Legislative changes, enacted in 2015, falling under the Drug Dependence (Treatment not Imprisonment) Act, and the more recent legislative amendments, introduced in 2021, partially decriminalising the personal cultivation and possession of cannabis, facilitate the state’s overarching role of addressing drug use in society without infringing international human rights law and commitments.
The “negative unintended consequences” of the criminalisation of personal drug use has been recognised as amounting to one of the gravest harms caused by drug use in society.
In June last year, on the International Day Against Drug Abuse, UN experts declared that data and experience have shown that the ‘war on drugs’ undermines health and social well-being and wastes public resources while failing to eradicate the demand for illegal drugs and the illegal drug market.
Such policies have far-reaching negative implications for the widest range of human rights, including the right to personal liberty; freedom from forced labour, from ill-treatment and torture; fair trial rights; the rights to health, including palliative treatment and care; the right to adequate housing; freedom from discrimination; the right to clean and healthy environment; the right to culture and freedoms of expression, religion, assembly and association; and the right to equal treatment before the law.
Moving closer towards a human rights centre, the introduction of alternatives to incarceration to address personal drug use are a clear example of a transitional drug policy framework. The national report on the drug situation and responses in Malta (2022) is an interesting tool to observe the social and human benefits of advancing a less criminalised environment.
The state is not relinquishing its international commitments to combat organised crime and international drug trafficking- Leonid McKay
When looking at arraignments for cannabis-related offences, one may notice a decrease in the number of cases dropping to a total of 153 in 2021 from the larger number of 356 cases in 2018.
Furthermore, between 2015 and 2021, a total of 2,124 persons in possession of less than 3.5 grams of cannabis appeared in front of the commissioner for justice and received a fine instead of being prosecuted within the law courts.
By diverting these cases away from the criminal justice system, Malta is prioritising public health and recognising that adopting a harm-and-risk-reduction approach will lead to a safer and more socially just society.
The decriminalisation of up to seven grams of cannabis, the possibility to cultivate up to four cannabis plants per household and to store up to 50 grams of dried cannabis at home further complement national efforts to promote a more just, inclusive and benevolent society.
The promotion of non-judgemental educational tools for people who use cannabis and the prospective establishment of the Cannabis Harm Reduction Associations further recognise the role of respectful dialogue and empowerment to establish a culture of responsible cannabis use in Malta.
By recognising the validity of human rights tools in developing drug policy measures, the state is not relinquishing its international commitments to combat organised crime and international drug trafficking.
As attested by the National Report on the Drug Situation and Responses in Malta (2022), the Malta police force and other officials from the customs and freight departments continued to work in tandem to protect our shared European borders and intercept large shipments in transit across the Euro-Mediterranean region.
The interception, confiscation and destruction of drugs destined for other markets remain at the core of Malta’s efforts to counter and disrupt violent and criminal drug organisations.
The establishment of the Authority on the Responsible Use of Cannabis continues to strengthen Malta’s international commitments to address and counter the world drug problem, in particular to: (i) disrupt criminal organisations involved in transnational drugs trafficking, (ii) delay the onset of cannabis use through preventive tools, (iii) advance full harm-and-risk-reduction services for people using cannabis and (iv) introduce a social justice framework to address the negative unintended consequences of criminalisation.
Today, April 20, we join you to celebrate this important day and invite you to share our call for harm reduction and social justice.
Leonid McKay is executive chairman of the Authority for the Responsible Use of Cannabis.