Issue link: https://maltatoday.uberflip.com/i/946236
maltatoday SUNDAY 25 FEBRUARY 2018 Interview 14 By Raphael Vassallo In a sense, you can't really blame some people for being confused by the mixed messages on drugs emanating from Government these days. For decades, the Labour Party waged a 'war on drugs': describing such substances as 'marijuana' in terms of a 'plague' or a scourge', to be eradicated at all costs... and the next thing we know, a Labour government first decriminalises cannabis, and now plans to attract medical marijuana companies to open in Malta. Isn't this a complete reversal of policy? Let's start from the beginning. What is happening today is a continuation from the previous legislature. In that legislature, we made a distinction between can- nabis and other, different drugs. Our argument was: if someone is caught with a joint, it shouldn't lead to a situation where that per- son's criminal record is tarnished. That reform was affected in the last legislature; now, we are tak- ing it a step further. In our elec- toral manifesto, we mentioned the word 'recreational'. I didn't agree at the time; and the reform is now based on a completely different principle: it's a harm-reduction approach. Drugs were, are and will remain something we believe shouldn't be promoted or encour- aged. However, we know for a con- crete fact – even from our shared experience in journalism, looking at all the statistics over 20 years – that there is a high percentage of young people, even as young as 13 years of age, who already use cannabis. We also need to distin- guish between synthetic and non- synthetic drugs. In the first weeks of this legislature, this ministry worked, together with other min- istries, on a new law to address the existing loopholes regarding synthetic cannabis: which can be very harmful to the user. From the outset, our position was and re- mains against drug trafficking and drug use. But we also understand that there are people who – just like others smoke a cigarette, or have a glass of wine on weekends – smoke a joint once a week. There are also individuals who might use cannabis on social occasions; and some may have gone beyond that, and use cannabis far more regu- larly. With the legislation passed previously, these people are no longer considered 'criminals'. But we feel there is a need to put this legislation within the context of a proper structural framework... which doesn't exist yet... so as not to keep sweeping everything un- der the carpet. On a personal note, this reform is also the biggest chal- lenge to me, as I am, and have al- ways been, anti-drugs... How is this reform going to work in practice, though? So far, indications have been vague. Can you clarify the parameters you're looking at: are we only talking about marijuana for medical purposes, for instance? At the moment there is an inter- ministerial committee, involv- ing all the ministries concerned: health, justice, home affairs, as well as all the different services... we are drafting a model, in con- sultation with the stakeholders, including drug dependency agen- cies like Caritas, Sedqa and the Oasi foundation, among others. One important aspect is that we have separated the issues of 'medi- cal' and 'non-medical' marijuana. The medical marijuana aspect is already at an advanced stage: we are at the third reading of the draft bill. Non-medical use is still at con- sultation stage, however. There is still a lot to be done. And there are also strict parameters within which we are working. What we envisage is a structure in which an individual can be enrolled and reg- istered [as a non-medical cannabis user], with all due data protection considerations; so if (to give an example) the police find a certain amount of cannabis on an indi- vidual, it can be established if the individual in entitled to be in pos- session according to the scheme... if the amount concerned is within the limit of what can be legally owned, etc. One question that still hovers over the previous reform concerns the actual legal status of marijuana. Technically, possession is still against the law, though it is no longer a criminal offence. Will this change with the new reform? Will it be possible to legally buy cannabis in Malta? The idea is primarily to maximise safety and to try and eliminate, as much as possible, illegal drug traf- ficking. One concern that cropped up in our meetings is that it is un- safe to buy from criminals. The re- form envisages licensed dispensa- ries: though it remains to be seen whether these will take the form of the traditional pharmacy, or some other concept. One thing we are not considering, however, is the possibility of 'coffee-shops'. And we're not talking about 'edibles', either: cannabis in cakes, muffins or spaghetti, etc. The system will not permit the sale of cannabis- based edible products. Also, in line with the safety approach, there will be zero-tolerance towards driving under the influence of cannabis. And the individual concerned will have to be referred to the dispen- sary by a medical doctor... But aren't we talking about non-medical use here? Why is a doctor's referral needed? As you might know, and as medical experts warn, there may be certain dormant conditions, unknown to the user, which may be triggered by cannabis use. This was a concern raised by experts, including psychiatrists, during consultation. There is research that shows if there is a family his- tory of schizophrenia, and the in- dividual starts using cannabis, it will increase the likelihood of the condition developing. Another concern is age: to enrol in this sys- tem, you have to be 21 or older. Below that age, the mind has not developed sufficiently to safely use cannabis. Earlier you mentioned Malta's drug agencies: Caritas, Sedqa, etc. These have all come out quite strongly against decriminalising cannabis for personal use. Are you encountering any resistance to the reform from these, or other quarters? I was pleased that, during our consultation meetings – which we invest a lot of time in: they're not 10-minute meetings, I can assure you – after an hour of discussion, we found we had points in com- mon with the agencies you men- tion, including Caritas. They told us they were pleased that nowhere was the word 'recreational' used, and that we were adopting a harm- reduction approach. But we also spoke to users. We held meetings with 'Releaf' [a cannabis legalisa- tion lobby-group], and their feed- back and response was also very positive. What I am interested in is to explore the common ground; the areas where we can all work to- wards an agreement. One concern that is common to all stakeholders is safety. Buying drugs illegally can expose an individual to dangers. For example, there are known cas- es when cannabis, bought illegally, turned out to have been adulterat- ed with other substances – some- times even including crushed glass – to increase the weight. It is precisely to avoid such dan- gers that cannabis users (including 'Releaf') argue in favour of legal home cultivation. Does the reform envisage the possibility of licensed users growing their own cannabis plants: and if so, what are the pa- rameters regarding quantity, etc? That was another of the issues raised in those meetings. And it was mentioned also by users who raised another point: not every- one has 'green fingers', or is able to grow a plant from seeds. Ap- parently it's not that simple: you need certain climate conditions, etc. But at this stage, it is not something that is considered in the reform. The new model will not include cultivation for per- sonal use. Also, we are not look- ing at a scenario where anyone can just smoke cannabis in any public place, as if it were nothing. It will be restricted to private buildings. Another issue connected with cultivation (and also possession, over a certain amount) is that Maltese law does not clear distinctions between cultivation for personal use, and cultivation for the purposes of trafficking. People have been treated as drug traffickers, not because they sold drugs, but because they fall into the legal category of 'drug trafficker' by accident. Does the reform look into this situation? Yes, it is something being dis- cussed by the inter-ministerial committee... the aim is to address all these points in a holistic way. As we go along we are improving the model all the time. Meanwhile, another source of resistance to cannabis decriminalisation has traditionally been the Police. Former Commissioner Michael Cassar once threatened to resign over the issue on Xarabank, for instance. What sort of feedback are you getting from the police, and other law enforcement institutions and agencies? Let me tell you a story: I was the first to resist this reform. I was not comfortable that it landed on my lap: my point of departure was that I am against drugs, and I have never taken drugs in my life. But my bone of contention was with 'recreational' use. Because if we are to seriously consolidate our ef- forts, as a country that is against drug-trafficking, and against drugs in general... I felt it sent the wrong message. But when we thrashed ideas around a table, we came to a point where we agreed – with all the stakeholders – to concentrate on a harm-reduction approach. So I understand the premise of your question: that the forces of order are not necessarily comfort- able with the way the reform was initially presented. I don't blame anybody: that's why we're hold- One concern that is common to all stakeholders is safety. Buying drugs illegally can expose an individual to danger In reality, I think that the patients who hear that sort of comment – especially those patients who need medical marijuana every day – are the ones who are best positioned to judge HARM REDUCTION 'DRUG FACTORIES' It's about 'harm-reduction',