Is Mauritius’s New Drug Bill the Right Solution?

Qs & As

 Cannabis, Methadone, and Mauritius’s Drug Fight

By Lex

In this week’s Q&A, Lex analyzes Mauritius’s National Agency for Drug Control Bill, approved on March 28th, 2025, to determine if it’s the appropriate response to the country’s drug crisis, considering trafficking networks and the increasing use of synthetic drugs. Lex’s examination also covers the Bill’s proposed institutions, the efficacy of repressive measures, and the complexities of cannabis legalisation or decriminalization, drawing on international experiences. Lastly, Lex explores the connection between cannabis policy and existing harm reduction programs like methadone, highlighting the critical need for effective management.

* At its meeting on 28 March 2025, the Cabinet approved the introduction of the National Agency for Drug Control Bill into the National Assembly. This bill, once enacted, will establish the National Agency for Drug Control, designated as the primary body responsible for drug use prevention, rehabilitation, and drug control issues. In light of the country’s pressing drug situation, does this approach represent the most appropriate and proportionate solution?

The drug scourge presents distinct challenges. Over the past decade, drug traffickers have developed a comprehensive island-wide network for the sale and distribution of prohibited substances. Consequently, a single, perfect solution to combat this scourge is unlikely. Nevertheless, the new legislation represents a positive initial step, demonstrating the government’s commitment to aggressively address the drug problem.

* The Bill’s provision for the Prime Minister’s chairmanship of the National Drug Control Commission signals the government’s commitment at the highest political level to tackle the drug scourge head-on. However, what about institutional support to combat drug trafficking? While the ADSU received criticism from the Lam Shan Leen drug commission – whether justified or not – men on the field will still be essential in this fight, won’t they?

This Bill proposes the establishment of two key bodies to address drug control: the National Drug Control Commission and the National Agency for Drug Control.

The National Drug Control Commission, to be headed by the Prime Minister and comprising the Deputy Prime Minister and relevant ministers, will be responsible for setting national objectives and goals, determining policies and priorities related to drug control, overseeing the coordination of all drug control activities in Mauritius, evaluating drug use information, and formulating relevant policies, as outlined in section 4 of the Bill.

Secondly, the Bill establishes the National Agency for Drug Control, which will encompass multiple divisions and primarily focus on tackling drug use and consumption.

It is important to note that the establishment of these Commission and Agency will not affect the existing functions of the police in tracking drug possessors and traffickers. While the Bill aims to reduce drug consumption and promote rehabilitation, it does not eliminate the punishment aspect of drug offenses. The focus on rehabilitation is intended to ultimately impact drug trafficking by reducing the number of users and consumers.

* However, the increasing evidence of repressive methods failing to curb drug trafficking across the world is alarming. Traffickers consistently outmanoeuvre the police, and the suspected presence of protection money and corruption within investigative bodies and allegedly even the judicial sector raises serious questions. There is also the emergence of cheaper options in the form of synthetic drugs, some of which are apparently being manufactured locally in hide-away labs. Considering these systemic issues, is it time for a fundamental shift away from purely repressive approaches towards drug trafficking?

No. Repressive measures should coexist with the need to reduce drug consumption through rehabilitation.

The government’s policy is twofold. First, consumers should not be sent to jail but should be sent to a specialized institution for rehabilitation. Experience has shown that consumers who are sent to jail are easily influenced by drug traffickers serving time and become hardened criminals. Repression is not the solution for consumers.

Second, hardened drug traffickers should continue to be tracked and brought to justice, and their ill-gotten assets seized.

* Given the sensitive and potentially controversial nature of legalising or depenalising (decriminalising) cannabis, any responsible government would thoroughly examine the current state of research on the effects of cannabis use, and the experiences of countries with varying cannabis policies. Considering this multifaceted analysis, what would be the most critical factor in a government’s decision-making process regarding cannabis policy?

Legalising cannabis involves removing all legal prohibitions, making it available to adults for purchase and use similar to tobacco or alcohol. Legalisation may offer benefits like reducing cannabis-related crimes and potentially decreasing the stigma associated with use. However, concerns about potential increased consumption, adverse health effects, and the impact on adolescents also need consideration.

Legalising the use of cannabis cannot be done lightly. Many countries that have legalised cannabis are addressing the effects of its use. To what extent can the use or abuse of legalised cannabis be controlled? Legalising the use of cannabis in Mauritius may lead to abuse. Who will be allowed to sell cannabis? Pharmacies? Would-be purchasers would require a medical prescription if they need it for medicinal purposes. This aspect means that doctors who prescribe it should be strictly monitored and be required to submit returns on the number and frequency of prescriptions they issue. Pharmacies, too, must furnish returns. Already, pharmacies are required to keep a register for all dangerous drugs they dispense.

The situation for users who require it for recreational purposes is more complex. How will they justify the purchase, and from whom? What amount would recreational users need? This raises complex health and societal issues. So, it is not easy to come to a definite conclusion. The public outcry by a minority is not yet sufficient justification to legalise cannabis.

* Which institution/s should be tasked with examining all the different issues in relation to the legalisation or depenalisation of cannabis? The National Drug Control Commission itself?

A more effective approach would be for the Commission and the National Agency for Drug Control to start functioning and thereafter proactively establish a special working force, comprising stakeholders from diverse backgrounds, to study the issues surrounding cannabis legalisation or decriminalisation. This allows for a comprehensive examination of the potential impacts and the gathering of information necessary for an informed decision.

While the continued functioning of the Commission and any relevant agency is important, initiating this dedicated study concurrently would provide valuable insights and data to guide future policy decisions.Read More… Become a Subscriber

Mauritius Times ePaper Friday 2 May 2025