The impact of the drug dependence act on Maltese drug law : a true reform towards the decriminalisation of simple possession?

Abstract

The enactment of Act I of 2015 initiated a new era in Maltese drug law as the conservative and punitive approach of the past was abandoned and substituted by a more lenient legislation that centres its focus around the victim’s treatment. Since this reform was anticipated as the decriminalisation of possession for personal one, this study will examine the restructuring of the drug laws whilst focusing specifically on simple possession. Chapter 1 provides a starting point where a brief history of the prevailing Maltese drug laws is given in order to provide a context of the development of the legal framework regulating drugs. This section will move on to discuss the manner in which Malta’s resorting toward punishing methods gradually changed and authorities saw the need for the alteration of the drug laws. Chapter 2 focuses on simple possession specifically and compares the regulation of this offence prior to Act I of 2015 with the regulation of this offence after the implementation of the Drug Dependence Act. In addition, this section delves into the retention of simple possession as a criminal offence and discusses the concepts of decriminalisation and depenalisation. Chapter 3 delves into the original reform proposal and the discussions of the new approach prior to Act I of 2015 that are compared and contrasted to the resulting legislation. Finally, the study shall evaluate the extent to which this legal reform has been effective and successful, whilst providing possible improvements to the current system.