.

You also need to be able to make an informed decision about dying.

A prognosis of six months or less to live would be made by a doctor - but making that judgment in the first place can be fraught.

Were using this as such a strong, defining factor ... but its not always accurate. There have been cases where doctors get prognoses very wrong.

Any mental health issues a person has would not be factored into whether a persons application was granted, Trayes says.

Meanwhile, the Cannabis Legalisation and Control Bill has a straightforward premise, says Dr Marta Rechter from Massey University.

The main premise is that the bill proposes to legalise use, possession and sale of cannabis.

People aged 20 and over - it would be legal for them to use, possess, and buy cannabis from licensed suppliers.

Dr Rechter says the legislation still has many grey areas - for example, how it deals with the idea of advertising marijuana, in an age where marketing and promotion stretch much further than TV screens or radio adverts.

She says it also needs to clarify the social equity components, to help ensure people and communities whove been historically disadvantaged by cannabis criminalisation can be involved with the new industry.

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The Detail: The two polarising referendums Kiwis will soon vote on - Stuff.co.nz

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