A public consultation on drug reform will be “short and intense” to allow those awaiting sentencing to benefit from the new system, Justice Minister Owen Bonnici told Times of Malta.

The White Paper will go through a two-month consultation before being tabled in Parliament at the end of summer recess.

This, Dr Bonnici hopes, will avoid any unnecessary court delays, which he fears would “clog up” the entire system.

“Whoever is caught up in a drug case will try to delay things to benefit from this new legislation; it’s human nature. This will slow everything down in the courts,” he said.

Dr Bonnici explained that those already sentenced would not benefit from any legal amendments put forward in the reform but criminal law did allow for new regulations to militate in favour of accused parties in ongoing cases.

This, Dr Bonnici said, would likely lead to criminal defence lawyers employing delay tactics to slow down sentencing.

Announced yesterday, the consultation document recommends processing first-time drug users before a Justice Commissioner who would hand down warnings and administrative fines, much like a traffic-style tribunal.

Repeat offenders will then be sent to a social board made up of probation officers, retired judges, psychologists, social workers and police officers.

Care and rehabilitation is the soul of this reform

The board will set strict conditions which users will be legally obliged to follow. These, the consultation document proposes, can range from community service to routine urine tests. Violating any of the conditions will be seen as a criminal offence.

However, those caught smoking cannabis will only be slapped with a warning or a fine, irrespective of how many times they are caught.

These transgressions will not be noted in a criminal record, though more severe action may be taken in “exceptional cases”.

The proposals go a step further than those put forward by the Opposition. Last week Nationalist Party deputy leader Beppe Fenech Adami had told Times of Malta the reform should not be an indefinite “get-out-of-jail-free card”.

The Opposition, he had said, was in favour of relaxing laws surrounding the first-time offence but was wary of sending a message that doing drugs was OK.

Asked why the government felt the need to go a step further, Dr Bonnici said the reform still maintained a form of criminal deterrent but had prioritised rehabilitation and care over punishment.

“Care and rehabilitation is the soul of this reform. We still maintained a deterrent, but we have shifted this punishment away from the start [of the problem] and kept it as a last resort for those who refuse to cooperate,” he said.

Dr Bonnici said the proposals enjoyed Cabinet’s full support. He said other Cabinet ministers had put forward suggestions which, he felt, made the White Paper “a more rounded” document.

“The first draft of the White Paper was originally much shorter, but then a number of my colleagues came forward with very important suggestions, including the changes proposed on medical marijuana,” he said.

The White Paper recommends allowing consultants to prescribe medical cannabis to alleviate patients’ pain.

This, he stressed, would be achieved through medical products such as sprays and tablets, and would not see patients cultivating their own cannabis plants.

Asked how law enforcers would adapt to this reform, the minister said a culture shift would have to take place, especially among those “on the ground”.

This, he said, could be done through accessing EU funds on training, as well as cooperating with different stakeholders.

Where they stand...

Government

First-time offenders
Given a warning or administrative fine by a justice commissioner.

Repeat offenders
Social board sets conditions for rehabilitation. Breaking a condition would be a ­criminal offence.

Traffickers
Reform asks whether prison should be the only option for addict traffickers.

Quantification
Police guidelines will set threshold limits for personal use.

Cannabis
Given special treatment, no longer a criminal offence except for “extraordinary circumstances”.

Cultivation
No longer mandatory prison sentence for cultivating cannabis for personal use.

Opposition

First-time offenders
No court and given a chance to reform. To discuss relapse window.

Repeat offenders
Will face criminal proceedings.

Traffickers
“Zero tolerance retaining mandatory prison sentence.

Quantification
Retain police discretion, no new system.

Cannabis
No special treatment.

Cultivation
No change to law, still have mandatory prison sentence.

Reform means I can have my life back – former addict

A reformed addict sentenced to prison nine years after he was caught with a gram of heroin could hardly believe his ears when he heard about the proposed drug reform.

“This could be the difference between me keeping the life I have worked so hard to gain back and winding up in prison, where I fear I might end up back on drugs,” he said.

The former addict, 38, who preferred to remain anonymous, is appealing a six-month prison sentence, after having been found guilty of trafficking last month.

The young man had last month written to Justice Minister Owen Bonnici calling for a review of the system, which he felt had failed him and his family.

Dr Bonnici had read out the letter in Parliament where he publicly apologised for the lengthy delays “on behalf of all society”.

The former addict was found sharing a small amount of heroin in 2005 and had since kicked the habit. He dedicates much of his time to helping others deal with their addiction.

He is also in a long-term relationship and is expecting the birth of his first child in September.

Last month, he had told this newspaper how he feared falling back into the clutches of addiction while serving his mandatory jail term for dealing drugs. However, the White Paper offers new hope.

The consultation document proposes removing the mandatory prison sentence on trafficking in exceptional cases. Instead, a magistrate’s court will have the ability to transform itself into a specialised drug court and hand down non-criminal sentences.

Dr Bonnici yesterday said this would help protect those who had made genuine efforts at rehabilitation, and help them from succumbing to addiction.