Issue link: https://maltatoday.uberflip.com/i/298224
maltatoday, SUNDAY, 20 APRIL 2014 10 News AT a press conference on April 15, Prime Minister Joseph Muscat hint- ed at an imminent policy change on drugs. Without giving any specifics, he said that the next issue to be dis- cussed is "drug decriminalisation in certain circumstances". Quizzed on the details, Justice Min- ister Owen Bonnici revealed that a White Paper will be launched before the end of the year… but refused to divulge any further information. "At this stage it is not opportune to com- ment except that the government is seeking, by means of legislative in- terventions, to provide assistance to genuine victims of drug abuse," was all he would say. At a glance, however, this seems to refer to a different policy from the one alluded to by Muscat last Mon- day. 'Decriminalisation', in itself, cannot be interpreted as 'assistance' on a par with rehabilitation – which in any case is already on offer for people charged with drug-related offences. It merely means that an of- fence will no longer carry criminal penalties at law… and this in turn opens a raft of other questions. How will the proposed system actually work in practice? If, for in- stance, drug possession is to be de- criminalised only for first-time us- ers… how are the police to know if a user has never been apprehended before, short of arresting the suspect and conducting the usual police in- vestigations? Moreover: will posses- sion of all drugs be decriminalised? Or does the policy intend to distin- guish between different drugs on the basis of harmfulness to health and society? Faced with these questions, gov- ernment has so far chosen to keeps its cards close to its chest. But other people are free to comment at will: and reactions so far seem to indicate a degree of scepticism over the pro- posal… not to mention widespread confusion between 'decriminalisa- tion' and 'legalisation', as well as fears that this will be the thin end of a wedge leading to other controver- sial reforms (e.g., abortion, euthana- sia, etc). The current drug situation Although Bonnici avoided a direct question on the issue, it would ap- pear that his government's drive to reform the drug laws stems from a perceived failure of Malta's official drug policy thus far. On paper, the results of decades of 'zero tolerance' do not look very en- couraging. In 2010, Dr George Grech – clinical director of government's anti-drugs agency Sedqa – bluntly declared that the war on drugs was lost. "Prison is not giving results – it's no secret there are drugs in prison, and we have come to learn that in- carceration does not work with peo- ple who are purely drug addicts," Dr Grech said. Describing the need for a discussion as 'urgent', he added: "We have to face this discussion soon, whether we want to or not. The truth is, our prison is already full enough." Subsequent revelations of fully- fledged drug trafficking operations ensconced within Kordin prisons did not help ease the perception that Malta's drug policies were an abject failure. Nor did the publication of successive reports, both by Sedqa and the equivalent European drug monitoring agencies, which revealed a consistent increase in problem drug use over time. Since 2010, Sedqa has warned of an 'explosion' in cocaine use, while Eu- ropean surveys place Malta towards the top of the European table for problem heroin use – a phenomenon that the same surveys indicate is on the decline elsewhere in Europe. Sedqa officials declined to com- ment officially for this article, as (with Easter getting in the way) there was no time to get approval for com- ments. But professionals active in the field were willing to offer their views in private. While broadly agreeing that prison is no place for people with drug poli- cies, experts in drug rehabilitation nonetheless expressed concern that decriminalisation, on its own, would fail to address new problems asso- ciated with an ever-changing drug market. One concern is the possibility that any reform may be limited only to cannabis, while overlooking the emergence and proliferation of new, synthetic drugs – some of which have yet to be classified. Any reform, they argue, must take the entire drugs landscape into account. Further- more, cannabis itself is constantly changing, as a result of laboratory ef- forts to increase the levels of its psy- choactive ingredient, THC. This has resulted in more potent strains of cannabis coming onto the market, increasing the possibility of associated health risks… especially concerning psychosis. It is a miscon- ception, therefore, to describe can- nabis as 'harmless'. Nonetheless, instead of criminal procedures for drug users, rehab professionals advocate the setting up of a National Drugs Court of the kind proposed by the former admin- istration in 2011, and already in place in countries such as he USA: where there was a 70% drop in drug-related crime since drug cases were referred to non-criminal tribunals. Policy as deterrent Meanwhile, under scrutiny it ap- pears that the perception of the Mal- tese justice system as being draconi- an when it comes to drugs may need to be revisited. Criminal lawyer Joseph Giglio, who has seen a considerable number of drug-related cases in court, argues that the present system rarely comes down heavily on cases of possession for personal use. "According to the criminal code, 'simple possession' – that is, for per- sonal use – may be liable to a prison term of up to one year, and/or a fine. The reality, however, is that people who are brought to court charged with 'simple possession' are almost never imprisoned. There are alterna- tive sanctions: apart from the fine, there is the possibility of a probation order, or – more commonly – a con- ditional discharge." Current court practices are such that the general rule is for a condi- tional discharge to be handed down in such cases, he adds. Giglio personally disagrees with decriminalisation, arguing that the present system acts as a deterrent against drug use. "I can only comment about what I know, which is the current system. In my experience, the fact that drug possession may involve court pro- Decriminalisation: the unanswered questions The Prime Minister announced a change in direction on drug policy this week, but stopped short of providing any details. RAPHAEL VASSALLO analyses what the proposal may entail "People with a drug addiction need assistance not a jail sentence" – Angelo Micallef Protest march through Republic Street, Valletta, in solidarity for British national Daniel Holmes held in October 2013. Holmes is currently serving a 10-and-half year prison sentence for possession of cannabis plants