There is no evidence that Malta’s softer drug laws will lead to more people using illegal substances, according to a European Union expert’s analysis of the recent legislative reform.
Brendan Hughes, who heads the policy unit at the EU’s drug monitoring centre, told The Sunday Times of Malta he had conducted several studies into usage rates in countries that changed their drug laws but had found no evidence that the two were linked.
Similar arguments were made by stakeholders in the build-up to the reform in Malta, with many raising concerns that softer penalties would send out the message that using drugs was normal.
“Many people believe that softer laws see more people turn to drugs. The reality, however, is that this does not happen. The changes in use can fluctuate in a number of ways,” Mr Hughes said.
A recent study published by the monitoring centre found that drug use had decreased in some countries that had introduced softer penalties. Other countries meanwhile, saw drug use increase as the law became harsher.
Mr Hughes, however, said that this did not mean that the popular theory should be flipped on its head, as some countries had seen no change in use whatsoever.
The main factors affecting usage rates were demand and supply, he added.
For this to work you have to really go for it
“This is like most other things. Drug use is a market that is dominated by market forces,” he said.
The Drug Dependence Act came into effect in April and heralds a major change in Malta’s drug policy.
The reform saw simple possession of small quantities of drugs (up to two grams, or two pills of ecstasy or similar substances) turned into an administra-tive offence, similar to a traffic violation.
Now, those people found in simple possession will be subject to fines ranging from €75 to €125, rather than face the possibility of prison time.
Mr Hughes is combing through the new legislation, along with a number of other reforms taking place in Europe to build a map of the evolving drug legislation.
Although he was reluctant to comment on the new Maltese law, as he was still “grappling with details”, Mr Hughes did have a word of advice for policy makers.
Pointing to the benchmark Portuguese model, upon which the Maltese reform is loosely based, Mr Hughes said this had been a success because it was not “half baked”.
“What we have found is that for a drug policy to work, it must be consistent and coherent. You have to send out a clear message and back it up with a number of other measures,” he said.
Mr Hughes said many countries believed in “treating addicts rather than punishing them”, a phrase often used by the Maltese government in the build-up to the reform. However, most countries retained a level of punishment and added on a system of “dealing with addicts”, he said.
“It looks a little bit strange and we’re not sure, are you treating users or are you punishing them? It’s even more confusing for the users themselves. For this to work you have to really go for it,” Mr Hughes said.