As any business is wholly aware, change can be difficult and success is all about how that change is carried out. The recent White Paper on the legalisation of recreational cannabis spurred an extensive discussion and employers wanted to know how this reform would affect them and how they should navigate the circumstances.
The Malta Chamber believes that the logical approach towards recreational cannabis should begin with decriminalising personal use while prioritising public health. Quick win solutions are unnecessary risks – our society needs to adjust to such changes.
The Malta Chamber has therefore highlighted the importance of developing a regulatory framework that draws on international best practices and is backed by scientific evidence. The response takes a strong stance in favour of the further decriminalisation of the possession of cannabis for personal use, calling for the implementation of these measures without delay.
In contrast, we also emphasise the need for comprehensive studies on the effects of the proposed legislative changes for the legalisation of recreational cannabis. There needs to be caution to avoid adverse effects in the sphere of mental health, which are entirely foreseeable and anticipate issues related to the enforceability of laws intended to curb the illegal drug trade.
In its recommendations to rework the White Paper proposals, we have focused on addressing the issue of the supply of legal cannabis, setting out requirements for the establishment of ‘safe’ levels of THC consumption (a psychoactive ingredient found in cannabis products) through further studies. This proposal forms part of a wider framework which would require that the authorities identify and regulate avenues of legal supply. Malta needs to avoid empowering the black market, not making it easier for it to operate.
In our engagement and discussions with experts, the considerable risks of legalising the home-growing of cannabis were highlighted. We are concerned that consumers could be put at risk, given the lack of quality control on the product. The presence of harmful pesticides, heavy metals and other dangerous components in home-grown cannabis could go undetected, with considerable negative health repercussions to the user.
Quick win solutions are unnecessary risks – society needs to adjust to changes- Marisa Xuereb
These necessary safeguards, among others, are matters which the government should be well acquainted with, given its regulation of the medical cannabis industry in Malta, which has invested millions on addressing these concerns only to now risk being hijacked by unregulated and unprescribed cannabis of potential inferior quality, at the risk of the user.
In this light, we eventually concluded that the proposed White Paper should be redrafted prior to opening a second consultation with the medicines authority, law enforcement agencies and the Department of Criminology at the University of Malta to ensure that the resulting legislation is safe, enforceable and effective. There should be no rush towards adopting the legislation that is best suited towards Malta and will lead to the most positive outcomes for our people.
This consultation process should also include the Occupational Health and Safety Authority (OHSA), given the complete absence of any employment related considerations in the current version of the White Paper. The legalisation of a psychoactive substance like cannabis would require substantial amendments to applicable health and safety regulations and would necessitate a discussion on the right of employers to adopt a zero-tolerance approach to substance abuse, particularly at the workplace.
Employers are understandably concerned about how they may be impacted and here, once again, we must take a purely scientific approach which respects their rights and ensures that the workforce is not negatively affected.
While reform of the legislation surrounding recreational cannabis has become an urgent necessity, we believe that a balance can be struck between fast-tracking the further decriminalisation of possession for personal use and taking a responsible, cautious approach to legalisation, where the user’s safety should be the top priority.
Marisa Xuereb, president, Malta Chamber of Commerce