Justice Minister Owen Bonnici said yesterday that 30 people were taken to court on drug trafficking charges every year while 500 appeared in court on crimes of aggravated possession.

Introducing the second reading of a Bill intended to decriminalise the use of drugs in small quantities for simple use, Dr Bonnici said the Bill dealt with a very delicate subject which many politicians had been afraid to approach, with the result that the current law was harsh on traffickers as well as on victims.

However, he believed politicians were there to take decisions, and as a politician he felt obliged to ensure justice was done.

Dr Bonnici said he had spoken to the Prime Minister about Labour’s electoral mandate, explaining that he had issues with his conscience when it came to youths who had turned their lives around. He said Dr Muscat understood him and had spoken about the fact that this had to change from the very first budget.

He said those using up to two grams or two pills of a drug would be fined by a local tribunal, with the money used to partly finance the workings of a board whose function would be to rehabilitate drug abusers. Persons caught in possession of an amount ranging between three and 300 grams would have to appear before a drug offenders’ rehabilitation board, which would decide whether to send them to rehab or prison.

He said that he had the Prime Minister’s support on the issue, adding that the Labour government had the courage to change and remove certain injustices. He showed his appreciation for the work carried out by Caritas with youths attending rehabilitation programmes. He said these young people lacked self-confidence and were unable to deal with personal problems.

He also thanked the Labour youth forum and the PN for seminars held on the issue.

Dr Bonnici also appreciated the cooperation shown by his Opposition counterpart who had some reservations only on certain aspects. He said the government was committed to fighting drug abuse.

Those using up to two grams or two pills of a drug would be fined by a local tribunal, with the money used to partly finance the workings of a board whose function would be to rehabilitate drug abusers

Talks were held with Heritage Malta and with the Restoration Directorate so that these youths could carry out community work as part of their rehabilitation programme.

Changes were also effected on the use of medicinal cannabis for palliative care.

A sentencing policy advisory board was also to be set up.

Dr Bonnici also spoke on the asset recovery bureau in relation to drug trafficking, with the assets confiscated to be used to finance social projects related to judicial matters. He said that persons caught in the possession of drugs would still be interrogated by the police authorities.

Shadow minister Beppe Fenech Adami said the Opposition agreed in principle with the concept behind this Bill, which provided that first-time offenders were brought before a Commissioner of Justice and, if caught a second time, would be considered recidivists to appear before the newly-constituted Drug Offenders Rehabilitation Board.

Dr Fenech Adami suggested that this board be set up immediately with respect to first-time offenders, because usually these individuals would have been using drugs for some time. Rarely was a person caught red-handed the first time experimenting with drugs, he said.

He also suggested that the minister clarify the qualifications required of people making up the board.

With reference to cannabis use, he said that in no way was the law providing that smoking a joint was legal. This was important so that there would be no misconception that the government was seeking to legalise the use of cannabis, in the same way as other European places, such as Amsterdam.

On the other hand, it was a good thing that the law specified what would be understood as “simple possession” – two ecstasy pills or two grams of drugs. However, he suggested the Bill should be more specific as to the size of the pills and the types of drugs included in this definition.

The biggest tragedy would be for the Bill to be interpreted as giving some sort of leeway to those who abuse drugs, allowing them to enrich themselves or fuel their addiction to the detriment of other young people.

The Bill was intended to differentiate between the types of users and to facilitate the introduction of a rehabilitation programme of those who needed it.

The new legal provisions would not apply when the use of drugs occurred within, or within a hundred metres from, the perimeter of a school, youth club or centre or some other place where young people habitually met, he said.

The debate continues next week.

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