Issue link: https://maltatoday.uberflip.com/i/1443447
14 maltatoday | SUNDAY • 9 JANUARY 2022 OPINION FOR the past couple of months, newspapers have been overflow- ing with articles about the pro- posed cannabis reform, most of which predict an imminent apocalypse. Some articles have gone as far as suggesting that any proposed reform is an at- tempt to "corrupt our youths" and sends out the message that cannabis consumption does not carry risks. In addition, these argued, the law will seriously jeopardise decades-old efforts of deterring drug use through campaigns of fear and a policy of coercion. Let's put things into perspec- tive. Cannabis became illegal in the 1930s, however, it is only in the late 1980s that attention shifted towards users, with hundreds ending up in law courts on a yearly, if not monthly basis. 40 years of militarised crackdown later, the number of people who consume cannabis is now esti- mated to have surpassed 40,000. In a recent parliamentary ques- tion about the amounts of drugs confiscated in Malta, the fol- lowing figures from the period between January and July 2021 shed a light on cannabis in Malta. While police busts are intrinsi- cally a flawed measure to repre- sent consumption trends, they are a good indication of the po- tential number of people enter- ing in contact with the criminal justice system. Cannabis Resin – 20314.173g Cannabis Grass – 36836.749g Cannabis joints – 5 Cannabis plant – 39 Cannabis seeds – 209 Cannabis extract - 6 bottles The figures above span just 7 months. Can you imagine the ex- tent of all this over a span on 40 years? The people who have suf- fered, and continue to suffer, the negative effects and traumas of being picked up, strip searched, interrogated and potentially locked up in tiny, unsanitary cells would surely tell us more than our imagination ever will. Unfortunately, these people cannot speak openly about these injustices. The legislator has not yet sought legal remedies for people who consume can- nabis – remedies to counter the wrongdoings of the policy, and of society. In this regard, the newly estab- lished cannabis authority might consider the introduction of a grievances board to investigate the injustices suffered by drug users negatively affected by a pol- icy geared to criminalise them. The proposed law simply recog- nises that the current policy has essentially failed to reduce con- sumption levels, succeeding only in criminalised a big segment of the population for a non-violent personal act. In the meantime, the old policy continues to pro- vide criminal organisations with a lucrative pool of clients. How many people have had their police conduct tainted? How many have lost jobs or other opportunities because of a pend- ing court cases related to cultiva- tion? How many continue to live in fear of "admitting" the con- sumption of cannabis, because they would be frowned upon by colleagues, family members and friends, and also risk incarcer- ation? Sadly, the proposed law does not address these questions in full, but is an initial attempt at promoting a more just and inclu- sive society. People who consume canna- bis continue to live in a double closet; one supplemented by draconian drug policy laws, and one fomented by a society which chooses to silence, exclude and shame, instead of listening, in- cluding and respecting people who use drugs, in this case can- nabis. Certain public figures and or- ganisations have been trying hard to overshadow the core princi- ples of the new reform, often ex- hibiting arguments borne out of a medieval mindset, without re- ferring to the wealth of research material available nowadays. Calls for zero-tolerance and witch-hunts in people's homes are reflective of a society rooted in vindicative moralistic stances, instead of a society geared to- wards education and sound sci- entific and empirical research on social and health issues, such as the widespread consumption of cannabis. Only recently the Dean of the Faculty for Social Wellbeing tried to bypass decisions taken demo- cratically in the Maltese parlia- ment by calling on the President to refuse or delay to sign the Bill into Law. Only a couple of months ago, Prof. Azzopardi was expressing concern at the harrowing reali- ties recounted by Daniel Holmes, incarcerated for 10 years for can- nabis cultivation. While this article has no wish to attack any stakeholder in this long, unbalanced and tumultu- ous saga of discussing canna- bis for personal use, the double standards employed by most groups in the debate must be called out. Representatives from leading rehabilitation services such as OASI and Caritas, experts from all walks of life, media personal- ities, the Chamber of Commerce and the Malta Employers Associ- ation, as well as the Church, have on repeated occasions agreed that they do not want to send a person to prison for their canna- bis use. Yet, once discussion focused and shifted to which levels of consumption and possession should turn a user into a crimi- nal, the same organisations ex- pressed vehement opposition to measures which would see less people enter into contact with the criminal justice system. Some have also tried to question Malta's adherence to the provi- sions of the UN Drug Control Conventions, without taking into consideration international hu- man rights law and developments in other democratic countries, such as Germany, Luxembourg and Uruguay. Interestingly, these same experts looked away from the fact that proposals for a de- criminalised system, including le- gal frameworks to safeguard safe access to substances, have now been endorsed by various interna- tional organisations, including the UN itself. More than liberty and legalisa- tion, the reform is merely trying to correct the wrongdoings of the past and in part address the "un- intended consequences" caused by policy. Those suffering the negative effects of the "war on drugs" – from incarceration to court fees to psychological trau- ma – deserve redress. Let us ensure basic human rights are available for all, while ensuring that the abuses of the past do not multiply into the new injustices of tomorrow. Moreo- ver, let us respect the core demo- cratic principles enshrined in our constitution. Instead of sowing discord through fear and cheap political tactics, let us, civil society organ- isations who represent the voice of people who use cannabis, and different stakeholders, work to- gether to promote the well-being of society, including the well-be- ing of people who consume, cul- tivate and share cannabis. Andrew Bonello is president of Releaf Malta, Robert Fenech is member of Moviment Graffitti Andrew Bonello and Robert Fenech A law that reverses past wrongdoings against cannabis users