McKay appointment a ‘direct insult to the spirit of the law’, says Releaf Malta

Local NGO ReLeaf Malta expressed its concern at the appointment of former Caritas Director Leonid McKay as head of the cannabis authority, saying this went against the spirit of the law.

The NGO released a statement on Saturday, in reaction to the news that Mariella Dimech, Malta’s first chair of the newly-created Authority for the Responsible Use of Cannabis was sacked after just 10 months by the Home Affairs Ministry.

“It is regrettable to observe that once more people who use cannabis are being treated as second class citizens, denied meaningful representation, pushed to the fringes, and once closer to a prohibitionist mind frame.”

Releaf Malta said that the Government continued to de facto fail in the repeated promises of respecting the dignity of adults who use cannabis and transition from a punitive and criminalised environment to a more inclusive and regulated framework.   

It stated that the appointment of former Caritas Director Leonid McKay, was a direct insult to the spirit of the law, and those that worked so hard to re-write history and combat the use of dehumanising language, and policies promoting a culture of institutionalised stigma and discrimination.   

It said that McKay occupied a very pivotal position in decision-making of the organisation that expressed serious concern about the legislation of the recreational use of cannabis.

Releaf Malta said that throughout the years, Caritas was one of the leading organisations raising a demonised crusade against any form of legislative changes empowering responsible cannabis use and shielding people from unnecessary criminal consequences.

“ReLeaf Malta reiterates that the core purpose of the law has always revolved around the pivotal importance of promoting public health and social justice by correcting the legal abuses of the past and establishing a safer regulated approach in full respect of international law. Ultimately, cannabis policy reform grounded in a harm and risk reduction approach recognises that people who use cannabis are not criminals, or sick patients in need of an abstinence only policy framework.”

It argued that Caritas’ position of viewing cannabis within a strict addiction or commodity model, reflected a very poor understanding of how cannabis is consumed in society, and the role of the cannabis community to impart educational tools and responsible practices. “Therefore, one questions the new appointee’s credentials to establish a community-led not-for-profit cannabis model ensuring policy treats cannabis users as knowledgeable, equal, and respectable partners.”

Releaf Malta argued that Caritas’ position of viewing cannabis within a strict addiction or commodity model, reflected a very poor understanding of how cannabis is consumed in society

“It is therefore even more questionable how principles of social equity, social justice, and sustainable development will be adopted by the new leadership of the ARUC.  It is also curious how non-judgmental education and dialogue (not coercion) will be embedded for a framework, supposedly, designed BY and FOR people who use (and who have an intention to continue using) cannabis,” Releaf Malta said.

It said that it was “baffling” that Government was adopting a human rights-based approach advancing restricted access and responsible use of cannabis, whilst on the other side, appointing a chairperson who viewed cannabis consumption as a sign of weakness, or vice.  

“Could this appointment be a subtle and diplomatic attempt to stifle local legislation advancing the rights of people who consume cannabis? And, moreover, who will be benefiting from all this?” Releaf Malta asked.

“How can the local cannabis community rest assured this new appointment will represent their rights and continue to build a human rights-based framework allowing the creation of a community, not industry, driven approach?” 

The NGO called on the Government to reconsider McKay’s appointment and reassure that the leadership of the ARUC aims to primarily advance the health, social, and legal well-being of people who use, share, and cultivate cannabis.   

Releaf Malta makes a list of demands

Releaf Malta urged the government to get a signed declaration by the newly appointed (and any future appointed) Chairpersons of ARUC on the core principles of applying a comprehensive harm and risk reduction approach.

“Therefore, one which respects privacy, and treats people who use cannabis as responsible adults capable of making informed decisions without the need of invasive practices and methods of coercion.”

It added that the declaration should include provisions prioritising, in an equal manner, the health, social, and legal well-being of people who consume cannabis, particularly, the facilitation of meaningful consultation by peer-led civil society organisations of people who use cannabis in the design, implementation, and oversight of the framework allowing the establishment of not-for-profit cannabis organisations

It also requested clear and transparent information on the licensing process, including information on how the community driven not-for-profit cannabis-based framework will be applied to the local context, taking due considerations for the role of social justice, social equity and sustainable development in ensuring a holistic harm and risk reduction approach.

Releaf Malta also called for a realistic timeline of when and how the licensing process will be implemented, including guidelines on the application criteria.