The decriminalisation of drugs is fast becoming one of the prime issues on the country’s agenda. The timing is dubious as I am not too sure that the launch of the proposed White Paper during the sweltering summer months is an appropriate time to discuss and debate such a delicate and complex subject.

The arguments for and against decriminalising drug use by first-time offenders are potent on both sides. On the one hand those in favour believe that it is absurd to penalise drug offenders for what they term ‘petty’ offences. The more judicious among the latter speak of the unnecessary hardship and stigma that drug-related offences have on the lives of offenders both for their present and future predicament.

Those against decriminalisation of drug use are adamant that any form of laxity in approaching this subject will be the harbinger of further moral and physical degeneration that brings ill wind to a society already challenged by many social issues. Furthermore, this faction believes that any form of ‘liberalisation’, or impression thereof, will simply open the floodgates for more abuse and the likelihood is that abuse will spread and deepen among our youths and young adults.

As in all debates of this kind, it is more than probable that both sides have good and forceful arguments with some kinks. Finding the right balance and a reasonable solution requires much attention and rational thinking that passionate arguments may derail.

What are the signals emanating from the main players? The government has made many noises in favour of decriminalisation while being aware that the issue has not just political ramifications but also electoral ones. The government is doing all it can to create a unanimous consensus which I believe it will not achieve unless the solution is clearly mapped out.

The Opposition, on the other hand, is still reeling from the strategic defeats it has suffered when handling these ‘liberal’ issues and, hence, its arguments are fettered by the possibility of a backlash should it take the ‘wrong’ stance as perceived by the ‘majority’.

If this is a correct reading, than I must say that my party’s predicament is indeed frustrating!

The Church too is emanating confusing signals. On the one hand the Church establishment has through its Auxiliary Bishop made itself clear. It is against any form of decriminalisation and fears the worst should this legal path be embraced. On the other hand elements within the Church (Fr Hilary Tagliaferro among others) are practically clamouring for some sort of decriminalisation as soon as possible. The latter strongly believes that sending people to jail on minor drug offences is barbaric and counter-productive.

Experiences on the subject from overseas remain mixed. Those in favour ceaselessly quote the Portugal experiment while those against point out the mess created by liberalisation or lack of enforcement in countries such as South America. Here we have examples of chaos in countries like Brazil, inundated with hundreds of thousands of crack cocaine victims living in zombie-like conditions in ghettos of indescribable hellishness.

Are we decriminalising drugs or is this the path to liberalisation?

Back to Malta it is evident that some form of way forward remains necessary. Yet is decriminalisation the way forward? I am reliably informed that first-time offenders caught with minimum amounts of illegal substances never actually go to prison. The courts have for quite some time taken a consistent view and I would be inclined to believe that this situation is now an almost established judicial position. If this is so, why all the fuss in favour of decriminalisation after all?

In this sense I have yet to understand where we are going with this argument. While the government insists this is not liberalisation and is only for the benefit of first-time offenders only, I am still to see how all of this is not simply going to turn into an initial ‘get out of jail free’ card followed by harsher sanctions. Again the mixed message is confusing. Are we decriminalising drugs or is this the path to liberalisation? There is no doubt that certain drugs are more dangerous than others and one hopes that the first step will be to re-classify the hierarchy of dangerous drugs. Any form of decriminalisation should have this classification attached.

One hopes that this debate will not once again be transformed into a political football where particular agents will attempt to score political points for the simple benefit of partisan exigencies. I hope that we will have a sane and pragmatic debate for the benefit of all without any particular urgency and hopefully with a well constructed and coherent plan of action.

info@carolinegalea.com

Caroline Galea is a member of the Nationalist Party’s executive committee.

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