Malta will no longer systematically imprison cannabis growers

Decriminalization? Not yet. But certainly a more flexible policy on cannabis self-cultivation. Last Thursday, Malta's Minister for Justice, Culture and Local Government, Owen Bonnici, announced a package of amendments to existing drug laws, proposing to grant discretionary power to the court to convict or not convict a person caught cultivating cannabis and able to prove that it was strictly for personal use.

Owen Bonnici a declared that the bill will be published after the Christmas vacations.

A court decision at the origin of the evolution

The decision comes after a young woman, Marie Claire Camilleri, was sentenced to six months in prison for 6 mini-feet of cannabis growing in a pot. Owen Bonnici explained that because of the law, the court's «hands were tied» and had no choice but to imprison the defendant for six months, »but now that law will change with the new bill.».

«Under the current legal regime, in cases where a person is convicted of growing cannabis for personal use - which exceeds one plant - the Court is required to impose an effective prison sentence,» explained Owen Bonnici.

He said that with the proposed amendments, the courts would have more latitude as to the sentence they deem appropriate. «The courts would be able to impose a sentence other than imprisonment wherever they are satisfied that the crop is for personal use.»

Owen Bonnici emphasized that the change in drug laws concerns those in possession of more than one plant for personal use, and not for the sale of cannabis. Consequently, the law remains the same when cultivation is not for the exclusive use of the possessor, and the penalty in these circumstances remains that of mandatory imprisonment.

A precedent in 2015

Drug laws had already evolved in Malta in 2015. Previous reforms included:

• the police can prosecute small quantities of drugs (3.5 g of cannabis, 2 g of other drugs, two ecstasy tablets), but users will be liable to fines ranging from €65 to €125, or from €50 to €100 in the case of cannabis
• the police can still detain people caught with small quantities of drugs for up to 48 hours, in order to extract information linked to drug trafficking
• repeat offenders, with the exception of cannabis, will be referred to a Drug Offender Rehabilitation Board. For cannabis, repeat offenders are exempted from appearing before the board, regardless of the number of times they have been caught in possession of the drug.
• growing a cannabis plant for personal use is no longer punishable by a mandatory or suspended prison sentence, and doctors can prescribe cannabis in medicinal form if there is no viable alternative

Owen Bonnici explained that thanks to the 2015 reforms, people caught with a small amount of drugs (simple possession) are brought before a justice commissioner rather than courthouses. «Between April 2015 and December 1, 2019, 3,064 people appeared before the commissioner, instead of courthouses,» Bonnici said. He noted that 108 of these cases were referred to rehabilitation under the auspices of the Drug Offenders Rehabilitation Board.

He stressed that the reform also offers a second chance to those brought to justice for more serious drug offenses if it is proven that the people concerned are victims of drug addiction and intend to put an end to the habit.