A White Paper on drug reform, out in the coming days, will eliminate the confusion that exists between decriminalisation and outright legalisation, according to Justice Minister Owen Bonnici.
“Society needs to understand that the proposed decriminalisation of drugs is completely different from outright legalisation,”Dr Bonnici said, adding that the consultation document would iron out any misconceptions.
These misunderstandings emerged in media reports, which quoted a Eurobarometer study saying just 14 per cent of locals agreed with introducing a decriminalisation policy.
It turns out, however, that l-orizzont’s report may have highlighted a common misconception because the Eurobarometer figures were actually referring to the legalisation of drugs.
A section of the Eurobarometer study, aimed at highlighting respondents’ preferred legislative models, found that only 14 per cent of Maltese were in favour of legalising drugs.
Dr Bonnici insisted the government had no intention of making drugs legal.
I look forward to working with Auxiliary Bishop
“It’s one thing to ask people if they agree with decriminalising personal drug use, which is what we are discussing, and another to ask if people are in favour of outright legalisation,” Dr Bonnici told Times of Malta.
Asked what the difference was, Dr Bonnici said legalisation would effectively normalise drug dealing, of which the government was not in favour.
The reform also raised concerns that removing criminal deterrents would lead to a rise in drug use.
Dr Bonnici declined to comment on this point saying that the White Paper’s suggestions would put such concerns to rest.
Details on the reform have so far remained sketchy with the minister declining to reveal whether it would introduce a classification system for drugs, although this would seem likely.
The minister also declined to react to concerns raised by Auxiliary Bishop Charles Scicluna who, on Tuesday, questioned whether the reform would play into the hands of drug barons.
“I am looking forward to working with the Auxiliary Bishop once the consultation process begins,” he said.
Not all Cabinet members remained silent on Mgr Scicluna’s comments with Social Solidarity Minister Michael Farrugia tweeting: “How can one criticise the drug reform if a white paper on such a reform is not yet out?”
Decriminalisation v legalisation
Decriminalisation does not mean people can use drugs with impunity. Jamaica, for instance, has proposed that people caught with up to two ounces of cannabis should be fined, just like littering or illegal parking.
Drug users in Portugal are also exempt from criminal proceedings and are ordered by a specific Drug Court to attend rehabilitation classes instead.
By contrast, legalisation means drug users face no penalty at all, be it rehabilitation, community service or fines. More importantly, it means cultivation and trafficking would also be legal.
This would take the lucrative trade out of the hands of cartels and allow for the controlled production of substances.
It is not clear if the drug reform will see the removal of criminal deterrents for first-time users only or if this will be extended to repeat offenders. Neither is it clear whether this will extend to all drugs or just those recognised as soft.
What is certain is that selling drugs in Malta will remain a criminal offence.