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Malta’s Cannabis Reform Is Going Up In Smoke And ARUC’s Director Is Not Inspiring Confidence 

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Malta’s landmark reforms to using cannabis for personal use are going up in smoke with the director responsible for ushering in the new era seeming to be as confused as the rest of us despite the enormous expectations for the law.

Lovin Malta reached out to Mariella Dimech, the head of the Authority for the Responsible Use of Cannabis (ARUC) who is paid reportedly €80,000 a year, to take a look at what work has been done over the last year and whether any key performance indicators had been achieved.

However, Dimech’s replies failed to respond to the bulk of the questions sent, raising numerous concerns within the government that she is failing to deliver on a law that came into force just under a year ago. 

Promises to have a regulatory framework up and running by April have already been scuppered, with authorities claiming that everything will be set up by the end of the year.

In replies, Dimech insisted that ARUC has been working to set up the regulatory system using a “human rights approach” that is “based on a harm and risk reduction philosophy”.

However, she completely ignored requests to ascertain some basic facts about ARUC’s operations.

She has refused to give details on what stage ARUC is at in setting up the regulatory framework, what the deliverables are for 2022 and what has so far been implemented by the state-run authority. 

Dimech also refused to provide information on the current operational structure of ARUC, raising major concerns as to whether any of this has been done since 2021.

Rather, she listed the laws that were put in place before ARUC was even set up while giving little indication of what ARUC has accomplished in its almost 10 months of operations.

Sources have painted an unfavourable picture of Dimech, raising major concerns that she is simply not up to the task to usher in this crucial reform. 

Meanwhile, there are claims that the ARUC board is not meeting regularly, while Dimech’s communications with ministries have been slim. 

Dimech insisted that the board is meeting according to law and that ARUC is meeting with various stakeholders, including ministries to law enforcement agencies, educational and religious institutions as well as organisations that work in the rehabilitation sector.

However, Dimech completely ignored questions on the number of times the board has met, what policies are being discussed and whether there are regular meetings with ministers were unanswered.

It raises major suspicions that not enough work is being done to implement the law and whether haphazard regulations will be ushered through at the 11th hour and will likely need to be updated later. 

The delays also raise suspicions concerning the appointment of persons linked to organisations opposed to the law to ARUC, including Dimech, who worked with drug rehabilitation service Caritas for 21 years.

And while Dimech has improved her public presence with some interviews and some late videos targeting the youth – most of the questions she has answered focus on the dos and don’ts of the legislation, and only highlight the lack of progress in other facets of her role.

“This is a delicate process that cannot be done overnight… Regulation of Cannabis are constantly working to ensure that the spirit of the law is upheld and that this is done in a timely manner,” Dimech told Lovin Malta.

Mariella Dimech

Mariella Dimech

Malta’s reform to cannabis legislation was well-needed following years of dubious arrests, charges and police practices.

However, it was rushed through the parliamentary system with the government now playing catch-up.

The government’s initiative is starting to ring hollow a year later and begs the question as to whether it was simply rushed through to secure votes ahead of Prime Minister Robert Abela’s first general election as PM and Labour Party leader. 

It is having a major effect on users. Since the law, which allows people to carry up to 7g and grow four plants at home and not face criminal action, passed many users still turn to the black market and drug dealers to buy cannabis.

Rather than cripple the black market, it has thrived since the reform and has left many looking to operate legally in the sector completely in the dark over its future.

Certainly, home growers have been thriving in Malta, but their seeds are still being imported not according to proper regulation, which creates an unequal playing field for those with the setups to do so and those who do not.

It is also having a devastating effect on the many stakeholders interested in operating in the field.

Currently, commercial interests are forced to find loopholes in the law, while requests to ARUC for clarification regularly fall on deaf ears. 

Meanwhile, commercial requests in terms of the framework for advertising certain products and events linked to the sector have also been met with a response that indicates the authority is none the wiser on the issue.

Legal sources have also pointed out that a number of companies that include government entities are in breach of the law but seem none the wiser because of a lack of clear guidelines or communication available.

Dimech, herself, has been singled out by officials who spoke to Lovin Malta, who has said she has been far from helpful, warning people of legal action rather than addressing their questions.

Still, Dimech urged people interested in setting up associations to reach out to ARUC. However, persons who have dealt with her directly described her replies as coarse and lacking clarity.

What’s startling is that Dimech has somehow been immune from criticism with the media turning a blind eye to the worrying state of affairs.

And it appears Dimech has caught on and is rejecting transparency on a process that needs to be open for all to see – particularly with a large number of critics of the legislation.

Ultimately, the proposed reform went from its first reading to becoming law within two months, leaving little wiggle room for the government and authorities to bring a formerly illegal substance into a legal sphere.

However, the people tasked with ushering through this reform must now face major questions as to whether they are capable of doing so. 

For now, they are not inspiring much confidence.

Lovin Malta awaits the response to its remaining questions from Dimech.

Are you worried about the reform?

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Julian is the former editor of Lovin Malta and has a particular interest in politics, the environment, social issues, and human interest stories.

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