Addiction is a widely recognised problem but what the war on drugs has achieved is debatable. As the government considers taking a different approach, Kurt Sansone looks at the possible options ahead.

Decriminalising drugs is not a new phenomenon and has been around for decades, with some countries adopting such a strategy as early as the 1970s.

There is no single model for decriminalising drug use but there are parameters the government will have to consider as it attempts to change the draconian legal framework that deals with drugs.

The Sunday Times of Malta analysed the issues at stake using the parameters outlined in the 2012 publication A quiet revolution: drug decriminalisation policies in practice across the globe by UK-based advocacy group Release.

Threshold quantities:

The law may be changed to include quantity thresholds and a definition of possession for personal use.

Many, but not all, decriminalisation policies set maximum-quantity limits to distinguish between trafficking or sale offences and personal possession offences.

The issue here will be to determine the adequate threshold as if it is too low decriminalisation will have no practical effect.

In some models the thresholds are undefined, leaving it up to the police and judicial bodies to make informed judgements on whether drugs found were for personal use.

Drug types:

Legislators will have to determine whether the new regime for personal drug use and possession will apply for all illegal drugs.

Cannabis is covered by decriminalisation laws in all countries that have adopted the model but the same cannot be said for drugs such as cocaine and ecstasy.

In some jurisdictions a legal distinction is drawn between hard and soft drugs.

Administrative penalties:

With personal drug use and possession pulled out of the criminal realm, legislators will have to consider what type of sanctions, if any, the law will impose.

Different countries have different sanctions in place.

These include: fines, community service orders, warnings, education classes, travel bans, property confiscation, mandatory reporting, termination of public benefits, administrative arrest or no penalty at all.

Roles of judiciary and police:

Decriminalisation will necessarily redefine the roles of the police and the judiciary when dealing with simple drug possession. Some countries have opted to retain the same judicial structure, with cases still making it to court but with a different set of rules for punishment.

Other jurisdictions have chosen the path of diverting drug use cases to non-judicial bodies with civil penalty schemes that allow the police to issue fines for small drug offences, in a similar way to issuing a fine for a traffic violation.

Role of medical professionals:

Although the police and government drug rehabilitation agencies do cooperate, a law decriminalising drug-use may have to spell out clearly the relationship between the two branches and what alternative should exist for drug users who do not want to kick the habit.

Different models

Belgium

In 2005 the law was changed and adults found with less than three grams of cannabis for personal use would be recorded. There is no penalty associated with the process and the cannabis is not confiscated from the individual.

Czech Republic

In 2010, the Czech Republic was one of the last countries to decriminalise the possession of illegal drugs. People caught with up to 15 grams of cannabis, one gram of cocaine, 1.5 grams of heroin, four ecstasy tablets or 40 pieces of hallucinogenic mushrooms are charged with an administrative offence, not a criminal charge. The offence has potential fines of up to €700.

The Netherlands

The 1976 legislation continued to criminalise drug possession and supply but police follow long-standing non-prosecution guidelines for possession of up to five grams of cannabis or one dose of ‘hard’ drugs for personal use. Those found with amounts at or below this threshold face no penalties – civil or criminal.

Portugal

Portugal decriminalised drugs in 2001. If the police find an individual in possession of up to 10 days’ worth of an average daily dose of drugs for personal use, the individual is summoned for a meeting with a panel made up of medical experts, social workers and legal professionals. The panels do not meet in courtrooms and gauge an individual’s treatment needs, if appropriate. They have a wide range of sanctions at their disposal including treatment for those who are drug dependent, community service, suspension of a driver’s licence, or, as a last resort, issuing fines.

The debate in Malta so far...

Justice Minister Owen Bonnici

The minister favours decriminalising the “simple possession” of drugs for personal use and is piloting the government’s drive to change the current draconian drug law.

His stand reflects what Prime Minister Joseph Muscat told Parliament in April that reform was necessary to stop sending users to prison.

So far little is known of the government’s proposal but a White Paper is expected in the coming days.

 

Auxiliary Bishop Charles Scicluna

The bishop expressed concern that a blanket removal of criminal sanctions for repeated drug use could send the message that drug use is OK.

“We need a policy that will remove the stigma placed on drug users, but we also need to be careful not to deliver them [youths] into the hands of drug dealers.”

He called on MPs to hold a deeper debate before “rushing into” new legislation.

Ex-human rights court judge Giovanni Bonello

The former European Court for Human Rights judge last year called for a distinction between users and traffickers.

Speaking as the head of the justice reform commission, he said an individual in possession drugs for personal use should be seen as a victim who needed help, not a criminal: “We would like to see the personal use of drugs treated no longer as a judicial issue but as a social problem.”