Caritas Malta has formally submitted its response to the government’s White Paper for more effective justice for drug victims, where it disagreed with the proposal which seeks to increase the maximum amount of drugs one can possess to be sent to a drug court, warning that this increases risk of more people trafficking drugs.

In a statement on Tuesday, Caritas said that while it acknowledged the significant proposals in the White Paper that have the potential to enhance the rehabilitation of individuals dependent on drugs and bring about more social justice, it does not agree with the proposal on the amounts indicated for eligibility for the Drug Offenders Rehabilitation Board.

The proposed reform would see the amounts at which point a possession case can be transferred to the drug courts increased to 500 grams for cannabis, 200 grams for cocaine and and 500 tablets for ecstasy.

The response was supported by 13 organisations and included views from 45 residents who are currently undergoing a residential rehabilitation program with Caritas Malta, clients who have used Caritas’ services, and views from Caritas Malta staff working in both rehabilitation and prevention fields.

Caritas spoke of the serious concerns it had with relation to the proposal, and the common sentiment among residents was that while some cases may benefit from the adjustment, the increases may have unintended negative effects.

These would be the facilitation of pushing larger amounts, sending a negative message to society that the substance can be trafficked and finding loopholes in the law, reduces the fear of going to prison, encourages more people to traffic, and increases drug availability and associated violence.

Caritas mentioned five scenarios connected to these risks. One was that the ‘addict’ may not have the proposed quantities, reminding that 200g of cocaine may have a value of €20,000. Caritas warned that if the addict has this amount, they will be heavily tempted to consume them.

It also warned that dealers often entice their client to serve as a ‘runner’ to continue selling their product. The dealer would give the client 5 grams in individual packets to sell, each priced at €50, of which the runner would receive €10.

Caritas said that dealers know that drugs will affect the addict’s mind, and can end up consuming all they have, and so they do not trust clients with large amounts quickly.

Another scenario Caritas mentioned is that there are many traffickers or pushers who are users, but not addicts (they use a substance in limited quantities). “It is difficult to be both an addict and a trafficker/pusher because one cannot function to maintain the drug business. Residents mentioned pushers who, when caught, took cocaine in quantities that suggest to the law that they are users.

Caritas mentioned couriers, where addicts end up risking their life for money, and become pawns of the trafficker.

It also mentioned that in this circumstance, since the addict caught with 200g can resolve his case through a drug court, then the trafficker and the addict may reason that it is ‘safer’ for the addict to transport 200g of cocaine, as if they are caught, it has been unintentionally facilitated for them to try resolve the case in a drug court.

Caritas said that in Malta, there is a reality if one encounters drugs, then you will be seen as grown up and become ‘trendy,’ leading to those who sell drugs becoming something of a small or medium business.

It said that this type of life – which includes luxury items – may tempt some, with one of their clients saying that before becoming addicted, he used to sell drugs to make money.

“Residents across the board said that the increase in amounts increases the risk of more people trafficking,” Caritas said, adding that one person told them that while they never trafficked due to fear of prison, the increase sends a message that makes it more tempting to start selling or dealing more.

Residents in Caritas’ programs also said that if the fear of ending up in prison is removed, one may be less motivated to seek rehabilitation and change.

They are also afraid that if the amounts of drugs increase, and along with it the culture of drugs and violence attributed to it, then it could also attract the attention of certain drug rings from countries which already have a presence in Malta and attract more of them.

Caritas said that increasing the amounts poses a danger that the addict will be more exploited and used, but on the other hand, there are people who have more than the amounts established so far, who are not being treated justly who are paying for it through prison.

An example of this is an addict who is arrested for trafficking drugs for a trafficker to make money to sustain his addiction, and when caught, there is a lot of fear, where he ends up not talking and getting a prison sentence.

“Surely, everyone working in this sector agrees that individuals who are addicts and have trafficking sentences, who also have higher than established or proposed amounts, and would have rehabilitated themselves, should not be imprisoned for pending cases,” Caritas said.

Caritas said that it also cannot ignore the worrying context of cannabis, and the huge lack of law enforcement, which paved the way for a stronger culture of cannabis and cocaine in the country after the cannabis reform.

Caritas’ proposals

Caritas also made five proposals in this light, the first one being that the current amounts stipulated by law remain the same, but they become indicative and not prescriptive, meaning if someone has amounts close to the established amounts, for example 101 - 110/120 grams, and meets the criteria as indicated (i.e., truly having addiction, that the crime was committed when addicted and due to addiction), they can still benefit from the drug court.

In the case of ecstasy, Caritas said it felt that 500 pills are excessive.

Caritas proposed that in light of the cannabis context as it is, where one can now own up to 4 plants and can become members of a club, there should be stricter enforcement on trafficking to control the black market. In this case, amounts should not be changed, but should also be indicative.

Caritas also proposed that in cases where a person has been arrested and charged with significant amounts, does not qualify for the drug court but there is an element of addiction, they should have their case frozen (Stay of proceeding) or delay sentencing until the person is rehabilitated, and provides clear evidence of rehabilitation.

This means that mandatory prison sentences should be removed where there is strong evidence of rehabilitation, and the amounts should not be decisive, but evidence of rehabilitation should be decisive.

One may consider in this case that the time a person spends in a residential rehabilitation program and also in outpatient rehabilitation service, serves better as opposed to mandatory imprisonment.

“It is good to keep in mind that when someone is arrested, the fear of imprisonment can be a strong motivation for rehabilitation. It is good to keep in mind that for a person to graduate from Caritas' program, they need a period of about two years. Then a person may be given probation, a suspended sentence or community work instead of being sentenced to prison.

In the case of pending cases where months or years later, the person who has rehabilitated himself, has to go to prison, Caritas said that the country would be losing the person’s productivity and incur the costs of prison, or else are given a bed in rehabilitation programs which could be given to someone who needs it more.

“Here, the magistrate should have the discretion not to improve mandatory imprisonment, and instead can give probation, suspended sentence or community work,” Caritas proposed.

In conclusion, Caritas said it believes that the White Paper includes very good proposals, and if serious concerns about increases in amounts are addressed, it can offer a golden opportunity for a reform that is truly effective, balanced, efficient, and manages to provide more justice for drug-dependent victims and the victims created around them.

The statement was supported by: OASI Foundation, Catholic Schools Association, CCF Chaplaincy, Malta Catholic Youth Network (MCYN), Millenium Chapel, Paolo Freire Institute, Fondazzjoni Suret il-Bniedem, Soup Kitchen OFM Valletta, Fondazzjoni St Jeanne Antide, Fondazzjoni Youth Alive, St Vincent De Paule Society, Church Homes for the Elderly, Mater Dei Hospital and SAMOC Chaplaincy.