Issue link: https://maltatoday.uberflip.com/i/1488480
maltatoday | SUNDAY • 18 DECEMBER 2022 15 OPINION shield consumers from the luring tentacles of profit driven indus- tries and investments. One may therefore recognise that the establishment of the ARUC is an important new de- velopment in addressing recre- ational activities within a public health and human rights frame- work. In fact, ARUC has the po- tential to become a regulatory blueprint for drug policy reform in the European Union whilst al- so propel best practices for oth- er recreational activities such as gaming. Importantly the ARUC has no mandate to regulate or introduce an industry, instead, it has been placed at the helm of a human centred reform aimed at primarily correcting the wrong doings of the past whilst creating a safe space for people already us- ing cannabis. Tasked with the mammoth du- ty of transforming a punitive ap- proach into a regulated model, the ARUC has as its core foun- dational principles the need to advance a respectful and non-co- ercive basis for people who con- sume cannabis. Most significantly, the ARUC's most daunting challenge will be to instill trust, transparency, and confidence across the cannabis community in Malta. Together, these qualities directly contribute to attain the long-term goals of combatting the violent criminal market and of bridging respectful dialogue between the local can- nabis community and different health, social and legal authori- ties. Inspired by various decriminal- ised models around the world, and the municipal systems gov- erning Cannabis Social Clubs in Catalunya, Spain, the ARUC is not only a unique opportunity to better understand the role of an authority in regulating commod- ities, such as gaming or cannabis, but is also an innovative approach how to advance a more humane society by embedding a philoso- phy grounded in harm and risk reduction principles, social jus- tice, and social equity. The latter, social equity, is of critical impor- tance when considering that can- nabis continues to be a criminal- ised substance entrenched within the Dangerous Drugs Ordinance, and diversely from gaming relat- ed activities, continues to incrim- inate sharing, and cultivation and possession above what is pre- scribed by the law. Pari passu? Significantly, no consumer of the national lottery or players of iGaming or other gambling activities such as Esports are criminalised for engaging and over-indulging in their favourite recreational activity. Instead, the support system administered by professionals working with the Responsible Gaming Foundation, and the option for responsible decision making through self-ex- clusion from gambling web- sites without the involvement of law enforcement agents or law courts, are important mecha- nisms to prevent harm from the law, and protect and preserve the dignity of the customers. Ultimately, instead of advanc- ing punitive measures acting as a deterrent, similar platforms promote constructive dialogue and a humane approach aimed at advancing positive behaviour- al changes. Therefore, without judgmental and coercive meas- ures, the RGF develops a harm and risk reduction approach and recognises that people who en- gage in similar recreational activ- ities continue to retain full access to their human rights, particular- ly their right to privacy, autono- my, and non-invasive practices to preserve physical, psychological, social, and legal well-being. Worryingly, one notes how the gaming industry has taken hold of the marketing machine further enriching big businesses and di- rectly impacting levels of use and harm. Therefore, considering the grave harms identified with the gaming industry and invasive marketing strategies adopted at the expense of consumers, one may highlight the delicate role of similar authorities, and the unique identity of the ARUC. By addressing the unintended con- sequences of the war on drugs, primarily the creation of a violent criminal market and incrimi- nation of non-violent personal users, the ARUC is tasked with combatting legal and social injus- tices, whilst advancing the noble aim of safeguarding consum- ers from potentially newfound threats posed by lurking money- making hyenas. Nonetheless, information on budgeting, or the lack of it, raises serious questions on the govern- ment's deep-seated intentions. An article by the Times of Mal- ta published on 11 November explained that for the year 2022 ARUC had a budget of €100,000. Furthermore, it explained that according to the government's budgetary estimates for 2023, the government has earmarked €400,000 in taxpayer funds to fi- nance a cannabis education cam- paign in the same year, but just €200,000 for ARUC. By compar- ison, the government allocates €500,000 to the National Com- mission for the Promotion of Equality and the Commission for Gender-Based Violence respec- tively, with a further €300,000 provided to the Victim Support Unit. Interestingly, on 21 October 2021 the Ministry for Equality, Research and Innovation and the Foundation for Social Wel- fare Services signed a memo- randum of understanding aimed at revamping prevention pro- grammes delivered by Sedqa, Caritas and OASI Foundation, both in schools and at the work- place with a total amount of €1,053,684.87 disbursed between 2022 and 2024. Regulate or get baked! In a nutshell, legislation regulat- ing recreational activities, such as that of gaming or the consump- tion and communal cultivation of cannabis, needs to ensure that responsibility for a reduction of risks and harm (particularly health, legal and commercial) is equally shared across all actors and stakeholders, and holistically embedded within all structures of the regulating bodies. Further- more, legislation needs to not on- ly recognise the role of third var- iables directly impacting levels of use, such as personal trauma or socio-economic status, but be also conscious of different risks associated with a profit driven industry competing in aggressive markets. Ultimately, by injecting realis- tic funds to sustain the pivotal work of an Authority or Foun- dation tasked with preventing harm from multiple angles, the reform would truly champion Malta's efforts of promoting a people centred approach and a just society for all. Irrespective if consumers of alcohol, cannabis, or gaming. Significantly, no consumer of the national lottery or players of iGaming or other gambling activities such as Esports are criminalised for engaging and over- indulging in their favourite recreational activity