Issue link: https://maltatoday.uberflip.com/i/1369939
15 maltatoday | SUNDAY • 9 MAY 2021 OPINION to the type of cannabis being consumed, particularly THC:CBD levels. It is unclear how an adult can ensure to be within the parameters of the law when inviting other adults in the privacy of the home. It is well known that cannabis is usually consumed in a social setting and as any other substance consumed in similar settings, the act of sharing is something that occurs frequently. Without moving towards a commercialised approach, will the decriminalised system allow adults to share in the privacy of their household (not in the presence of minors) and con- sume cannabis together without sale and monetary benefit? Proposals • Decriminalise the immediate impor- tation of cannabis seeds (including necessary equipment) for personal cultivation, thus ensuring a more expediated approach to distance re- sponsible users from the illicit canna- bis market. • Include the possibility of sharing (at no monetary or other valuable ex- change) cannabis during the act of private consumption, thus ensuring people consuming cannabis in a group in a private residence are not considered by the police as traffick- ers. Expungement of criminal records This is a key part of the document and a very important provision ensuring past errors are quickly redeemed and new pro- visions ensure no more personal consum- ers end up with a tainted criminal record. However, the white paper does not speak about people currently imprisoned for the amounts being proposed, including culti- vation, and is also silent on the numerous people still awaiting judgment. It is im- portant the bill includes also provisions for these people unjustly persecuted and if possible enact an immediate legal provi- sion that releases from prison these people and brings to an immediate halt and revo- cation to the other ongoing pending cases. Proposals • Immediate release from prison and revocation of ongoing proceedings for non-violent cannabis convictions falling within the parameters of the newly proposed decriminalised sys- tem. • Revision of non-violent cannabis jail terms (including for low-scale traf- ficking) and exploration of alterna- tives to incarceration. • Creation of a social equity program designed to help those still suffering the negative socio-economic effects of a court case and tainted police con- duct to enrol in educational programs or find meaningful employment. The distinction between CBD and THC This is an important provision and one which will ensure a better understanding of the cannabis plant and how different type of strains and levels of different can- nabinoids, particularly CBD and THC re- late to the person. Proposal • Allow the availability of CBD (in all forms) in local prisons and other in- stitutionalised places, especially for persons trying to address problematic substance use. The prohibition of cannabis consumption in public The shift from the police having the right to arrest the person and be presented with a fine by the Tribunal towards the issuing of an administrative fine is a positive de- velopment that continues to try and shift more people away from the criminal com- ponent. Nonetheless, the complete ban of public consumption of cannabis continues to echo discrimination and long-standing myths about cannabis consumers. It is un- clear why smoking cannabis in public (not in the presence of minors) where tobac- co is permitted will not be treated in the same way. Especially worrying is the lack of possibility to consume cannabis in the privacy of one's terrace or shared roof. Whilst understanding the core purpose of this provision, and therefore the need to not encourage public consumption, it is important to respect equality and privacy, and to promote responsible consumption. Another point of concern is the lack of possibility to consume cannabis in re- stricted adults only events. It is well known that certain large mass events attract peo- ple who consume cannabis and it is unfor- tunate to watch a swarm of police officers and undercover drug squad agents preying and ambushing peaceful persons enjoying music and other entertainment events. To further ensure a proportionate ap- proach the White Paper should include a provision that provides the special al- lowance for event organisers (involved in events allowing the entry of only adults and not providing the sale of strong alco- holic beverages) to be given a moratorium for the limited public consumption of can- nabis for a limited time frame and in an enclosed and designated area. Proposal • Allow a moratorium on the limited public consumption of cannabis for adults only events. • Promote responsible consumption and respect for privacy. Administrative measures for minors This is an important development and one which continues to build on the im- portance of promoting dialogue, educa- tion and health instead of lengthy criminal cases and tainted police records. It would be interesting to consider on more humanitarian grounds also youths who are victims of abuse and/or hail from a difficult socio-economic background and therefore involved in the sale and traf- ficking of cannabis. These youths should be assisted and diverted towards educa- tion and training. Proposals • When there is reasonable suspicion of trafficking and the minor is arrested, a focus on human rights and potential elements of abuse and vulnerabil- ity experienced by the under-aged person should be placed at the fore- front. With the guidance of educators, minors should be shifted towards educational or vocational training schemes, thus ensuring to provide a stable and focused goal during this important developmental stage. • Engage in a non-judgemental ap- proach with minors and young per- sons who might already be using cannabis and introduce elements of harm reduction, whilst discouraging use and promoting their inclusion and participation in meaningful so- cial interactions such as out-door sports and other leisure activities. A dedicated cannabis authority The establishment of a cannabis au- thority is important and will provide a greatly needed platform for research. An interesting provision is also linked to the management of funds generated by the imposition of administrative fines related to the breach of legal provisions related to cannabis. However, more details how this will work out would further increase transparency, including the composition of the Authority and its mandate. One hopes that the Authority maintains strong human rights indicators, person- al privacy and individual freedoms as its guiding ethos and ensures a bottom up and non-commercialised approach continues to be central to the Authority's function and purpose. Therefore, the participation of civil society, especially of organisations representing the voice of people who con- sume cannabis and international organisa- tions with an expertise in drug policy and international law, is considered important and necessary to ensure the Authority is able to keep an updated outlook on local trends and consumption levels. Further- more, the work of the Authority will also compliment Malta's diplomatic and polit- ical efforts to explain local developments when participating in key regional and international fora such as the UN General Assembly. Proposals • Definition of the composition and mandate of the Authority • Ensure debates and discussions are made available to the public and pro- mote full transparency of operations and persons engaged to collaborate with the Authority • Include an international office within the Authority, with the aim of main- taining a constant update on legisla- tive and other international develop- ments related to cannabis. • Include the participation and rep- resentation in the Board of the Au- thority of civil society organisations particularly those representing the rights of people who consume canna- bis, with the possibility of proposing improvements and changes to the current legislative framework • Ensure the inclusion of experts com- ing from the human rights field and others specialised in drug policy. • Include a mandate for the Authority to conduct (after 2 years of entering into law) a review and analysis of the effects produced by this initial decriminalised system and propose alternative solutions with the aim of improving the current system and further separating personal con- sumption, cultivation and sharing of cannabis from the criminal justice system. Education The educational component is key to en- sure people who consume cannabis, but also the public in general and front liners have a better understanding of the ben- efits and potential risks associated with cannabis. Focusing on principles of harm reduction and sustainable development, including organic, pesticide free and envi- ronmentally conscious cultivation practic- es, a holistic educational campaign needs to ensure an inclusive and non-judgmen- tal approach and encourage open dialogue with people who already use and cultivate cannabis. Proposal • Develop a national curriculum that is age appropriate, conscious of differ- ent people consuming cannabis and therefore different needs, and that utilizes multi-dimensional tools to deliver evidence-based information about cannabis. • Further information on training for front liners would increase trans- parency and ensure long standing misconceptions about cannabis and cannabis consumers are not repli- cated and instead replaced with ev- idence-based research and harm re- duction tools.