Issue link: https://maltatoday.uberflip.com/i/794736
24 maltatoday, SUNDAY, 5 MARCH 2017 Opinion T here is a curious paradox in the way we approach things such as drugs in this country. And, yes, you'll probably find similar anomalies in other places, too. But only a country like Malta, to the best of my knowledge, could possibly get away with 'decriminalising' cannabis (with much fanfare) in 2014... only to continue treating cannabis users as criminals for years afterwards, as if nothing had happened at all. And only here would it be considered perfectly 'normal' for the police to suddenly arrest more people for possession of cannabis after the substance has been 'decriminalised', than before. It reminds me vaguely of that scene in Pulp Fiction, where John Travolta tries explaining the legal status of cannabis in Amsterdam to Samuel L. Jackson. Only more or less completely the other way round: "OK, get this. It's not a criminal offence to be in possession of small amounts of cannabis in Malta; but the cops still have the right to strip-search you if they suspect you have any; they still have the right to arrest, detain and interrogate you if they find any on your person; and you will still face proceedings in a legally constituted tribunal. Just like in the days when it was still a criminal offence..." Somehow, under those circumstances I doubt Jackson would have replied: "Oh, man! I'm going, that's all there is to it!" I think he would have much more likely said: 'Oh man, what are Malta's legislators smoking, anyway? Can I have some of that shit, too...?" Hence the paradox. Malta must be the only country in the world where possession of cannabis is both a criminal offence and not a criminal offence at the same time. And let's face it: that's the sort of thing that can only possibly make sense if you're on drugs. Seriously mind-altering drugs, too... the most potent variety of LSD, for instance, in the sort of dosage Jim Morrison might have washed down with Bourbon before a gig. But in any case: three years after the supposed drug law reform that did away with criminal prosecution for cannabis possession – in part to lessen the load on the law enforcement sector, and free it up to concentrate on serious crimes instead – Justice Minister Owen Bonnici has acknowledged that the primary aim of the reform has since been completely defeated. That is not, of course, how he worded it himself. On the contrary, he seemed to be convinced this farcical situation is actually working. He even said – and no doubt believes – that the continued policy of arrest and interrogation was necessary "to help the police break drug trafficking rings". Like I said, it must be some pretty potent stuff they're smoking in Parliament these days. But let's see how this hallucination actually fares when confronted with reality. Naturally, the most immediate question to ask would be: how many drug trafficking rings have been successfully smashed, specifically on the basis of people arrested for smoking a joint at a party or concert? Last year, for instance, 78 people were arrested for simple cannabis possession over the three days of the Earth Garden festival. That is a significantly higher number of drug busts at a single event than we were used to in preceding years. And the same could be said for last year's Isle of MTV concert... (in fact, they arrested just about everyone for simple possession of cannabis... except for the internationally acclaimed superstar who was smoking the stuff on stage). Did the information gleaned from any of those interrogations help identify (still less break) any organised criminal networks? Hmm. I reckon the answer is roughly the same as it was before 'decriminalisation'. The police have, to be fair, made some pretty impressive drug busts over the years. I believe they still hold the record for the largest ever single cocaine seizure in the Med: "well over 100 kilos, possibly close to 200 kilos", found in a container at the Freeport in 2012. The drugs were in transit through Malta, destined for another country. The operation was conducted by the Police, together with the Customs Department and the AFM's Bomb Disposal Unit. Somehow, I find it very hard to believe that a trafficking operation of that magnitude could be uncovered by interrogating a teenager caught with a joint at a party. Those people do not buy their drugs in bulk from the Freeport. And the people they do buy from – the street dealers – wouldn't even ever hope to get close to that level of operations. That, broadly speaking, is why they are called 'criminal organisations'. There will invariably be a structural hierarchy in place; and as a rule, it would be designed so as to ensure that anyone caught on the lowest rungs of the ladder, will not know enough to ever imperil 78 people were arrested for simple cannabis possession over the three days of the Earth Garden festival Laws can be just as dangerous as drugs Raphael Vassallo