Reviewing the decriminalization regimes of Malta and Portugal, and analyzing their overall effect on drug use

Abstract

With the introduction of the Drug Dependence (Treatment not Imprisonment) Act Malta enacted the first decriminalization regime with respect to its drug legislation, which prior to this was regulated through fines and imprisonment under the Dangerous Drugs Ordinance. This departure from the traditional procedure born of the criminal justice system towards rehabilitation centred approach follows recent trends by other European states as well as recommendations by the Global Commission on Drug Policy. While the Maltese act is still relatively in its infancy, the Portuguese decriminalization regime, stemming from the Decreto-Lei 30/2000 has been in operation for almost two decades and has, by an overwhelming majority of accounts, been a success not only in the prevention and reduction of drug-related health conditions but also in the decrease of drug use and increase in rehabilitation measures provided. This paper will examine the salient elements of each law in an attempt to better understand their similarities and differences, mainly focusing on the manner by which decriminalization has been introduced and to what extent it applies in particular circumstances which have been brought before the Maltese Courts. Through this comparison the effects, both intended and actual, of the Maltese act, as well as any possible lacunae left unresolved by the legislator, will be discussed and recommendations for potential remedies using elements from the Portuguese law will be considered.