No grass without the roots l Andrew Bonello

We have no crystal ball, but it seems the Times of Malta editorial of 6 February 2023 was a clear prediction of the near future. The editorial had questioned if the regulatory framework truly reflects and embodies harm reduction principles, or if this is just a smoke-screen (pun intended) to make way for profit driven stakeholders, politically appointed and exposed persons, and others close to government.

The editorial observed how the ARUC’s regulatory conference held a few days before (as reported by the Shift News costing us tax payers over €40,000 for the duration of just three hours), prioritised ‘commercialisation’. The Times of Malta stated ‘‘it would be a pity, but not a surprise, if the government decides to favour business interests once again. It would be another show of disrespect towards civil society, which has actively contributed to the drafting of a law based on the community, not on profit. As for users, they will go from being demonised to being cornered into a Hobson’s choice between greedy big business and illegal sources’’.

In 2024, we can proudly celebrate the licensing of 11 Cannabis Harm Reduction Associations and the production and distribution of roughly around 400kg of cannabis flowers. This has undoubtedly impacted the monopoly of the criminal market.

What we definitely cannot celebrate is the prevailing capricious legal grey area on the status of Cannabidiol (CBD), and criminal consequences for people wrongly accused of breaking the law. Alarmingly, the government has in 2024 once more missed the opportunity to amend the definition of Cannabis found under Chapter 101 Dangerous Drugs Ordinance. The misleading term ‘cannabinoid products’ (thus denoting also synthetic substances), needs to be replaced with the clear wording referring only to Cannabidiol (CBD). Cannabidiol (CBD) is found naturally in the cannabis plant, and helps to balance the psychoactive effects of Tetrahydrocannabinol (THC). Furthermore, it is the only natural cannabinoid no longer being classified as a narcotic by the World Health Organisation.

Regretfully, it seems the ban on HHC and other cannabinoid products was a cosmetic one. In fact, products ranging from flowers to cakes continue to be marketed and sold across the island, including to minors and tourists.

Additionally, it seems that the ARUC’s regulatory framework is adopting a fragmented application of the ‘not-for-profit’ principle. It is in fact puzzling why the ARUC is so eager to include a capping on wages for workers enrolled with these associations, yet at the same time is allowing ‘uncontrolled and very expensive’ external consultancies to help in the setting up and/or running of a Cannabis Harm Reduction Association (CHRA). These ‘consultants’ may be paid way above the ‘ARUC wage capping’ and thus making a mockery of the ‘not-for-profit’ and philanthropic purposes of these associations. Most worryingly, instead of introducing restorative justice and social equity tools as proposed by ReLeaf Malta in 2022, one may observe a regulatory framework which continues to pave the way for profit driven players and others close to the political class. Moreover, various people have shared with us their concerns on the apparent semi-commercialised venture by one of the associations allowed to open two outlets in two different locations in just a few months since starting operations. Some pertinent questions arise; why is a not-for-profit association with a maximum capacity of 500 members licensed to open two distribution outlets? How does a similar association sustain the expenses? Maybe Orwell was right after all, ‘all animals are equal, but some animals are more equal than others’.

Back to the roots. In 2023 we could observe a slow but relatively positive Harm Reduction momentum by the ARUC. The information campaign on the ARUC’s website and social media included important and factual information on health, social, and legal risks associated with cannabis use and the law. Nonetheless, in 2024, no significant educational campaigns for people who use cannabis were developed. Apart from the one-month campaign in December not to consume substances and drive, cannabis consumers in Malta remain stuck in a prohibitionist agenda.

ReLeaf Malta reiterates its concerns for the FSWS and Agenzija Sedqa’s continued criticism of the decriminalised model and regulation of cannabis, including opposition for home cultivation, and possession of 50g of cannabis flowers. We hope we are wrong, but similar convictions seem to prioritise criminalisation, over human rights and social justice. Therefore, how can registered members of cannabis associations rest assured they will not be forced to visit Sedqa for an addiction and treatment consultation?

Lest we forget, decriminalised measures are included to protect consumers from legal risks caused by criminal laws. Harm Reduction recognises the interdependent nature of human rights, and provides health, legal, social and educational tools to reduce risks primarily caused by the ‘War on Drugs’ and a war on us, the people.

What do we want to see in 2025?

Increased decriminalised thresholds for possession at home and in public, thus further preventing legal risks.

Legal amendment to remove the danger of allowing synthetic ‘cannabinoid products’, and the definition of cannabis including clear reference to Cannabidiol (CBD) only.

Reduced licensing fees and regulatory expenses for not-for-profit CHRAs.

Reduced prices of regulated cannabis thus ensuring it is accessible to cannabis consumers coming from different socio-economic backgrounds.

Equal treatment and application of not-for-profit principle for all stakeholders, including ‘consultants’.

Increase in the wages of workers engaged with CHRAs, thus better reflecting their role and expertise.

Cannabis consumption rooms, including designated public spaces.

Meaningful participation by NGOs representing the voice of people who consume cannabis in decision making and regulatory developments related to the cannabis reform in Malta, in particular the operations of CHRAs.

While we welcome the New Year with hope and renewed impetus, we call on you, cannabis consumers to be vigilant against predatory stakeholders, and to join our call for a human-centred and peer-led regulated cannabis reform.

Andrew Bonello is president of ReLeaf Malta an advocacy group for cannabis users