Drugs threshold controversy

Now that the court has found that the legal provision denying prisoners from benefitting from policies that encourage the rehabilitation of drug users effectively breaches their fundamental rights, the government is proposing a new reform that former inmates caught in possession of drugs while incarcerated will not have to return to prison.

The reforms open to public consultation also include a revision of the maximum amount of illegal drugs found where a person can still be eligible to appear in front of the Drug Court.

The court rules whether possession of drugs is intended for personal use or supply. Photo: Shutterstock.com

This proposal led to political bickering between the government and the opposition.

Distinguishing between drug possession for personal use, supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policymakers. To address the problem, two solutions are typically enacted: the threshold scheme and the “flexible” model.

According to the former, pre-defined quantities of the substances are presumed for personal use while, in the flexible model (or “discretionary system”), the court rules whether possession of drugs is intended for personal use or supply, taking into account all the available circumstances.

A less severe attitude by the legislator towards conduct related to personal use is reasonable. The amount of drugs, together with other circumstantial evidence, will allow the court to consider the aim of possession of the substances.

As for the “other circumstantial evidence”, several court judgments gave judges and magistrates a blueprint to establish the aim of possession, using criteria like the condition of addiction, economic circumstances, evidence of packaging in doses and the possession of tools to weigh and/or cut the substances in addition to the relevant amount of drugs.

Of course, if the legal requirements are satisfied, a person can still be eligible to appear in front of the Drug Court.

To my mind, this is the ideal way forward. We did not have to create a storm in a teacup.

MARK SAID – Msida

Conservative president

It has been mentioned that the next president should not be a conservative person, presumably unlike George Vella.

It seems that the ground is being laid for someone who will have no qualms of conscience signing pro-abortion and pro-euthanasia legislation.

CARMEL SCIBERRAS – Naxxar

Cyclists’ delight

May I, as a long-time cycle commuter, thank Infrastructure Malta and their CEO, Ivan Falzon for installing a ramp so cyclists can access the new Msida cycle path?

Simple little tweaks like this are vital to making such links (that will connect to the cycling infra within the Msida flyovers project), workable.

Well done. Keep tweaking.

JIM WIGHTMAN – St Julian’s