Once a drug is criminalised, the person who possesses and consumes it for personal use is also criminalised, drug-policy researcher Karen Mamo said.

Mamo, a drug-policy researcher specialising in harm-reduction by profession, spoke on her own behalf and not as a representative of the Authority for the Responsible Use of Cannabis (ARUC).

She argued that what causes the most damage to the health and wellbeing of an individual who has made the personal decision to use an illegal drug is predominantly "it's illegality" and the negative consequences caused by criminalisation.

She was asked if the decriminalisation, and perhaps legalisation of all drugs, should be considered to be the only way to fight the so-called "war on drugs". "Legalisation is different from regulation and decriminalisation is different from the two. We can see that most countries, even at a United Nations level, are proposing an alternative to incarceration or punitive measures," Mamo said.

"That does not mean that drug use should be promoted, or become a 'free-for-all' industry, such as the alcohol and tobacco industry. The solution is to enact legislative changes founded on human rights principles and protect people from the negative consequences caused by incarceration and a tainted police conduct," Mamo added.

She said that protecting people from the illegal market, usually monopolised by unscrupulous transnational criminal organisations and mafias, is also one of the priorities.

As attested by various studies on drug policy reform, moving away from criminalisation and discussing drug use within a human rights framework has proved to be pivotal to positively impact prevalence levels, reduce health risks associated with the use of drugs and other issues such as "gang wars", turf monopolies and more, Mamo said.

"Regulation, yes. Legalisation, maybe not. Criminalisation, even less. Let us avoid tragedies of having people facing a court case, paying hefty lawyer fees, missing out on socio-economic opportunities and potentially being ostracised by family members and friends. That is the stigma we need to avoid. These are the human tragedies we need to address," Mamo said.

Mamo spoke about Portugal and the now 20-year-old legal experiment of decriminalising upon first offence small amounts of drugs (up to 10 days).

"The Portuguese model was an interesting approach, as well as revolutionary one, encouraging also other European countries to remove personal possession and consumption from the criminal bracket and instead to be taken to a drug commissioner, as well as diverted to health and rehabilitation services," Mamo said.

However, the Portuguese model did not provide people who use drugs with the legal tools to access a safe product and continued to criminalise people caught more than once, she said, emphasising that there are vulnerable groups who tend to be picked up by law enforcement more than others.

In 2015, Malta adopted the Drug Dependence (Treatment not Imprisonment) Act, where a person found in possession of a small amount of drugs for personal use is tried in front of the Commissioner of Justice. If found guilty, a fine of €50 to €100 would be imposed for possession of cannabis, of €75 to €125 for possession of other drugs.

Mamo said that in 2015 Malta depenalised drugs in a way which copied the Portuguese experiment. The decriminalisation and regulation of cannabis in 2021 expands further the role of non-criminalising personal drug use while ensuring people who use drugs are provided with a quality-tested product.

"All drugs should be taken away from a criminal bracket, as provided that it is for personal possession and consumption; once you criminalise a drug, you criminalise a person," Mamo said.

She said that a recently surfaced psychoactive drug Mephedrone, known as "Meow Meow" was rightly included as a prohibited substance by legislators, but this has resulted in further exposing people to criminalisation.

Mamo also mentioned the case of the younger son of European Commissioner Helena Dalli, Jean Marc, found in possession of a very small amount of XTC pills and who was sentenced for three months after he was found guilty of trafficking at a party in Paola in 2013. The judgment took eight years to be decided, before Dalli was sentenced to three months.

Mamo spoke about education moving away from a Just Say No approach to an informed one of Just Say Know.

She was asked if Malta should move in the direction of legalising MDMA and psychedelic mushrooms, which have been decriminalised in certain countries for medical purposes. "A very cautious yes, and a very cautious no, depending on which type of regulatory framework is suggested and adopted," Mamo said, adding that it is something a legislator would have to decide.

"Interestingly, some legislations across the world are presently looking into regulating the use of other drugs apart from cannabis. Once more the overarching aim is to provide people who use drugs with a safe outlet and shield them from court cases," she said.

What if we had an authority, like the ARUC, for the responsible use of these substances?

Mamo said that people use cannabis in a certain setting, and its culture and history is different from that of MDMA or mushrooms.

She said that to establish an authority for different drugs would require different considerations, including considerations for the "drug using culture" linked with that particular drug.

The establishment of Drug Consumption Rooms in some EU states, and in Canada, have proved greatly successful to prevent overdose and help people seeking their services to take informed decisions, Mamo said

"Having a safe outlet from where to obtain MDMA or cocaine, and not being criminalised for obtaining it, are legislative changes which will continue to surface at a regional and international level," Mamo said.

A similar legislative environment would also make sure people are not scared to seek medical help if experiencing problems or one of their friends is experiencing an overdose, she continued.

She also spoke about allowing drug checking, a concept which does not exist.

"People obtaining cannabis from Cannabis Harm Reduction Associations will have for the very first time reassurance that their product has been quality tested. However, anyone buying MDMA or cocaine, would have to just rely on their dealer's repute, or buy a personal test kit and check the composition of the substance at home, which is good, but not as accurate as when lab-tested," Mamo said.

She said that individuals who buy illegal drugs, could not know if the drug is truly what they wanted to buy or if this has been mixed with other substances, such as the more powerful fentanyl and new psychoactive substances.

"Having an educated approach with regards to drug use is very important and that is what helps to prevent risks and save a life," Mamo said.

She was asked about testing stations at festivals and parties abroad, which are run by NGOs composed of researchers and by people who use drugs, providing drug checking services with no questions asked.

Mamo said that NGOs led by individuals who make use of drugs are missing in Malta. She said that these NGOs usually advocate for a decriminalisation of personal drug use and better access to health and social services for people who use drugs.

"Testing could be very useful for the user. Firstly, the person could identify a product with a high purity, and decide to go slow and low, thus reducing intake, better monitoring the effects and promoting responsible use," Mamo said.

She said that education and an evidence-based approach have shown positive results, when asked if these testing stations promote drug use at parties.

"Statistics and research done by NGOs at festival such as The Loop in the UK and Energy Control in Spain, show that a huge percentage of people who tested their substance and found out that it was not what they thought it was, threw it away. If given the option, people would take positive decisions to prevent harm," Mamo explained.

Mamo said that research has shown that people are cautious and care for each other, even when making use of illegal drugs.

"The misperception that all drug use leads to a life of crime and violence continues to stigmatise people who use drugs, particularly those caught up in the criminal justice system and splashed around on newspapers and social media. Behind every statistical number or story, there is a human being, and when problematic substance use is involved, the situation becomes more complicated," she continued.

Mamo emphasised that the language used when discussing the topic should be respectful, aimed to empower and educate, not ostracise, dehumanise and stigmatise.

"When it comes to problematic substance use and addiction, a question posed by Prof. Gabor Mate, not why the addiction but why the pain, explains that addiction is better addressed when considered within a broader socio-economic perspective," Mamo said.

She emphasised that drug users should never be stripped of their human rights and autonomous decision-making skills.

A World Café, an informal group discussion on drug use and society, will be organised by Mamo in collaboration with Associate Professor in Criminology, Giulia Zampini at the University of Greenwich.

Karen Mamo (MA/MSc Conflict Resolution and Mediterranean Security; MSc Addiction Studies) is speaking on her own behalf and is in no way representing ARUC