Cannabis reform in Malta : the impact on the justice system

Abstract

Laws regarding the personal use of illicit substances have been debated worldwide for a number of years. In recent decades many governments have shifted from a prohibitionist drug-control model to policies aimed at harm reduction with regards to the personal use of illicit substances. Malta has been adopting a trend in favour of depenalisation regarding the possession of same substances and in December 2021, Malta decriminalised the possession of cannabis for recreational use up to seven grams. The aim of this research is to evaluate the impact of these amendments on Malta’s criminal justice system. A mixed methodology approach was used, involving a qualitative design and case studies of the impact on the criminal justice system of other jurisdictions which have adopted similar laws for quite some years. Finally, a qualitative design through face-to-face interviews with stakeholders involved in Malta’s criminal justice system was performed. Through the qualitative design it was established that the workloads related to Summary Drug Cases will decrease due to less arrests, interrogations, and prosecutions in Court. However, concerns regarding a decrease in police informants to apprehend larger hauls, increase in cannabis use among youths, potential abuse by cannabis club organisations, possible increase in cases related to drug-driving and health and safety issues at work were raised. However, the general crime rate is not expected to increase as a result of these amendments.