Issue link: https://maltatoday.uberflip.com/i/1534549
7 maltatoday | SUNDAY • 20 APRIL 2025 Karen Mamo OPINION Time to move forward! MALTA'S drug scene has evolved from the depenalisation of small amounts of drugs in 2014, to the partial decrimi- nalisation of cannabis in 2021. But ten years later, are all people who use drugs in Malta benefitting from the same legal safeguards? The Portuguese decriminalised mod- el of 2001 provided the first example of alternatives to incarceration for drug possession charges. The reform estab- lished that those caught with up to 10 days' supply of any drug were spared arraignment and instead diverted to the Commissions for the Dissuasion of Drug Addiction. People diverted to the Commission faced three possible sce- narios; discharge, pay a fine, or diverted to counselling or more specialised treat- ment services. This proved significant on various fronts, particularly that relat- ed to court arraignments falling to 15.7% in 2019 when compared to 40% in 2001. Inspired by this model, the Maltese Drug Dependence (Treatment not Im- prisonment) Act (2014), whereby small amounts of drugs have been depenal- ised, was a game changer for thousands of people who use drugs in Malta. The Act recognised the validity of alterna- tives to incarceration and prioritised public health over criminalisation. Un- der this Act a person found in posses- sion of less than 2g or two pills of any drug for personal use (apart from can- nabis standing at 28gram in public as per legal amendments of 2021) is arrest- ed by the police for interrogation and the drugs confiscated. Instead of being taken to court, the person is summoned to appear in front of the Commission- er for Justice. If found guilty, a fine of between €75 and €125 is imposed. Un- der the present depenalised framework, those apprehended within two years of committing a second offence no longer benefit from the possibility to pay a fine and are instead diverted to the Drug Of- fenders Rehabilitation Board. The Board has the right to issue any necessary or- der, including the need for the accused to provide samples of urine and attend regular visits with an appointed rehabil- itation official. Failure to comply with an order may be punished by a fine or three months in prison. Promising changes Taking into consideration these chang- es, including the partial decriminali- sation of cannabis (no administrative or criminal consequences), have legal amendments achieved their overarching goal to prevent harm from drug laws, and drug policies? If one had to look at drug arraignments and fines issued by the Commissioner for Justice in the past 10 years, num- bers speak for themselves. The National Report on the Drug Situation and Re- sponses in Malta of 2024 reported that between 2015 and 2023 a total of 3,905 people arrested by the police on posses- sion charges have been diverted to the Commissioner instead of being taken to court. Very promisingly, in 2023, only 88 cases were processed by the Com- missioner, as opposed 693 cases in 2017. Furthermore, the number of drug law arraignments by the police in 2023 stood at 80 cases (out of which 18 for posses- sion charges). This is a huge difference from the 623 arraignment cases for possession charges registered in 2017. Interestingly, over the years the most common charges were related to canna- bis possession. This downward trend in arrests and cases diverted to the Commissioner re- flect the positive outcome of a partially decriminalised system applied for can- nabis related activities, whereby up to 7g of cannabis in public and up to 50g of cannabis at home carry no consequenc- es. As attested by the National Report on drugs, decriminalisation tools and depenalisation tools with more realistic thresholds have been more effective to protect people from the negative con- sequences of court proceedings and po- tentially imprisonment. Time for more changes Keeping in mind the initial positive outcome of a partially decriminalised model for cannabis, one questions: Is the possession of 2g or two pills of any drug indicative of dependence? No not at all! these numbers are more indicative of recreational drug use, and therefore in no need to be assessed by the Commissioner for Justice. Should the partial decriminalised tools applied for people who use cannabis be extended to all people who use drugs? Yes, without a doubt! People who use drugs are not criminals or all facing de- pendency related issues. Should the provisions falling under a depenalised framework be applied only once and upon second arrest be diverted to the Drug Rehabilitation Board? Certainly not! Within a harm reduc- tion and human rights-based approach to drug policy the application of depe- nalisation tools and administrative sanc- tions, such as fines, should not be lim- ited to one occasion but rather applied in their entirety and without compro- mise or time limits. Depenalisation and decriminalisation tools should not be viewed as 'a one time get out of jail free bonus card', but rather recognised as preventive tools to reduce harms from drug laws and policies. The possibility to possess in public without administrative or criminal sanc- tions of up to 7g or seven pills of any drug (apart from cannabis) would shield thousands from unnecessary police har- assment and legal risks. Furthermore, as per application of the Portuguese model, people apprehended with up to 10 days' supply of any drug (apart from canna- bis), and not more than 50g or 50 pills of any drug at home, should be afforded the legal safeguards falling under a depe- nalised framework. These people should be diverted towards the Commissioner for Justice, and if requested by the per- son, access rehabilitation, healthcare and social services. Anonymised drug checking From a human rights perspective all people who use drugs would greatly benefit from decriminalisation tools and proportionate tolerated ammounts. Moreover, these legal changes would facilitate access to non-judgemental ed- ucational tools and risk prevention ser- vices such as anonymised drug checking. Drug checking or pill-testing is a recog- nised public health tool by the European Union Drugs Agency and is accessible in various countries. It provides people who use drugs with an opportunity to check the pharmacological content of the substance and its potency. Drug test- ing is most significant to detect any syn- thetic substances and adulterants, both sources of heightened risks and unnec- essary harms. In conclusion, the dawn of Malta's drug policy reform in 2014 and the introduc- tion in 2021 of the partial decriminalisa- tion of cannabis were pivotal to address the negative unintended consequenc- es of criminalisation. In 2025, we have an opportunity to extend these human rights-based tools to all people who use drugs and ensure our laws and policies are people centred, and committed to leave no one behind. Karen Mamo is a drug-policy researcher specialising in harm ten years later, are all people who use drugs in Malta benefitting from the same legal safeguards?