Issue link: https://maltatoday.uberflip.com/i/1531100
maltatoday | SUNDAY • 5 JANUARY 2025 6 OPINION No grass without the roots CANNABIS reform in Malta: In 2025 we need to urgently ward off corporate and political infiltration, and ensure the reg- ulatory framework realigns with its grass- roots, human and civil rights potential. We have no crystal ball, but it seems the Times of Malta editorial of 6 February 2023 was a clear prediction of the near future. The editorial had questioned if the regulatory framework truly reflects and embodies harm reduction principles, or if this is just a smoke-screen (pun intended) to make way for profit driven stakeholders, politically appointed and exposed persons, and others close to government. The ed- itorial observed how the ARUC's regula- tory conference held a few days before (as reported by the Shift News costing us tax payers over €40,000 for the duration of just three hours), prioritised 'commercialisa- tion'. The Times of Malta stated ''it would be a pity, but not a surprise, if the govern- ment decides to favour business interests once again. It would be another show of disrespect towards civil society, which has actively contributed to the drafting of a law based on the community, not on profit. As for users, they will go from being demonised to being cornered into a Hob- son's choice between greedy big business and illegal sources''. In 2024, we can proudly celebrate the licensing of 11 Cannabis Harm Reduc- tion Associations and the production and distribution of roughly around 400kg of cannabis flowers. This has undoubtedly impacted the monopoly of the criminal market. What we definitely cannot celebrate is the prevailing capricious legal grey area on the status of Cannabidiol (CBD), and criminal consequences for people wrongly accused of breaking the law. Alarmingly, the government has in 2024 once more missed the opportunity to amend the defi- nition of Cannabis found under Chapter 101 Dangerous Drugs Ordinance. The misleading term 'cannabinoid products' (thus denoting also synthetic substances), needs to be replaced with the clear word- ing referring only to Cannabidiol (CBD). Cannabidiol (CBD) is found naturally in the cannabis plant, and helps to balance the psychoactive effects of Tetrahydrocan- nabinol (THC). Furthermore, it is the only natural cannabinoid no longer being clas- sified as a narcotic by the World Health Organisation. Regretfully, it seems the ban on HHC and other cannabinoid products was a cosmetic one. In fact, products ranging from flowers to cakes continue to be mar- keted and sold across the island, including to minors and tourists. Additionally, it seems that the ARUC's regulatory framework is adopting a frag- mented application of the 'not-for-prof- it' principle. It is in fact puzzling why the ARUC is so eager to include a capping on wages for workers enrolled with these as- sociations, yet at the same time is allowing 'uncontrolled and very expensive' external consultancies to help in the setting up and/ or running of a Cannabis Harm Reduction Association (CHRA). These 'consultants' may be paid way above the 'ARUC wage capping' and thus making a mockery of the 'not-for-profit' and philanthropic purpos- es of these associations. Most worryingly, instead of introducing restorative justice and social equity tools as proposed by ReLeaf Malta in 2022, one may observe a regulatory framework which continues to pave the way for profit driven players and others close to the political class. More- over, various people have shared with us their concerns on the apparent semi-com- mercialised venture by one of the associ- ations allowed to open two outlets in two different locations in just a few months since starting operations. Some pertinent questions arise; why is a not-for-profit as- sociation with a maximum capacity of 500 members licensed to open two distribu- tion outlets? How does a similar associa- tion sustain the expenses? Maybe Orwell was right after all, 'all animals are equal, but some animals are more equal than others'. Back to the roots. In 2023 we could ob- serve a slow but relatively positive Harm Reduction momentum by the ARUC. The information campaign on the ARUC's website and social media included impor- tant and factual information on health, social, and legal risks associated with can- nabis use and the law. Nonetheless, in 2024, no significant ed- ucational campaigns for people who use cannabis were developed. Apart from the one-month campaign in December not to consume substances and drive, cannabis consumers in Malta remain stuck in a pro- hibitionist agenda. ReLeaf Malta reiterates its concerns for the FSWS and Agenzija Sedqa's continued criticism of the decriminalised model and regulation of cannabis, including opposi- tion for home cultivation, and possession of 50g of cannabis flowers. We hope we are wrong, but similar convictions seem to prioritise criminalisation, over human rights and social justice. Therefore, how can registered members of cannabis as- sociations rest assured they will not be forced to visit Sedqa for an addiction and treatment consultation? Lest we forget, decriminalised meas- ures are included to protect consumers from legal risks caused by criminal laws. Harm Reduction recognises the inter- dependent nature of human rights, and provides health, legal, social and edu- cational tools to reduce risks primarily caused by the 'War on Drugs' and a war on us, the people. What do we want to see in 2025? Increased decriminalised thresholds for possession at home and in public, thus fur- ther preventing legal risks. Legal amendment to remove the danger of allowing synthetic 'cannabinoid products', and the definition of cannabis including clear reference to Cannabidiol (CBD) only. Reduced licensing fees and regulatory ex- penses for not-for-profit CHRAs. Reduced prices of regulated cannabis thus ensuring it is accessible to cannabis consum- ers coming from different socio-economic backgrounds. Equal treatment and application of not-for- profit principle for all stakeholders, includ- ing 'consultants'. Increase in the wages of workers engaged with CHRAs, thus better reflecting their role and expertise. Cannabis consumption rooms, including designated public spaces. Meaningful participation by NGOs rep- resenting the voice of people who consume cannabis in decision making and regulatory developments related to the cannabis re- form in Malta, in particular the operations of CHRAs. While we welcome the New Year with hope and renewed impetus, we call on you, cannabis consumers to be vigilant against predatory stakeholders, and to join our call for a human-centred and peer-led regulated cannabis reform. Andrew Bonello is president of ReLeaf Malta, an advocacy group for cannabis users Andrew Bonello