Sedqa clinical director George Grech feels decriminalisation should be extended to repeat offenders. Photo: Chris Sant Fournier

Repeat drug offenders should not face criminal charges, Sedqa clinical director George Grech told Times of Malta yesterday. He was reacting to Prime Minister Joseph Muscat’s announcement last week that the government would no longer be criminally penalising those found in possession of small amounts of drugs.

A pioneer of the decriminalisation movement, Mr Grech said he agreed with Dr Muscat’s position.

He said drug abuse should remain illegal but not have criminal repercussions.

“Abuse should be against the law but not lead to criminal proceedings.

“This just isn’t working,” he said, although he accepted that some form of social repercussion was needed.

“I do not agree with drug use leading to criminal sentencing. This does not mean that we should completely abandon enforcement,” he said, adding that drug users were rarely sent to prison.

Mr Grech said users should be processed through a special drug court rather than the usual system.

Abuse should be against the law but not lead to criminal proceedings. This just isn’t working

“I agree with the setting up of an institution which will deal with drug use cases. This would focus more on de-penalisation rather than decriminalisation and remove the criminal stigma put on users,” he said.

The suggestion is reminiscent of the Arrest Referral System previously suggested by the government, which was meant to be set up by the summer parliamentary recess.

It would create a non-judicial body tasked with recommending penalties for drug users. The system is limited to first- time users only.

Likening drug use to alcohol abuse, Mr Grech said the process should be extended to repeat abusers.

Penalties, he said, could include community service and even rehabilitation.

The new legislation, he said, should promote treatment rather than saddle drug users with an “unnecessary” criminal record.

Decriminalising drug use and creating the dedicated court were among the suggestions put forward by the Justice Reform Commission.

Headed by former European Court of Human Rights judge Giovanni Bonello, the commission had said drugs should be treated as a social problem and not a criminal one.

However, the National Commission on the Abuse of Drugs, Alcohol and Other Dependencies has repeatedly expressed concern over the proposals.

Newly appointed commissioner Joe Sammut last week told this newspaper that he agreed with easing off on first-time users but was against the outright decriminalisation implied by Dr Muscat.

“Users should be given chances. But, if the behaviour continues other measures should be taken – including criminal repercussions,” he had said.