Issue link: https://maltatoday.uberflip.com/i/343370
9 maltatoday, WEDNESDAY, 9 JULY 2014 The newly launched White Paper for Drug Law Reform represents a much needed break with the tradi- tional approach legislators have had to the issue of drug abuse. Even the name is significant: it re- fers to drugs which may be abused ('drogi tal-abbuz'), rather than the more habitual approach which simply assumes that all drug-taking is automatically a case of abuse. This same distinction acquires a whole new dimension of meaning when one considers that a section of the white paper is dedicated to drugs used for medicinal purposes: a serious issue involving hundreds of people suffering from serious health complications, but which has hitherto always been overlooked by Maltese legislation. The significance of this shift in perspective cannot be overstated, for it addresses the very crux of the issue concerning drugs in Malta. That drug abuse is associated with serious personal, health and social problems is a fact that no one can really deny. But likewise, no one can deny that our approach to this issue on a legislative level has to date been highly irrational: guided for the most part by political considera- tions and objectives, at the expense of the reality on the ground. For years, experts in the field have pointed out numerous inconsisten- cies and flaws in the current legisla- tive set-up. The clinical director of Sedqa – the government's own agency for drug and other addic- tions – urged a rethink of drug laws in 2010. Not only does Malta's traditionally hard-line approach often translate into individual miscarriages of justice… but it has also failed in its primary objective: i.e., to contain the growth of the drug problem at source. There is statistical evidence (including re- ports by the European Union's drug monitoring agency) that the inci- dence of problem drug use in Malta, especially cocaine and synthetic 'new' drugs, has skyrocketed despite the draconian laws in place. Apart from the social and medi- cal implications, the failure of the present system has also incapacitat- ed the judicial system by inundat- ing the law courts with an endless queue of unnecessary criminal cases. Clearly, something had to be done to address this anomaly; and at the risk of oversimplifying matters, the white paper proposes a number of major and minor policy changes. Among the proposals is a classi- fication system for different drugs, which are currently lumped to- gether under the Dangerous Drugs Ordinance. A distinction would also be made between trafficking for profit (in which case the present laws will remain in force) and traf- ficking to sustain one's own habit, in which case the courts will be empowered to hand down alterna- tive penalties to prison and fines. With the exception of cannabis, those charged with drug posses- sion for the first time will not face criminal sanctions in court, but will instead be referred to a council (as yet vaguely defined) to be consid- ered on a case-by-case basis. Where necessary, this council will have the authority to order victims to un- dergo rehabilitation programmes. The exception for cannabis is that simple possession of the drug will no longer entail criminal proce- dures at all. The situation for traf- ficking and aggravated possession will however remain unchanged. There are also proposals to harshen penalties in cases where drugs are sold in or next to a school or other places frequented by children. These are courageous proposals, in a country where over 80% are re- ported to oppose drug decriminali- sation. Admittedly the white paper does not actually propose decrimi- nalisation entirely. Possession of all drugs except cannabis will remain a criminal offence, only subject to more reasonable penalties aimed at assisting victims rather than punishing them. In the case of can- nabis, cultivation will remain illegal even for personal use. Ultimately, however, what sets this white paper apart from all previous approaches is that the government has clearly listened to the opinions of its own advisors in the field. The proposals reflect concerns raised by stakeholders in various consultative meetings, and for this reason alone they mark a significant improvement over the present legal framework. Having said this, there are areas where the white paper seems vague and poorly thought-through. For instance, it distinguishes between simple and aggravated possession for all types of drugs, but gives no indication of the factors that would constitute this distinction in practice. We are not told how much of any given substance would be considered 'for personal use', and how much would denote intention to traffic. One assumes this will be the subject of further discussion in future. Moreover there are apparent contradictions. Given that cannabis possession would no longer entail criminal consequences, it remains unclear why the police should be involved in referring cannabis users to the aforementioned council (as proposed in the paper). By the same reasoning that the police do not involve themselves in minor traffic infringements – there are wardens for that purpose – it seems strange that a policy which no longer regards cannabis use as a crime should allow for police involvement in cannabis-related cases. Nonetheless, by distancing itself from all the hysteria and political chest-thumping that has always drowned out previous discussions on this subject, the white paper clearly marks a step in the right direction. One hopes the ensuing discussion will adopt the same thrust and tone. Editorial An overdue step in the right direction MaltaToday, MediaToday Co. Ltd, Vjal ir-Rihan, San Gwann SGN 9016 MANAGING DIRECTOR: ROGER DE GIORGIO MANAGING EDITOR: SAVIOUR BALZAN Tel: (356) 21 382741-3, 21 382745-6 • Fax: (356) 21 385075 Website: www.maltatoday.com.mt E-mail: newsroom@mediatoday.com.mt