An analysis of the legislation regulating cannabis for personal use in light of Malta’s legal reform

Abstract

In 2021, Malta became the first member state of the European Union to legalise the recreational use of cannabis. This dissertation provides a comprehensive study of this bold legal reform based upon its objective of promoting harm reduction. First, a comparative analysis of the various legal approaches taken internationally was executed with reference to foreign judgements and legislation. The benefits and drawbacks of the differing approaches were considered, with specific focus on the Dutch Model and the Portuguese System. An outline of the countries which took up the legalised approach, both officially and unofficially, was provided as a point of reference for Malta. Secondly, the amendments made through Act No. LXVI of 2021, as supplemented by the ‘Responsible Use of Cannabis (Licensing of Organisations) Regulations’, were comprehensively examined. Here the affected legal provisions were collated within chapter two following a simultaneous analysis of the Drug Dependence (Treatment Not Imprisonment) Act, the Dangerous Drugs Ordinance, the Conduct Certificates Ordinance and the Commissioners For Justice Act. Thirdly, select Maltese judgements were scrutinised to identify the necessity for this reform through jurist’s criticism. A distinction was made between offences concerning the possession and cultivation of cannabis for exclusive personal use versus for trafficking purposes. Within chapter three, the amendments were compared with such judgments, recognising the ambiguity which remains regarding the notion of ‘gifting’. Finally, constructive criticism was provided within chapter four wherein the author highlighted the deficiency of the implementation of the reform as a direct result of its haste enactment. Discussed were the Authority’s shortcomings through significantly delaying the establishment of Associations, as well as by overlooking the importance of educational campaigns resulting in misinformation and lack of clarity, such as emphasis on road safety when consuming cannabis.