New approach to first-time drug offenders welcomed

The proposal, part of a new package of laws, says that first-time offenders caught with drugs for their own personal use will not undergo court proceedings but engaged in interventions to stop substance use.

Should this be approved by parliament, first-time offenders in possession of drugs for their own personal use would receive a formal warning rather than undergo court proceedings.

"Those in possession of drugs for personal use should not be sent to prison, and if anything, should be helped if they have problems related to addiction. Malta's prison is overcrowded, and recidivism is rampant. Sending drug users to prison is only aggravating problems," AD chairperson Michael Briguglio said

AD said it supports Sedqa clinical director George Grech's suggestion for the decriminalisation of drugs for personal use. "Drug addiction is a disease not a crime and the main sufferers are the addicts and their families. Punishing them further serves to no purpose."

Briguglio said that another serious problem is the lack of classification distinguishing between soft and hard drugs when sentencing drug dealers. "Whilst drug dealing should be a punishable crime, the treatment of cannabis and other soft drugs in the same way as cocaine and heroin is nothing more than an incentive to drug dealers to invest in the latter - where the big money is - since if caught they'll end up receiving the same punishment."

The NCDAD has also drafted a proposal for an arrest referral scheme and extra judicial body, for processing first time offenders for drug offences, on possession for personal use.

In 2010 of all arrests made for possession, 275 (85%) were between the ages of 15 and 34, 46 of these were aged 30-34 (17% of the 275).

The NCDAD said its proposal attempts to combine an Arrest Referral Scheme (ARS) with a diversionary form of proceedings to an Extra Judicial Body (EJB) for the hearing of cases of first time offenders (possession for personal use).

Arrestees who are being investigated by the Police for possession for personal use of an illicit substance/ licit substance without the control card would be approached during the arrest by an Arrest Referral Officer (ARO), who will advise the arrested person, on the workings of the scheme.

The arrested person will not be eligible to join the ARS if this is not the first conviction or there are pending cases before the court for a crime punishable with imprisonment for more than six months

The individual would then appear before a three-man board who will consult with the ARO and the police for any information and assistance it may require

After hearing the case the EJB will ascertain that the person concerned follows interventions that are deemed fit by the EJB and may include: brief crisis intervention; motivational  interviewing and drug counseling; community service; supervision; leisure education; or a clean urine for a stipulated number of months.