A drug-infested society

Until a few decades ago, the decriminalisation, liberalisation and legalisation of drug use and consumption in Malta was unimaginable.

The late former prime minister, Karmenu Mifsud Bonnici had proposed legalising all drugs, including cocaine, back in the early 1990s, only for his proposal to be immediately shot down. By 2011, however, the winds of change were already blowing on the horizon.

In 2015, Malta decriminalised the possession of 3.5g of cannabis for personal use. On December 14, 2021, recreational cannabis cultivation and use was legalised for those aged 18 and above.

In Malta, it is now legal to carry up to 7g of cannabis; each household may cultivate up to four plants and have up to 50g of dried and stored cannabis.

It is also legal to establish cannabis associations, known as Cannabis Social Clubs, which can cultivate cannabis to distribute among members, up to a maximum of 7g per day and 50g per month. Non-profit organisations are also allowed to grow cannabis in Malta to sell to up to 500 members in the country.

Reforms are still being made to regulations regarding possession and use of drugs, with a softer stance towards the punishment for anyone found in possession of a substantial amount of drugs.

It would be no exaggeration to state that a person who once was considered a drug trafficker is today practically transformed into a ‘drug victim’.

Lately, it appears that more individuals are admitting to having abused some kind of substance.

Substance abuse and addiction have grave consequences on our existing social system, affecting crime rates, hospitalisations, child abuse and neglect and are rapidly consuming our limited public funds. The social and economic implications of substance abuse and addiction in Malta are not being seriously considered.

Ironically, the drug policy of the present Labour administration seems to be orientated towards changing the laws to allow people to be “treated and supported rather than criminalised and excluded”, despite retaining the offence of possession of drugs with the intention of supplying them to others.

It is incredible how there isn’t a stronger opposition in Malta to the legislation that softens the prosecution and consequences for drug offences that, up to some time ago, were put on a par with wilful homicide.

This approach runs counter to the public health approach to drug policy. Evidence shows our drug problem is a major public health and safety threat, and drug addiction is a disease that can be successfully prevented and treated. Legalising drugs has increased their availability and normalised their use, leading to increased negative health consequences, particularly among young people. Drug legalisation also undermines preventative health strategies, a keystone in improving overall public health in our country.

Undoubtedly, cannabis and cocaine use, particularly long-term, chronic use that begins at a young age, can lead to dependence and addiction. Moreover, they are anything but benign drugs.

The social and economic implications of substance abuse and addiction in Malta are not being seriously considered- Mark Said

Indeed, do we have any studies or reliable statistics showing how many individuals meet the diagnostic criteria for abuse or dependence on cocaine? This is a drug associated with addiction, respiratory illnesses and cognitive impairment. It is also the second leading substance for which people receive drug treatment and a major cause of visits to emergency rooms at our hospital.

Legality increases the availability and acceptability of drugs, as we see with alcohol and tobacco, which far outpaces the use of illegal drugs.

Advocates of drug legalisation believe that making drugs cheaply and widely available will eliminate the illegal drug market, regulate quality and price and decrease law enforcement costs, including arrest and incarceration. They predict that the government will spend less money on law enforcement and that drug-related crime will fall if drugs from cannabis and cocaine become routinely accessible, more or less as are alcohol and tobacco. However, this is all turning out to be a false hope.

Cannabis is now added to alcohol and nicotine as a third drug legal for adults. Alcohol and nicotine are the leading causes of preventable illness and death in Malta.

The topic of drug legalisation will remain a subject of intense debate and controversy. It elicits strong opinions from various stakeholders, including policymakers, law enforcement agencies, healthcare professionals and the public.

One of the primary concerns surrounding drug legalisation is the potential increase in drug use. Making drugs more accessible through legalisation may lead to a rise in consumption, particularly among vulnerable populations such as youth or individuals who were previously deterred by the illegal status of drugs.

The normalisation of drug use through legalisation may influence social norms and attitudes, potentially leading to a shift in societal values and acceptance of drug use.

Merely legalising drugs without addressing the underlying factors that contribute to drug use may not effectively address the problem. It is crucial to prioritise comprehensive drug policy reform that includes a focus on prevention, education and access to drug addiction treatment options. By addressing the root causes, we can work towards reducing drug addiction rates and improving overall public health.

Drug use can be devastating regardless of whether it is for recreational purposes or if permissible amounts are increased beyond what is considered safe.

To support substance use prevention and social, emotional and mental health promotion, our government must support strategies that minimise the reach of the harmful substance industry and promote healthy, drug-free norms for families and communities.

 Mark Said is a lawyer.