Issue link: https://maltatoday.uberflip.com/i/1342444
15 maltatoday | SUNDAY • 21 FEBRUARY 2021 NEWS Joseph Muscat during the elec- toral campaign. Yet, four years on, no con- crete plans have been presented and Malta is being overtaken by Luxembourg as the first EU country likely to have a legal- ised cannabis market. Why is Labour – once so ea- ger to push the boundaries on gender identity and same-sex families – more cautious on this liberal reform? This is partly because it has to address the concerns of parents and an older generation shaped by anti-drug campaigns which did not distinguish between hard and soft drugs. Taking ownership of a reform But another reason is that so far nobody has taken political ownership of the reform. Julia Farrugia Portelli, who as parliamentary secretary un- der Muscat was first entrusted with spearheading the reform, but was overly cautious and expressed her misgivings on ac- knowledging the drug's recrea- tional use, while still confirm- ing the intention to regulate cannabis in what she described as a "harm reduction" measure. Back in 2019 her statement on recreational use unleashed a storm in her own party, with activists like now-MEP Cyrus Engerer insisting on her hon- ouring the manifesto commit- ment. Her caution and charac- ter may well have made her the ideal person to sell the reform to more conservative elements in both her party and in society at large. But instead of present- ing a framework for the reform she insisted that any legislative act must be preceded by an ed- ucational campaign, something that was increasingly seen as a delaying tactic. After a change in leadership in January 2020, responsibili- ty on delivering the reform fell squarely on parliamentary sec- retary Rosianne Cutajar. Her political standing has been negatively impacted by linger- ing controversies related to her relationship with 17 Black own- er and murder suspect Yorgen Fenech and this may not make her the ideal candidate to push a controversial and sensitive re- form. Still, Cutajar, who in recent months has also distinguished herself by strong and informed statements on equality issues, may actually have the political drive to push the reform for- ward. Presenting a coherent legislative framework, which is also evidence-based, may actu- ally enhance her political pro- file. Still missing… a whitepaper What is currently missing from the debate is a concrete legislative proposal, which could be the focus of a nation- al discussion. Any legislative framework will have to address a number of logistical problems which merit a mature debate. One major issue is wheth- er the government intends to create a legal cannabis market or whether consumers will still have to buy the product from illegal suppliers. The risk of decriminalisation without legalising supply is that consumers will still be forced to come in contact with traffick- ers. This will create a legal grey area where police will still be expected to clamp down on the suppliers of a product which would inevitably become more socially acceptable. Moreover, even legalisation can be achieved through dif- ferent models, ranging from tight control of the entire sup- ply chain by the state – as is the case in Uruguay where users have to register to collect their ration from pharmacies – and a more open market as is the case with Colorado and Canada, where cannabis can be bought from private but licenced pro- viders. Another major issue is wheth- er tourists and non-residents will be allowed to buy from the legal market. For legalisation risks attracting tourists who would come here simply to get stoned. Irrespective of the model cho- sen, the state will have to li- cense growers to secure a legal supply. One contentious issue is whether to allow cannabis smoking in public areas or whether to restrict use in pri- vate homes. Addressing these logistical issues is one more reason for the government to present a road map because it will take months if not years to come up with a concrete model. But addressing these issues head-on may actually allay the concerns of those concerned by the impact of legalisation on social wellbeing. While many fear that the availability of le- gal cannabis may encourage law-abiding citizens to try a product which they normally shun because of its illegality, the current situation is putting otherwise law-abiding citizens in contact with the black mar- ket, where they may even be ex- posed to more dangerous sub- stances. In fact, one of the problems of keeping the supply of cannabis illegal is that there is no control on the product bought. This has led to a dramatic increase in THC levels in the past dec- ade, with current strains being as much as 40 times more pow- erful than the stuff consumed in the 1960s. The Luxembourgish way In 2019 the government of Luxembourg announced its in- tention to legalise cannabis in two years' time. The timetable has been de- layed by the pandemic and the country's health ministry has recently declared that it has "no specific deadline for when the regulation should come into force." While the details have still to be worked out, the parameters of the reform were already an- nounced. Adults aged 18 and over to possess up to 30 grams of cannabis while in public. Mi- nors aged between 12 and 17 will not be criminalised for pos- sessing up to five grams of the drug but will not have access to the legal market. The THC content of cannabis will have an upper limit, which has yet to be fixed, and people who sell cannabis outside of the legal framework will face harsh punishments – possibly even harsher penalties than now. Additionally, only Luxem- bourg residents will be permit- ted to purchase cannabis – a decision that may have been made following concern from authorities in neighbouring France and Germany. The cultivation and sale of the drug will be highly regulated, overseen by a cannabis agency and all taxes generated from the sales will go into drug ed- ucation and treatment for drug addiction. But it is still unclear how the product will actually be grown and sold. It is this debate on substance that Malta requires and one that will hopefully kick off with the publication of the White Paper.