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12 ANALYSIS maltatoday | SUNDAY • 27 OCTOBER 2024 Changing Malta's drug laws: Compassion Are Jonthan Attard's drug law changes an act of compassion towards drug users caught in a criminal web or an attempt to appease drug traffickers? Kurt Sansone tries to unravel the legal changes. KAROL Aquilina was quick off the blocks to say the Nationalist Opposition will be voting against changes being proposed by the government to several drug laws. He accused Justice Minister Jonathan Attard of going light on drug traffickers and called the Bill "irresponsible and dan- gerous". Aquilina's main concerns stem from three particular changes that would see persons caught with higher drug quanti- ties having their case heard by the lower courts where the maximum punishment is 10 years' imprisonment rather than life; the possibility of drug users caught with weapons to be afforded rehabilitation; and the granting of new powers to the minis- ter to change drug quantity limits. Justice Minister Jonathan Attard re- butted the criticism, insisting that drug trafficking will remain a crime punishable with a maximum life sentence. However, he also insisted the changes will widen the scope for drug cases to be decided by the Magistrates' Court because jail terms handed down over the past 14 years have never exceeded 10 years. Other changes, he added, are intended to give problem drug users a greater chance to follow a rehabilitation programme. How the changes are interpreted stems from a person's viewpoint on drugs, reha- bilitation and the fight against drug traf- ficking. Aquilina has insisted the drug limits to determine whether a person's case can be heard in the lower courts rather then proceed to trial allows drug traffickers the chance to get off with a lighter sentence. The watering down of an exception that prevents the court from considering the route of rehabilitation for the accused if the charges also include possession of a weapon or explosives "gives the wrong message and could potentially put the lives of police officers and law enforcement of- ficers at greater risk", Aquilina said. And although the government back- tracked on an earlier proposal that set higher drug quantities for determining whether the court will transform into a specialised Drugs Court, Aquilina said the minister will now have the power to amend them in the future without the need to go to parliament. "The Labour government is in haste to ensure traffickers of large quantities of drugs get off lightly… and to consider a 'victim' someone caught with a weapon," Aquilina wrote on his Facebook wall. An evolving attitude The attitude towards drugs and drug taking has evolved over the years with em- phasis on rehabilitation and less draconi- an approaches being advocated. Indeed, one statistic does stand out in the explanatory document published by the government alongside the Bill – the maximum penalty for drug trafficking, life imprisonment, has never been handed down by the courts. Indeed, earlier this year the Chamber of Advocates called for the punishment of life imprisonment for those convicted of drug trafficking to be removed from the law. "The time has come for the parties rep- resented in parliament to acknowledge that this punishment is draconian, it no longer exists in democratic countries and it should be removed from the Criminal Code in Malta," the Chamber had said. The latest amendments do chip away at the hard view on drugs as they pursue the path of compassion for problem drug us- ers who get entangled in the criminal web to financially sustain their habit. The Labour government has since 2013 introduced the concept of a Drugs Court that refers people accused of possession to a rehabilitation board and also partially le- galised recreational cannabis use. Today, habitual cannabis users no longer face criminal persecution and can buy canna- bis safely from regulated outlets. Nonetheless, organisations like Caritas and OASI Foundation, which provide drug rehabilitation services, have argued the softer approach risks normalising drug taking. In June this year, Caritas di- rector Anthony Gatt lamented the lack of enforcement of cannabis use rules. The Opposition has latched on to this view – it opposed legislation that regu- lated cannabis use and is now arguing against any softening of laws that may suggest drug trafficking is not a serious crime. Indeed, the Opposition has gone one step further accusing the government of doing the bidding of drug traffickers. "The PN will continue to insist that the law courts, at their own discretion, remain tough on drug traffickers and offer sup- port, love and compassion for drug vic- tims," Aquilina ended his Facebook post. Achieving the balance between being tough and showing compassion will re- main a sharp dividing line between the two major political parties, it seems. 10 changes to Malta's drug laws A Bill put forward by Justice Minister Jonathan Attard is proposing changes to several drug laws. The objectives listed in the Bill include granting wider discretion to the courts to favour rehabilitation even for drug crimes committed in prison and where the person also possessed a weapon or explosive. MaltaToday compares the proposed changes with the current situation. Changes to Criminal Code 1. Trial without jury Situation today: People accused of se- rious crimes can opt to undergo a trial without jury – trial by the Bench, where a judge alone hears the case. However, this option is excluded for crimes that carry a potential punishment of life im- prisonment - murder and drug traffick- ing are such crimes. Proposed change: Accused drug traf- fickers will also be given the option to undergo a trial without jury. The max- imum punishment for drug trafficking – a life sentence – will not change. Changes to Medical and Kindred Professions Ordinance 2. Higher ecstasy pills limit Situation today: Schedule 4 attached to the law contains guidelines that en- able the prosecutors and the court to determine whether a person charged with possession should have their case heard by the Magistrates' Court rather than go for a trial. The schedule lists the amounts of drugs to be taken into consideration Jonathan Attard (left) and Karol Aquilina