The national drug commission is against the drug decriminalisation policy being implied by the Prime Minister and believes a staggered penalty system should be introduced, Times of Malta has learnt.
On Tuesday, Joseph Muscat said the system of imprisoning first-time offenders or those found in possession of a small amount of drugs for personal use was “failing our youths”. He did not elaborate.
Asked for a reaction, commission chairman Joe Sammut said he was not in favour of de-penalising the persistent use of drugs.
“We believe users should be given chances but if this behaviour continues other measures should be taken, including facing criminal repercussions,” the newly appointed chairman said when contacted.
It is difficult to have an opinion yet
In a press announcement the day after Parliament’s approval of the Civil Unions Bill, Dr Muscat said drug reform topped the government’s list of taboo issues after it championed gay adoptions.
When asked for details on the proposed reform, a spokesman for the Office of the Prime Minister said: “A White Paper will be published with the aim of shifting the way the State looks at genuine victims of drug use as people who need help by society to get out of the habit rather than criminals.”
He said the White Paper would be published in the coming weeks and the Justice Ministry was being assisted by a team of experts, including the Attorney General, the Commissioner of Laws and the National Commission for Drug Abuse.
Dr Muscat’s announcement has raised eyebrows, with some commenting on the marked difference between the government’s new position and the proposed setting up of a non-judicial body for first-time offenders previously announced by Justice Minister Owen Bonnici.
Proposed by the national drug commission, this reform was meant to see the removal of criminal penalties for first-time users only.
Mr Sammut was initially reluctant to react to Dr Muscat’s announcement but when pressed said he stood by the commission’s original position. However, he stressed that the commission would be consulting with the government to find the best solution.
“The Prime Minister’s comments were just his initial view and are not enough to form an opinion on.
“It is difficult to have an opinion yet. However, we will be consulting with the government when they open this up for discussion and will move from there,” he said.
Former commission chairman Marilyn Clarke shared Mr Sammut’s position.
She told Times of Malta that she remained against the blanket decriminalisation of drug use which she felt could have far-reaching consequences on society. She said a national impact assessment report had not yet been carried out, making it difficult to understand what effects this new legislation could have.
Mr Sammut said the government had still not quantified what was a “small amount” of drugs, which made it difficult to understand what it meant by personal use.
The government, he said, had not classified different substances, meaning there was no distinction between hard drugs, such as amphetamines and softer ones like cannabis.
“These are all things that have to be looked into before we move towards legislation,” he said.