Decriminalization or legalization of cannabis: the debate intensifies
The drug trafficking issue across the island is escalating, with numerous videos highlighting the distress of those suffering from addiction. Is decriminalization or legalization of cannabis a viable solution? Two legal experts, Me Dev Ramano and Amira Peeroo, along with José Ah Choon, president of the NGO A Nou Là, and Ally Lazer from the Mauritian social workers' association, share their insights.
Me Dev Ramano wants to clarify his stance. "I neither smoke nor consume. However, politically, I support the decriminalization and legalization of cannabis."
For this lawyer, the topic remains contentious and heated. He candidly criticizes those opposed to any form of decriminalization.
According to him, a deep hypocrisy surrounds this debate. Relying solely on imprisonment, repression, and the erosion of freedoms to combat an escalating plague is, in his view, a clear failure.
Me Dev Ramano also critiques the Dangerous Drugs Act (DDA), which categorizes cannabis as hard and dangerous drugs. He argues that the only relevant provision is Section 40, which pertains to driving under the influence of drugs.
He denounces "a false law based on false information," even labeling this classification as a "crime."
The lawyer believes that the DDA violates fundamental rights guaranteed by the Constitution, particularly Articles 1 to 16: the right to life, liberty, expression, conscience, and belief, among others.
Citing a philosophical principle, he suggests that anything "outside of your skin and body" can be regulated by the state.
Conversely, "what you put into your body is your right. It is your government, your territory, and your jurisdiction." In other words, the body falls under individual jurisdiction.
He advocates for more education and awareness to support individuals in their choices. "Your body remains your jurisdiction and your territory."
Regarding the criminal penalties associated with "cannabis," he believes they can be more destructive to the individual than the substance itself. If that’s the case, the law needs to be reassessed.
He thus calls for "political courage" to remove cannabis from the list of hard drugs in the DDA and "restore its true meaning." In his eyes, it is not a hard drug but rather a so-called soft drug.
Decriminalization, Decriminalization, and Legalization
Me Dev Ramano emphasizes the confusion that persists among these three concepts:
- Decriminalization: the consumer is no longer subject to criminal penalties, but the substance remains illegal.
- Decriminalization: the infraction ceases to be criminal in nature, although the drug remains prohibited.
- Legalization: consumption, production, and distribution become legal and regulated by law.
The lawyer observes that cannabis is currently sold at the same price as heroin, which he sees as "a major issue." He believes that legalization could curb the spread of synthetic drugs and weaken criminal organizations.
As an example, he mentions allowing consumers to cultivate a plant for personal use.
This would eliminate the need to rely on traffickers, whose trade would be directly impacted. More dangerous drugs, like heroin or synthetic substances, could see their market shrink.
To those concerned that permitting home cultivation of cannabis would expose children to danger, he counters that the presence of alcohol in homes raises the same question. According to him, it all comes down to education, discipline, and awareness.
Finally, Me Dev Ramano criticizes the "evasive tactics of some politicians." He cites Paul Bérenger, Deputy Prime Minister, who deemed it necessary to delve deeper into the conversation about decriminalization. The lawyer reminds us that the Mauritian Militant Movement had previously supported legalization or decriminalization.
In his view, legalizing cannabis means directly addressing money laundering, traffickers, and, more broadly, the drug epidemic.